20231729 Ver 1_USACE Permit_20240130

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatolyPermitPro ram.aspx
General Permit No.
198200030
Name of Permittee:
General Public
Effective Date:
January 1, 2022
Expiration Date:
December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the
U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the
Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES
IN LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES, THE TENNESSEE VALLEY AUTHORITY (TVA),
AND LOCAL GOVERNMENTS IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of
generating hydroelectric power and/or providing water supply. They were constructed
and are operated by public utility companies, local governments, or under laws and
regulations administered by the TVA. Activities within these waters are the primary
concern of, and should be regulated by, these parties. This RGP applies to all waters on
or within lands owned or under flowage easement to public utility companies and the
TVA. Users of this RGP should coordinate with the appropriate public utility company,
local government, or TVA to determine if the planned work meets the guidelines or
requirements of the shoreline management program or reservoir management program for
the lake where the activity is proposed. Activities authorized are:
1. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps,
jetties and breakwater structures and installation of dolphins, pilings, and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.

2. Excavation and maintenance of recreational boat basins and canals/channels
including return water discharge where excavated material is placed and retained on high
ground.
3. Stabilization of eroding shorelines utilizing appropriate bioengineering
techniques, construction and backfill of bulkheads, and the placement of riprap material.
4. Installation of submerged and aerial utility lines provided U.S. Coast Guard
requirements for aerial lines are met and pre -project elevation contours are restored.
5. Maintenance of existing water intake and outfall structures provided all State and
Federal required authorizations have been obtained. Construction of new water intake
and outfall structures is not authorized under this RGP.
Special Conditions
a. For lakes listed in Table 1, written confirmation that the proposed work complies
with this RGP must be received from the Wilmington District Corps of Engineers (Corps)
prior to the commencement of the following activities: (i) any excavation or dredging
activity greater than 1/10 (0.1) acre occurring in a previously un-dredged area of open
water; (ii) construction of more than 10 boat slips; (iii) construction of boat ramps
exceeding 20 feet in width; or, (iv) installation of fueling facilities on authorized
structures. For these activities, the proponent should submit to the Corps detailed plans,
location maps, and an explanation of the nature and scope of the work. While written
confirmation for the activities listed in this special condition is required by the Corps
prior to the commencement of these activities, written confirmation from the Corps is not
required for all other activities described above in 1-5.
b. For all lakes covered by this RGP and not listed in Table 1, written confirmation
that the proposed work complies with this RGP must be received from the Wilmington
District Corps of Engineers prior to the commencement of any work. For this purpose,
the proponent should submit to the Corps, detailed plans, location maps, and other
supplemental information explaining the nature and scope of the work.
c. Maintenance excavation must not exceed the original dimensions as defined by
the original permit or as clearly shown or otherwise defined by existing conditions of the
ditches, basins, canals, or channels. Maintenance excavation is allowed only for facilities
that are currently serviceable.
d. To be authorized by this RGP, all piers, docks, boathouses, and boat shelters shall
be pile -supported or floating structures. Piles, dolphins, jetties, and breakwater structures
may be of wood, metal, or precast concrete. Breakwater structures will be designed to
provide for adequate water circulation landward of the structures.

e. This RGP does not authorize construction across or into any natural or manmade
channel or water body in any manner that may adversely affect navigation by the general
public.
f. On natural waterways 30-foot wide or greater that have been designated as
navigable waters of the U.S. pursuant to Section 10 of the Rivers and Harbors Act of
1899, this RGP does not authorize placement of any pier segment or structure further
waterward than one-third the width of the water body. For navigable water bodies less
than 30 feet wide, pier requests will be evaluated on a case -by -case basis and may be
restricted to less than one-third the width of the water body.
g. Docks or piers and adjoining platforms, decks, boathouses, boat shelters, docks,
and "L" and "T" sections will not cumulatively exceed the maximum allowable size of
such structures identified in the lake's shoreline or reservoir management plan. Docks
and piers extending over wetlands will be elevated sufficiently (minimum of 4 feet above
the wetland substrate) to prevent total shading of vegetation, substrate, or other elements
of the aquatic environment.
h. Floating docks, boathouses and boat shelters will not be constructed over
wetlands.
i. Wooden jetties will not extend farther than 100 feet waterward of the NWL
elevation contours.
j. Wood must be pressure -treated except in areas of boathouses or boat shelters
protected from the weather.
k. Floating structures will be supported by material that will not become
waterlogged or sink when punctured and will be installed to provide for fluctuations of
water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast
Guard will be installed and maintained by and at the expense of the Permittee.
in. This RGP does not authorize any habitable structure or associated facility for non -
water related use.
n. This RGP authorizes the construction of up to 10 boat slips without PCN (i.e.,
application) to the Corps. This RGP can be used to authorize the construction of more
than 10 slips, but PCN is required for proposals of greater than 10 slips. Included in the
PCN, the applicant must provide documentation from the lake's public utility company,
local government, or TVA verifying whether or not the proposed number of boat slips
could be allowed under the lake's shoreline or reservoir management program. If the
proposed number of slips would not be allowed under the shoreline or reservoir
management program, the applicant will be required to revise the proposed project to

reduce the number of slips to those allowed by the public utility company, local
government, or TVA. If the proposed number of slips could be allowed under the
shoreline or reservoir management program, the Corps will determine on a case -by -case
basis if construction of greater than 10 slips can be authorized under this RGP or if an
Individual Permit will be required.
o. This RGP authorizes the construction of boat ramps that do not exceed 20 feet in
width without PCN (i.e., application) to the Corps. This RGP can be used to authorize
the construction of boat ramps up to 30 feet in width, but PCN is required for all
proposals for boat ramps that exceed 20 feet in width. Included in the PCN, the applicant
must provide documentation from the lake's public utility company, local government or
TVA verifying whether or not the proposed boat ramp width could be allowed under the
lake's shoreline or reservoir management program. If the proposed width would not be
allowed under the shoreline or reservoir management program, the applicant will be
required to revise the proposed project to reduce the boat ramp width to that allowed by
the public utility company, local government, or TVA. If the proposed width could be
allowed under the shoreline or reservoir management program, the Corps will determine
on a case -by -case basis if construction of the ramp can be authorized under this RGP or if
an Individual Permit will be required. During boat ramp construction and maintenance,
no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to
the area necessary for site preparation and all excavated material must be removed to
uplands.
q. This RGP can be used to authorize the construction of fueling facilities on
authorized structures, but PCN (i.e., application) is required for all proposals. Included in
the PCN, the applicant must provide documentation from the lake's public utility
company, local government or TVA verifying whether or not the proposed fueling
facilities could be allowed under the lake's shoreline or reservoir management program.
If the proposed fueling facilities would not be allowed under the shoreline or reservoir
management program, the applicant will be required to revise the proposed project to
remove the proposed fueling facilities from the authorized structure. If the fueling
facilities could be allowed under the shoreline or reservoir management program, the
Corps will determine on a case -by -case if construction of the fueling facilities could be
authorized under this RGP or if an Individual Permit is required.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities
(bio-engineering techniques, construction and backfill of bulkheads, and the placement of
riprap material) must be undertaken landward of the wetlands. This RGP does not
authorize the discharge of dredged or fill material within wetlands.
s. Bulkhead and riprap alignments, or shoreline stabilization structures will not
extend farther waterward than an average distance of two (2) feet, maximum distance of
five (5) feet from the normal pool elevation contour and may not extend more than 500
feet along a shoreline.

t. Placement of riprap should be limited to only that which is necessary to protect
existing/new bulkheads. In general, riprap will be placed at the base of all bulkheads and
will extend a maximum of three (3) feet waterward on a 2:1 slope. However, in cases of
steep slopes, a maximum of six (6) feet waterward on a 2:1 slope is authorized provided
it complies with the applicable shoreline or reservoir management program. All other fill
material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark. Material
should only be placed where shoreline is actively eroding and no material should be
placed in excess of the minimum needed for erosion protection.
v. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
w. To avoid potential impacts to fish spawning areas, excavation activities will not
occur during the months of March, April, May, or June of any year.
x. Dredging will be limited to channel ward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channel ward of the work.
y. All excavated material will be placed landward of the normal pool elevation
contour on high ground and confined by adequate dikes or other retaining structures to
prevent erosion and sedimentation into adjacent waters or wetlands. The temporary
placement or double handling of excavated or fill material waterward of the normal pool
elevation is not authorized.
z. Return water from upland, contained disposal areas must comply with the terms
and conditions of the applicable Clean Water Act Section 401 Water Quality
Certifications for this RGP and NWP 16 issued by the North Carolina Division of Water
Resources.
aa. If an easement to fill or cross utility company, State or Federal property is
required, such easement must be obtained prior to commencement of work.
bb. Utility Line Work:
1. Utility lines consisting of aerial electric power transmission and communications
lines crossing navigable waters of the U.S. (which are defined at 33 CFR part 329)
must comply with the applicable minimum clearances specified in 33 CFR 322.5(i).
2. The work area authorized by this permit, including temporary and/or permanent
fills, will be minimized to the greatest extent practicable. Justification for work
corridors exceeding forty (40) feet in width is required and will be based on

pipeline diameter and length, size of equipment required to construct the utility line,
and other construction information deemed necessary to support the request. The
Permittee is required to provide this information to the Corps with the PCN
package.
3. A plan to restore and re -vegetate wetland areas cleared for construction must be
submitted with the required PCN. Cleared wetland areas shall be re -vegetated, as
appropriate, with species of canopy, shrub, and herbaceous species. The Permittee
shall not use fescue grass or any other species identified as invasive or exotic
species by the NC Native Plant Society (NCNPS):
https:Hncwildflower. org/invasive-exotic-species-list/.
4. Any permanently maintained corridor along the utility right of way within
forested wetlands shall be considered a loss of aquatic function. A compensatory
mitigation plan will be required for all such impacts associated with the requested
activity if the activity requires a PCN and the cumulative total of permanent
conversion of forested wetlands exceeds 0.1 acres, unless the District Engineer
determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are
minimal.
Where permanently maintained corridor within forested wetlands is 0.1 acres or
less, the District Engineer may determine, on a case -by -case basis, that
compensatory mitigation is required to ensure that the activity results in minimal
adverse effects on the aquatic environment.
5. When directional boring or horizontal directional drilling (HDD) under waters of
the U.S., including wetlands, Permittees shall closely monitor the project for
hydraulic fracturing or "fracking." Any discharge from hydraulic fracturing or
"fracking" into waters of the U.S., including wetlands, shall be reported to the
appropriate Corps Regulatory Field Office within 48 hours. Restoration and/or
compensatory mitigation may be required as a result of any unintended discharges.
cc. The Permittee shall submit a PCN to the District Engineer prior to commencing
the activity if the activity will involve the discharge of dredged or fill material into more
than 0.1 acres of wetlands or waters for the construction of temporary access fills and/or
fills for temporary work pads. The PCN must include a restoration plan that thoroughly
describes how all temporary fills will be removed, how pre -project conditions will be
restored, and include a timetable for all restoration activities.
General Conditions.
a. Except as authorized by this RGP or any Corps approved modification to this
RGP, no excavation, fill or mechanized land -clearing activities shall take place within
waters or wetlands, at any time in the construction or maintenance of this project. This
RGP does not authorize temporary placement or double handling of excavated or fill

material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
b. Authorization under this RGP does not obviate the need to obtain other federal,
state, or local authorizations.
c. All work authorized by this RGP must comply with the terms and conditions of
the applicable Clean Water Act Section 401 Water Quality Certification for this RGP
issued by the North Carolina Division of Water Resources.
d. The Permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
e. The activities authorized by this RGP must not interfere with the public's right to
free navigation on all navigable waters of the U.S. No attempt will be made by the
Permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work for a reason other than safety.
f. The Permittee understands and agrees that, if future operations by the US require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the Permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the US. No claim shall be made against the US on account of any such
removal or alteration.
g. The Permittee, upon receipt of a notice of revocation of this RGP for the verified
individual activity, may apply for an individual permit, or will, without expense to the US
and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
h. This RGP does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or
limit an agency's ability to conduct necessary operation and maintenance functions. Per
Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no
project that has the potential to take possession of or make use of for any purpose, or
build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work
or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow
areas, dredged material disposal sites, flood control projects, etc., shall be permitted

unless the project has been reviewed and approved by the appropriate Corps approval
authority. If the proposed activity has the potential to modify or conflict with a federally
authorized project, the Permittee must submit the information described in Special
Condition "a". Permittees shall not begin the activity until notified by the Corps that the
activity may proceed under the RGP.
i. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging, or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV(cr�usace.army.mil.
j. The Permittee will allow the Wilmington District Engineer or his/her
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this RGP.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
in. This RGP does not authorize the interference with any existing or proposed federal
project.
n. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the US in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
o. Authorization provided by this RGP may be modified, suspended, or revoked in
whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this
RGP shall be five (5) years unless subject to modification, suspension, or

revocation. Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the US Government.
p. No activity may occur in a component of the National Wild and Scenic Rivers
System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic
designation or study status. Information on Wild and Scenic Rivers may be obtained
from the appropriate Federal land management agency responsible for the designated
Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service,
etc.)
q. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and
its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. If any properties
subject to the above criteria may be affected by the proposed project, Permittees must
submit the information described in Special Condition "a". The Permittee may not begin
work until notified by the Corps that the requirements of the NHPA have been satisfied
and that the activity is authorized.
r. If you discover any previously unknown historic, cultural, or archeological
remains and artifacts while accomplishing the activity authorized by this RGP, you must
immediately notify the Wilmington District Engineer of what you have found, and to the
maximum extent practicable, avoid construction activities that may affect the remains and
artifacts until the required coordination has been completed. The Wilmington District
Engineer will initiate the Federal, tribal, and state coordination required to determine if
the items or remains warrant a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
s. No activity is authorized under this RGP which is likely to jeopardize the continued
existence of a threatened or endangered species directly or indirectly or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or
which will directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any RGP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity
has been completed. Information on threatened and endangered species and their critical
habitat can be obtained directly from the Corps field offices, the USFWS field offices or
at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. If any listed species or designated critical habitat
may be affected by the proposed project, Permittees must submit the information
described in Special Condition "a". Permittees shall not begin work until notified by the
Corps that the requirements of the ESA have been satisfied and that the activity is
authorized.

t. The Wilmington District, U.S. Army Corps of Engineers has consulted with the US
Fish and Wildlife Service (USFWS) in regard to the threatened Northern long-eared bat
(NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for
Endangered Species (SLOPES) have been approved by the Corps and the USFWS. This
condition concerns effects to the NLEB only and does not address effects to other
federally listed species and/or federally designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include
non-federal aid North Carolina Department of Transportation (NCDOT) projects,
OR;
• the project is located in the 59 eastern counties of North Carolina and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using an RGP must check to see if their project is located in the range
of the NLEB by using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pd£ If the
project is within the range of the NLEB, or if the project includes percussive activities
(e.g., blasting, pile driving, etc.), the Permittee is then required to check the
appropriate website in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red
areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville
Ecological Services Field Office), check the project location against the electronic
maps found at:
http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.

(2) A Permittee must submit a PCN to the District Engineer, and receive written
verification from the District Engineer, prior to commencing the activity, if the activity
will involve any of the following:
• tree clearing/removal and/or, construction/installation of wind turbines in a red
HUC, AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and there is
no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
. percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Permittee may proceed with the activity without submitting a PCN to either the
Corps or the USFWS, provided the activity complies with all applicable RGP conditions,
if the Permittee's review under A.(1) and A.(2) above shows that the project is:
located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary, and
the activity will NOT include bridge removal or maintenance, unless the bridge
has been inspected and there is no evidence of bat use, OR;
located in a red HUC, but the activity will NOT include tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; M
percussive activities.
B. Procedures when the USACE is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other
federal agency has completed project -specific ESA Section 7(a)(2) consultation for the
NLEB, and has (1) determined that the project would not cause prohibited incidental
take of the NLEB, and (2) completed coordination/consultation that is required by the
USFWS (per the directions on the respective USFWS office's website), that project
may proceed without PCN to either the USACE or the USFWS, provided all permit
conditions are met.
The NLEB SLOPES can be viewed on the USACE website at:
http://www.saw.usace.army.mil/Missions/Re ug latog-Permit-Pro r�pency-
Coordination/ESA/. Permittees who do not have internet access may contact the
USACE at [phone].
u. The Wilmington District, USFWS, NCDOT, and the FHWA have conducted
programmatic Section 7(a)(2) consultation for a number of federally listed species and

designated critical habitat (DCH), and programmatic consultation concerning other
federally listed species and/or DCH may occur in the future. The result of completed
programmatic consultation is a Programmatic Biological Opinion (PBO) issued by the
USFWS. These PBOs contain mandatory terms and conditions to implement the
reasonable and prudent measures that are associated with "incidental take" of whichever
species or critical habitat is covered by a specific PBO. Authorization under RGPs is
conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PBOs), which are incorporated
by reference in the RGPs. Failure to comply with the terms and conditions associated
with incidental take of an applicable PBO, where a take of the federally listed species
occurs, would constitute an unauthorized take by the Permittee, and would also constitute
Permittee non-compliance with the authorization under the RGPs. If the terms and
conditions of a specific PBO (or PBOs) apply to a project, the Corps will include
this/these requirements in any RGP verification that may be issued for a project. For an
activity/project that does not require a PCN, the terms and conditions of the applicable
PBO(s) also apply to that non -notifying activity/project. The USFWS is the appropriate
authority to determine compliance with the terms and conditions of its PBO and the ESA.
All PBOs can be found on our website at:
https://www.saw.usace.gM.mil/Missions/Re ug latoa-Permit-Pro rg am/Agency�
Coordination/ESA/.
v. If the Permittee discovers or observes any live, damaged, injured, or dead
individual of an endangered or threatened species during construction, the Permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
w. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood
elevations. This RGP does not authorize any activity prohibited by the National Flood
Insurance Program.
x. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the Permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
cgd5waterwaysguscg.mil.
y. The Permittee must maintain any structure or work authorized by this RGP in
good condition and in conformance with the terms and conditions of this RGP. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or
work. Transfer in fee simple of the work authorized by this RGP will automatically
transfer this RGP to the property's new owner, with all of the rights and responsibilities
enumerated herein. The Permittee must inform any subsequent owner of all activities

undertaken under the authority of this RGP and provide the subsequent owner with a
copy of the terms and conditions of this RGP.
z. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance
with 33 CFR 325 will be available.
aa. Except as authorized by this RGP or any Corps approved modification to this
RGP, all fill material placed in waters or wetlands shall be generated from an upland
source and will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials (including debris from land clearing activities), or unsightly
debris will not be used.
bb. Except as authorized by this RGP or any Corps approved modification to this
RGP, all excavated material will be disposed of in approved upland disposal areas.
cc. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this RGP, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
dd. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this RGP will remain authorized provided the
activity is completed within twelve months of the date of the RGP's expiration,
modification, or revocation. Activities completed under the authorization of this RGP
that were in effect at the time the activity was completed continue to be authorized by the
RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Ye . Bennett
Colonel, U.S. Army
District Commander

Table 1: List of Reservoirs subject to Special Condition "a"
Utility Company / Operator
Duke Energy
Brookfield Smoky Mtn. Hydropower
Belews Lake
Cheoah Reservoir
Bear Creek Reservoir
Lake Santeetlah
Blewett Falls Lake
Calderwood Reservoir*
Cedar Cliff Reservoir
Hyco Reservoir**
NC Power (Dominion)
Lake Glenville
Lake Gaston*
Lake Hickory
Roanoke Rapids Lake
Lake James
Lake Jocassee*
Northbrook Power
Lake Julian
Lake Ela
Lake Norman
Lake Emory
Lake Rhodhiss
Mission Lake
Lake Tillery
Lake Summit
Lake Wylie*
Lookout Shoals
Other (Municipal Owned / Operated)
Mountain Island Lake
Beetree Reservoir
Nantahala Lake
Burnett Reservoir
Queens Creek
Kings Mtn. Reservoir (Moss Lake)
Tanasee Creek Lake
Lake Adger
Tuckasegee Reservoir
Lake Lure
Waterville Lake
Lake Sequoyah
Wolf Creek Reservoir
Tennessee Valley Authority (TVA)
Alcoa Power Generating, Inc.
Apalachia Lake
Badin Lake
Chatuge Lake*
High Rock Lake
Fontana Lake
Tuckertown Reservoir
Hiwassee Lake
*This RGP is not applicable in portions located outside North Carolina.
"Person -Caswell Lake Authority (PCLA) implements the lake use permitting program
under the terms of PCLA's lease with Duke Energy