WQ0045390_Application (FTSE)_20240702

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
�QY FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources _ 2�24 FTA 10-23 & SUPPORTING DOCUMENTATION
Application Number: �&Q W43,201i, be completed bN DWRt Updated:
June 19t 2024
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
I . Applicant's name: Old North State Water Comoanv, Inc. (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ State)County ❑ Municipal ❑ Other
3. Signature authority's name: John McDonald per 15A NCAC 02T .0106(b)
Title: President
4. Applicant's mailing address: P.O. Box 10127
City: Birmingham State: AL Zip: 3.520?-_
5. Applicant's contact information:
Phone number: [phone] Email Address: imcdonaldAonswc.com
ll. PROJECT INFORMATION:
1. Project name: Mill Stone Creek
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit," Project ❑ ARPA funded
If a modification, provide the existing permit number: WQ00 and issued date:
For modifications, also attach a detailed narrative description as described in Item G of the checklist.
If new construction, but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: Wilson
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.7658 Longitude:-78.0340
5. Parcel ID (if applicable): 2783546361 & 783546361_(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
I . Professional Engineer: John F. Phillips, PE & Michael Schneider, PE License Number: 10130 (JP) 30856 (MS)
Firm: Diehl & Phillips, P.A. & Piedmont Land Desien, LLP
Mailing address: 1500 Piney Plains Road, Suite 200
City: C_y State: NC Zip: 27518-
Phone number: [phone] Email Address: ifohillipsObellsouth.net mikes Rpiedmontlanddesien.com
IV, WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: Hominy Creek Water Reclamation Facility Permit Number: NCO023906
Owner Name: City of Wilson
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
I. Permit Number(s): W00036910
2. Downstream (Receiving) Sewer Information: 8 inch 0 Gravity Force Main
3. System Wide Collection System Permit Number(s) (ifapplicable): WQCS00021
Owner Name(s): City of Wilson
FORM: FTA 10-23 Page l of 5

VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
®Yes ❑ No ❑ N/A
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached?
❑ Yes ❑ No ® N/A
3. If the Applicant is a Home/Property Owners' Association, has an HOA/POA Operational Agreement (FORM: HOA) and
supplementary documentation as required by 15A NCAC 02T.0115(c) been attached?
❑ Yes ❑ No ® N/A
4. Origin of wastewater: (check all that apply):
® Residential (Individually Owned) ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential (Leased) ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: 100 % Domestic % Commercial % Industrial (See 15A NCAC 02T .0103(20))
If Industrial, is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Has a flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ❑ No
➢ If Yes, provide a copy of flow reduction approval letter with this application
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow a,b
No. of Units
Flow
Residential 4 bedroom house
300 gal/house
304
91,200 GPD
Community swimming pool
10 gal/person
100
1,000 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
92,200 GPD
a See 15A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e. proposed unknown
non-residential development uses; public access facilities located near high public use areas; and residential property
located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G. S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 92,200 GPD (per 15A NCAC 02T .0114 and G. S. 143-215.1)
Y Do not include future flows or previously permitted allocations
If permitted flow is zero, please indicate why:
❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow.
❑ Flow has already been allocated in Permit Number: Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other (Explain):
FORM: FTA 10-23 Page 2 of 5

Vll. G RAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers):
I Summarize _gravity sewer to be permitted:
Size (inches) I Length (feet) I Material
1 8 1 9627 1 PVC
8 1 1732 1 Ductile Iron
10 1 290 1 PVC
Section 11 &. III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
e Section III contains information related to minimum slopes for gravity sewer(s)
Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC
Vill. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T.0305 & MDC (Pump Stations, Force Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
I . Pump station number or name: Mill Stone Creek Pump Station
2. Approximate Coordinates (Decimal Degrees): Latitude: 35.7658 Longitude:-78.0340
3. Total number of pumps at the pump station:
3. Design Flow of the pump station: 0.449 millions gallons per day (firm capacity)
This should reflect the total GPM for the pump station with the largest pump out of service.
4. Operational point(s) per pump(s): 312 gallons per minute (GPM) at 83 feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches)
Length (feet)
Material
6
64
Ductile Iron
8
4,764
PVC
If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per
MDCPSFM Section 2.0IC. I b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify)
6. Power reliability in accordance with 15A NCAC 02T ,0305(hK I k
® Standby power source or ❑ Standby pump
Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B);
{ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
Must be permanent to facility and may not be portable
Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C):
❑ Portable power source with manual activation, quick -connection receptacle and telemetry -
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry:
Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station.
If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided
as part of this permit application in the case of a multiple station power outage.
FORM: FTA 10-23 Page 3 of 5

IX. SETBACKS & SEPARATIONS (02B .0200 & 15A NCAC 02T.0305(f)):
1. Does the project comply with all separations, alternatives found in ISA NCAC 02T,0305(t) & f1 ? ® Yes [:]No
15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems:
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
18 inches
'Water mains (vertical - water over sewer preferred, including in benched trenches)
18 inches
'Water mains (horizontal)
10 feet
Reclaimed water lines (vertical - reclaimed over sewer)
18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
"Any private or public water supply source, including any wells, WS-I waters of Class I or
Class 11 impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
"Waters classified WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands associated with these waters (see item IX.2)
50 feet
"Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches, as well as wetlands associated with these waters or classified as WL.
10 feet
Any building foundation (horizontal)
5 feet
Any basement (horizontal)
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade (vertical)
36 inches
If noncompliance with 02T.0305(f) or (" see Section X.I of this application
* 15A NCAC 02T.0305W contains alternatives where separations in 02T.0305(f1 cannot be achieved. Please check "yes"
above if these alternatives are used and provide narrative information to explain.
"Stream classifications can be identified using the Division's NC Surface Water Classifications weboaae
2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ N A
.- If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document,
signed sealed by an NC licensed PE, verifying the criteria outlined in that Rule.
3. Does the project comply with separation requirements for wetlands? ® Yes ❑ No ❑ N A
Please provide supplementary information identifying the areas of non-conformance.
See the Division's draft separation requirements for situations where separation cannot be met.
No variance is required if the alternative design criteria specified is utilized in design and construction.
4. is the project located in a river basin subject to any State buffer rules? ® Yes Basin name: Neuse ❑ No
If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No
fl� This includes Trout Buffered Streams per 15A NCAC 213.0202
5. Does the project require coverage authorization under a 404 Nationwide individual permits ® Yes ❑ No
or 401 Water Quality Certifications?
.- Please provide the permit number permitting status in the cover letter if coverage authorization is required.
6. Does project comply with 15A NCAC 02T.0105(cX6) (additional permits certifications)? ® Yes [—]No
Per 15A NCAC 02T.0105(cX6, directly related environmental permits or certification applications must be being prepared,
have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion
and sedimentation control plans, stormwater management plans, etc.).
7. Does this project include any sewer collection lines that are deemed "high -priority?" [—]Yes ® No
Per 15A NCAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters,
siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interference/conflict boxes require a variance approval.
If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and
inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit.
FORM: FTA 10-23 Page 4 of 5

X. CERTIFICATIONS:
1. Does the submitted system comply with 15A \C:1C 021', the \1i11inupn Design Criteria for the E'erntiuink_ol F'utttiptations
_JQrrcCq Alains J latest \ ersioil, and the Grariq Sewer Minimum Design Criteria (latest%ersiun] as applicable?
® Yes ❑ No
If no, for projects requiring a single variance, complete and submit the Variance.'Altemative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued
concurrently with the approval of the hermit, and Protects reguirine a variance approval may be subject to longer
review times. For rooects reguiring two or more variances or where the variance is determined by the Division to be a
si nificant Portion of the vroject, the full technical review is re uired.
2. Professional Engineer's Certification:
1, John F. Philfips, PE , attest that this application for Moll Stone Creek- -_
(Professional Engineer's name from Application Item Ili I .) (project Name from Application Item 11 1)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans,
specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum Design Criteria for Gta+ice Sesters lateersi, and the linintutn Design Crueria fpr the East- frack i'crmittin
of Punip Stations aft force -Mains {latest vcrsion . Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE -- In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application
information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject
the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701)
North Carolina Professional Engineer's seal, signature, and date: I ��,``v 4yCARX0,
1010 '
3. Applicant's Certification per 15A NCAC 02T .0106(b):
1, _ lnhn McDnnald attest that this application for Mill Stun rF�pk
(Signature Authority Name from Application Item 13 ) (Proiert Name from Application Item 11 1)
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments are not included, this application package is subject to being returned as incomplete. I understand that any
discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement
action that may include civil penalties, injunctive relief, andlor criminal prosecution. I will make no claim against the Division
of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application
package are not completed and that if all required supporting information and attachments are not included, this application
package will be returned to me as incomplete.
NOTE — In accordance with General Statutes 14 .21.i.6_' and 14,1-215-611, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: Date:
FORM: FTA 10-23 Page 5 of 5

X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria r the PcEfflitting of Pump Stations
and Force Mains_(latest version), and the Gravit,}LSewer Minimum Design Criteria (latest version.1 as applicable?
® Yes ❑ No
if no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office. Approval of the reguest will be issued
concurrently with the approval of the permit and prooects reauiring a variance approval may be subiect to loneer
review times For projects requiring two or more variances or wh re the variance is determined by the Division to be a
significant portion of the proiect the full technical review is required.
2. Professional Engineer's Certification:
1 , attest that this application for Mill Stone Creek
(Professional Engineer's name from Application Stem [1[ 1 ) (Project Name from Apphcauon Item I I )
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans,
specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum L)esign Criteriaf r Gravily Sewer5latest version), and the Minimum Design Criteria for the Fast -Track Permitting
f Pump t ti nand Force Mains(latest v rsi n . Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application
information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject
the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC $b 0701)
North Carolina Professional Engineer's seal, signature, and date: INtN CAPO ��.
SEAL r "
030856 ,
llS . z
23
Applicant's Certification per er 15A NCAC 02T .0106(b):
I, lohn McDonald , attest that this application for Mill Stone Creek
(Signaoire Authority blame from Application Item 1.3.) (Project Name from Application Item ILL)
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge.
l understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments are not 'included, this application package is subject to being returned as incomplete. I understand that any
discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement
action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division
of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application
package are not completed and that if all required supporting information and attachments are not included, this application
package will be returned to me as incomplete.
NOTE — In accordance with General Statutes 14� and 14�, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: Date: L'
FORM: FTA 10-23 Page 5 of 5

State of North Carolina
Department of Environmental Quality
Division of Water Resources
Mvkhm a„ aVaw Flow Trashing for Server Extension Applications
(FTSE 10-23)
Entity Requesting Allocation: Old North State Water Company, Inc.
Project Name for which flow is being requested: Mill Stone Creels
More tlrarr one FTSE may he regrsrred far a single projeet if the owner of lire WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Hominy Creek Water Reclamation Facility
b. WWTP Facility Permit #: NCO023906
All flows are in MGD
c. WWTP facility's permitted flow 14.0
d. Estimated obligated flow not yet tributary to the WWTP 0.5679
e. WWTP facility's actual avg. flow 7.95
f. Total flow for this specific request 0.0922
g. Total actual and obligated flows to the facility 8.610
h. Percent of permitted flow used 61.50%
II. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A)
(B)
(C)
(D)=(B+C)
(F)=(A-D)
Design
Average
Approx.
Obligated,
Total
Pump
Daily
Current
Not Yet
Current Flow
Pump Station
Station
Firm
Flory**
Avg. Daily
Tributary
Plus
(Name or
Permit
Capacity, *
(Firm / p f),
Flow,
Daily Flow,
Obligated
Available
Number)
No.
MGD
MGD
MGD
MGD
Flow
Capacity***
Sims
0.576
0.2304
0.03822
0.1005
0.1387
0.0917
1-95
0.360
0.144
0.07259
0.1005
0.1731
-0.0291
Finch's
0.504
0.2016
0.09477
0.1005
0.1953
0.0063
Contentnea
4.320
1.728
1.06273
0.23608
1.2988
0.4292
* The Firur Capacity (design flow) of any pump station is defined as the maximum pumped flow that can be
achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firer capacity of the pump station divided by a peaking factor (pf) not
less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located between the
project connection point and the WWTP where the Available Capacity is < o.
Downstream Facility Name (Sewer): City of Wilson
Page 1 of 7
FTSE 10-23

Wvki€ n is �at�°'Ede°ryas sir'
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking for Sewer Extension Applications
(FTSE 10-23)
Entity Requesting Allocation: Old North State Water Company, Inc.
Project Name for which flow is being requested: Mill Stone Creek
Mare than one FTSE may be required fora single project if the owner of the IYIYTP is not respmnsible for all prrnip
stations along the route of the proposed wastewater flow.
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Hominy Creek Water Reclamation. Facility
b. WWTP Facility Permit #: NCO023906
All flows are in MGD
c. WWTP facility's permitted flow 14.0
d. Estimated obligated flow not yet tributary to the WWTP 0.5679
e. WWTP facility's actual avg. flow 795
f. Total flow for this specific request 0.0922
g. Total actual and obligated flows to the facility 8.610
h. Percent of permitted flow used 61.50%
II. Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A)
(B)
(C)
(D)=(B+C)
(E)=(A-D)
Design
Obligated,
Pump
Pump
Average
Approx.
Not Yet
Total Current
Station
Station
Firm
Daily Flow**
Current
Tributary
Flow Plus
(Name or
Permit
Capacity, *
(Firm i p f),
Avg. Daily
Daily Flow,
Obligated
Available
Number)
No.
MGD
MGD
Flow, MGD
MGD
Flow
Capacity***
Southside
6.264
2.5056
1.85776
0.23608
2.0938
0AI18
* The Firm Capacity (design flow) of any pinup station is defined as the maximum pumped flow that can be
achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not
less than 2.5, pet, Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum shall be attached for each pump station located between the
pu-oject connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): City of Wilson
Downstream Permit Number: WQCS00021
,H� �.
Q'I act � FTSE 10-23

III, Certification Statement:
I Kyle F. Manning, PE certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving
wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances, given the implementation of the planned improvements
identified in the planning assessment where applicable. This analysis has been performed in accordance
with local established policies and procedures using the best available data. This certification applies to
those items listed above in Sections I and II plus all attached planning assessment addendums for which I
am the responsible party. Signature of this form certifies that the receiving collection system or treatment
works has adequate capacity to transport and treat the proposed new wastewater,
Official Signature
.NS,K'. 01�- Q"w'
Title of Signing Official
0l�*s / ( i l I v
C
4i Ia/a(-)
Date
Page 2-uf-6 �
RA 3R-7
FTSE 10-23

PLANNING ASSESSMENT ADDENDUM (PAA)
Submit a planning assessment addendum for each pump station listed in Section 11 where Available Capacity is < 0.
Pump Station (Name or Number):
Given that:
a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for
69% % and 0.1005 MGD of the Available Capacity (E) in Pump Station
I-95 Pump Station ; and that
b. The rate of activation of this obligated, not yet tributary capacity is currently approximately
0.033 MGD per year; and that
c. A funded Capital Project that will provide the required planned capacity, namely
1-95 Regional Pump Station Upgrades is in design or under construction with
planned completion in FY26/27 ; and/or
d. The following applies:
Rate of activation is assuming 75 homes receive their CO per year beginning in year 2025.
Option 1: In contract negotiation with the town of Bailey to receive their sewer
downstream of all three regional I-95 Pump Stations (Sims,1-95, and Finch's). Currently
negotiatiing contract, Plan is to upsize their forcemain to manifold in with the
forcemain from the Mill Stone Creek development. If negotiations fail then Option 2.
Option 2: Upgrade existing pump stations when they near 80% average daily flow of
existing capacity. Currently anticipated to be in January 2027.
Therefore:
Given reasonably expected conditions and planning information, there is sufficient justification to allow
this flow to be permitted, without a significant likelihood of over -allocating capacity in the system
infrastructure.
1 understand that this does not relieve the collection system owner from complying with G.S. 143-
215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal
system.
Signature
Date
Page 4 of 7
FTSE 10-23

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00467 County: Wilson L S.G.S. Quad: NC-Bailev
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
F & B Development Company,
LLC
Grey Berry
Address:
516 N East Street
Raleigh, NC 27604
MAY 7 2024
Telephone Number:
[phone]
E-mail:
greynfutrellproperty.com
7
181t;iyjl1 COi al0 FiCC
Size (acres)
115048
Nearest Town Sims
Nearest Waterway
Bloomery Swamp
River Basin Neuse
USGS HUC
03020203
Coordinates Latitude: 35.7627
Longitude:-78.0358
Location description: The project area is known as Mill Stone Creek Subdivision and is located at 588- Alternate US-264 in
Sims, Wilson County,
North Carolina. PIN #: 2783-54-6361.
Description of projects area and activity: This verification authorizes the filling of 0,01 acres of wetlands associate with a road
crossing within the above -described protect area.
Applicable Law(s): ❑Section 404 (Clean Water Act, 33 USC 1344)
❑Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 29 for Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 3/2812023, and the enclosed plans Mill Stone Creek Figures ONI I — IN] 3) dated
3/10/2023. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and, or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and or regional general
permit authorization is reissued and or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and -or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals -perm its. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact MIN, V1. Standridge at t91012514595or Billy.w.standridge a(�usace.army.mil.
Corps Regulatory Official: I- liff" W. Date: 05/23/2023
Expiration Date of Verification: 3/14/2026

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so. please complete the Customer Satisfaction Survey located at
https:l'regulatory.ops.usace.army.mi l/customer-service-survey'
Copy furnished:
Agent:
Soil & Environmental Consultants PA
Kevin C. Martin
Address:
8412 Falls of Neuse Road
Raleigh, NC 27615
Telephone Number:
[phone]
E-mail:
kmartinnsandec.com

Action ID Number: SAW-2020-00467 County: Wilson
Permittee: F & B Development Company, LLC, Grey Berry
Project Name: Mill Stone Creek Subdivision
Date Verification Issued: 05/23/2023
USACE Project Manager: Billy W. Standridge
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Billy W. Standridge
Washington Regulatory Office
U.S Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
or
Billy.w.standridgeiiv'usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class 1
administrative penalty, or initiating other appropriate legal action.
1 hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

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a,

DIEHL & PHILLIPS, P.A.
CONSI I I ING I NUNI I RS Wll l [AM C. Dil HI. P 1
1500 fine% Plains Rd.. Suite 200 .101IN I PI III l IPS. 1).1
Can. North Carolina 27518 Al AN R KI I 1 l I. P I .
I elephone (919) d67-9972 lay (919) a67-5327
Raleigh Regional Office
Water Quality Section
3800 Barrett Drive
Raleigh, NC 27609
May 7, 2024
NCP-tep,vs Qaali y
MAY 7 2024
�^
Regnc nal Office
Re: Fast Track Sewer System Application
Mill Stone Creek
County of Wilson
Dear Reviewer:
Please find enclosed the following:
A. One original and one copy of the completed application FTA 10-23
B. Application Fee check in the amount of $600
C. Copy of most recent Business Corporation Annual Report for Old North State
Water Company, Inc. that was filed with the NC Secretary of State's office
D. Flow Tracking/Acceptance Form FTSE 10-23, prepared by the City of Wilson staff
E. USGS map of the project area
F. Street map of the project area
G. Copy of Wetlands Permit — Action ID SAW-2020-00467 for Nationwide Permit 29
The proposed wastewater collection system and pump station will serve 304 planned
residential lots. The City of Wilson has agreed to accept 145,920 gallons per day of
wastewater from these residential lots. Mill Stone Creek will be located outside of the
City's current utility service area, so Old North State Water Co., Inc. will own and
operate the wastewater collection and pumping systems. ONSWC will also own and
operate the potable water wells and distribution system that will serve the lots.
On behalf of ONSWC and the developer, we are requesting permitting of the proposed
wastewater system. Please advise if you require any additional information to process
this application.

RRO — Water Quality Section
May 7, 2024
Page 2 of 2
Thank you for your help in this matter.
Yours very truly,
Diehl & Phillips, P.A.
John F. Phillips, P.E.
Cc: Mr. John McDonald, ONSWC
Ms. Erica Cochran, ONSWC
Mr. Michael Schneider, PE — PLD
Mr. Grey Berry, F&B Development Co., LLC

. ' - ' 4 ' '
nl'�,BUSINESS CORPORATION ANNUAL REPORT MAY i 2024 0
116Q022
NAME OF BUSINESS CORPORATION: Old North State Water Company, Inc. :fit it
SECRETARY OF STATE ID NUMBER: 1225035 STATE OF FORMATION: NC
REPORT FOR THE FISCAL YEAR END: 12/31 /2023
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Paracom Incorporated
2. SIGNATURE OF THE NEW REGISTERED AGENT:
1`11mg Ofte Use Only
E - Filed Annual Report
1225035
CA202410310059
4/12/2024 02 32
® Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
176 Mine Lake Ct #100
Raleigh, NC 27615 Wake County
SECTION B: PRINCIPAL OFFICE INFORMATION
176 Mine Lake Ct #100
Raleigh, NC 27615
1. DESCRIPTION OF NATURE OF BUSINESS: Acquiring water and sewer utility franchises
2. PRINCIPAL OFFICE PHONE NUMBER: (877) 511_2911 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS
3212 6th Avenue S, Suite 200 3212 6th Avenue S, Suite 200
Birmingham, AL 35222 Birmingham, AL 35222
S. Select one of the following if applicable, (Optional see Instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: OFFICERS (Enter additional officers in Section E.)
NAME: John McDonald NAME:
TITLE: President
ADDRESS: 3212 6th Avenue S
Suite 200
Birmingham, AL 35222
riif4mg
ADDRESS:
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business
en John McDonald 4/12/2024
SIGNATURE
Form must be signed by an officer listed under Section C of this form.
John McDonald
President
Print or Type Name of Officer Print or Type Tale of Officer
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525 Raleigh, NC 2762"525
DATE

Nationwide Permit 29
Residential Developments
Effective Date: March 15, 2021 / Expiration Date: March 15, 2026
Authorities: Sections 10 and 404
Discharges of dredged or fill material into non -tidal waters of the United States for the
construction or expansion of a single residence, a multiple unit residential development,
or a residential subdivision. This NWP authorizes the construction of building
foundations and building pads and attendant features that are necessary for the use of
the residence or residential development. Attendant features may include but are not
limited to roads, parking lots, garages, yards, utility lines, storm water management
facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and
golf courses (provided the golf course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of
the United States. This NWP does not authorize discharges of dredged or fill material
into non -tidal wetlands adjacent to tidal waters.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United
States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters
of the United States associated with development of individual subdivision lots.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 32.) (Authorities:
Sections 10 and 404)
GENERAL CONDITIONS
Note: To qualify for NWP authorization, the prospective permittee must comply with the
following general conditions, as applicable, in addition to any regional or case -specific
conditions imposed by the division engineer or district engineer. Prospective permittees
should contact the appropriate Corps district office to determine if regional conditions
have been imposed on an NWP. Prospective permittees should also contact the
appropriate Corps district office to determine the status of Clean Water Act Section 401
water quality certification and/or Coastal Zone Management Act consistency for an
NWP. Every person who may wish to obtain permit authorization under one or more
NWPs, or who is currently relying on an existing or prior permit authorization under one
or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1
through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating
to the modification, suspension, or revocation of any NWP authorization.
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.

(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense
on authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
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 or 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 United States. No claim shall be made against
the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including
those species that normally migrate through the area, unless the activity's primary
purpose is to impound water. All permanent and temporary crossings of waterbodies
shall be suitably culverted, bridged, or otherwise designed and constructed to maintain
low flows to sustain the movement of those aquatic species. If a bottomless culvert
cannot be used, then the crossing should be designed and constructed to minimize
adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., through excavation, fill, or downstream smothering by substantial
turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve
as breeding areas for migratory birds must be avoided to the maximum extent
practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by
NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by
N WP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from
toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water
supply intake, except where the activity is for the repair or improvement of public water
supply intake structures or adjacent bank stabilization.

8. Adverse Effects From Impoundments. If the activity creates an impoundment of
water, adverse effects to the aquatic system due to accelerating the passage of water,
and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -
construction course, condition, capacity, and location of open waters must be
maintained for each activity, including stream channelization, storm water management
activities, and temporary and permanent road crossings, except as provided below. The
activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of
the activity is to impound water or manage high flows. The activity may alter the pre -
construction course, condition, capacity, and location of open waters if it benefits the
aquatic environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable
FEMA-approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below the ordinary
high water mark or high tide line, must be permanently stabilized at the earliest
practicable date. Permittees are encouraged to perform work within waters of the United
States during periods of low -flow or no -flow, or during low tides.
13. Removal of Temporary Structures and Fills. Temporary structures must be
removed, to the maximum extent practicable, after their use has been discontinued.
Temporary fills must be removed in their entirety and the affected areas returned to pre -
construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP
general conditions, as well as any activity -specific conditions added by the district
engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete project.
The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the
National Wild and Scenic River 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 River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic
River 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, the
permittee must submit a pre -construction notification (see general condition 32). The
district engineer will coordinate the PCN with the Federal agency with direct
management responsibility for that river. Permittees shall not begin the NWP activity
until notified by the district engineer that the Federal agency with direct management
responsibility for that river has determined in writing that the proposed NWP activity will
not adversely affect the Wild and Scenic River designation or study status.
(c) 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, Bureau of Land
Management, U.S. Fish and Wildlife Service). Information on these rivers is also
available at: http-//www.rivers.gov/.
17. Tribal Rights. No activity or its operation may impair reserved tribal rights,
including, but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered
species 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 designated critical habitat or critical habitat proposed for such designation. No
activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless ESA section 7 consultation addressing the consequences of the
proposed activity on listed species or critical habitat has been completed. See 50 CFR
402.02 for the definition of "effects of the action" for the purposes of ESA section 7
consultation, as well as 50 CFR 402.17, which provides further explanation under ESA
section 7 regarding "activities that are reasonably certain to occur" and "consequences
caused by the proposed action."
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre -construction notification is
required for the proposed activity, the Federal permittee must provide the district
engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has
been submitted. If the appropriate documentation has not been submitted, additional
ESA section 7 consultation may be necessary for the activity and the respective federal
agency would be responsible for fulfilling its obligation under section 7 of the ESA.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if any listed species (or species proposed for listing) or designated critical
4

habitat (or critical habitat proposed such designation) might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat or critical
habitat proposed for such designation, and shall not begin work on the activity until
notified by the district engineer that the requirements of the ESA have been satisfied
and that the activity is authorized. For activities that might affect Federally -listed
endangered or threatened species (or species proposed for listing) or designated critical
habitat (or critical habitat proposed for such designation), the pre -construction
notification must include the name(s) of the endangered or threatened species (or
species proposed for listing) that might be affected by the proposed activity or that
utilize the designated critical habitat (or critical habitat proposed for such designation)
that might be affected by the proposed activity. The district engineer will determine
whether the proposed activity "may affect" or will have "no effect" to listed species and
designated critical habitat and will notify the non -Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre -construction notification. For
activities where the non -Federal applicant has identified listed species (or species
proposed for listing) or designated critical habitat (or critical habitat proposed for such
designation) that might be affected or is in the vicinity of the activity, and has so notified
the Corps, the applicant shall not begin work until the Corps has provided notification
that the proposed activity will have "no effect" on listed species (or species proposed for
listing or designated critical habitat (or critical habitat proposed for such designation), or
until ESA section 7 consultation or conference has been completed. If the non -Federal
applicant has not heard back from the Corps within 45 days, the applicant must still wait
for notification from the Corps.
(d) As a result of formal or informal consultation or conference with the FWS or NMFS
the district engineer may add species -specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any
person subject to the jurisdiction of the United States to take a listed species, where
"take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,
or to attempt to engage in any such conduct. The word "harm" in the definition of "take"
means an act which actually kills or injures wildlife. Such an act may include significant
habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding or
sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit
with an approved Habitat Conservation Plan for a project or a group of projects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of
that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this
general condition. The district engineer will coordinate with the agency that issued the
ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and
the associated incidental take were considered in the internal ESA section 7

consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination
results in concurrence from the agency that the proposed NWP activity and the
associated incidental take were considered in the internal ESA section 7 consultation for
the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a
separate ESA section 7 consultation for the proposed NWP activity. The district
engineer will notify the non-federal applicant within 45 days of receipt of a complete pre -
construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide web pages at http-//www.fws.gov/ or http-//www.fws.gov/ipac and
http-//www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty
Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for
contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine
what measures, if any, are necessary or appropriate to reduce adverse effects to
migratory birds or eagles, including whether "incidental take" permits are necessary and
available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act
for a particular activity.
20. Historic Properties. (a) No activity is authorized under any NWP which may have
the potential to cause effects to properties listed, or eligible for listing, in the National
Register of Historic Places until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act (see 33 CFR
330.4(g)(1)). If pre -construction notification is required for the proposed NWP activity,
the Federal permittee must provide the district engineer with the appropriate
documentation to demonstrate compliance with those requirements. The district
engineer will verify that the appropriate documentation has been submitted. If the
appropriate documentation is not submitted, then additional consultation under section
106 may be necessary. The respective federal agency is responsible for fulfilling its
obligation to comply with section 106.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for
listing on the National Register of Historic Places, including previously unidentified
properties. For such activities, the pre -construction notification must state which historic
properties might have the potential to be affected by the proposed NWP activity or
include a vicinity map indicating the location of the historic properties or the potential for
the presence of historic properties. Assistance regarding information on the location of,

or potential for, the presence of historic properties can be sought from the State Historic
Preservation Officer, Tribal Historic Preservation Officer, or designated tribal
representative, as appropriate, and the National Register of Historic Places (see 33
CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will
comply with the current procedures for addressing the requirements of section 106 of
the National Historic Preservation Act. The district engineer shall make a reasonable
and good faith effort to carry out appropriate identification efforts commensurate with
potential impacts, which may include background research, consultation, oral history
interviews, sample field investigation, and/or field survey. Based on the information
submitted in the PCN and these identification efforts, the district engineer shall
determine whether the proposed NWP activity has the potential to cause effects on the
historic properties. Section 106 consultation is not required when the district engineer
determines that the activity does not have the potential to cause effects on historic
properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district
engineer determines that the activity has the potential to cause effects on historic
properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes of section 106 of the NHPA: no historic properties
affected, no adverse effect, or adverse effect.
(d) Where the non -Federal applicant has identified historic properties on which the
proposed NWP activity might have the potential to cause effects and has so notified the
Corps, the non -Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects to historic properties or
that NHPA section 106 consultation has been completed. For non-federal permittees,
the district engineer will notify the prospective permittee within 45 days of receipt of a
complete pre -construction notification whether NHPA section 106 consultation is
required. If NHPA section 106 consultation is required, the district engineer will notify
the non -Federal applicant that he or she cannot begin the activity until section 106
consultation is completed. If the non -Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective perm ittees should be aware that section 110k of the NHPA (54 U.S.C.
306113) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or
having legal power to prevent it, allowed such significant adverse effect to occur, unless
the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP),
determines that circumstances justify granting such assistance despite the adverse
effect created or permitted by the applicant. If circumstances justify granting the
assistance, the Corps is required to notify the ACHP and provide documentation
specifying the circumstances, the degree of damage to the integrity of any historic
properties affected, and proposed mitigation. This documentation must include any
views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties

of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. Permittees that
discover any previously unknown historic, cultural or archeological remains and artifacts
while accomplishing the activity authorized by an NWP, they must immediately notify
the district engineer of what they 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 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.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public
comment, additional waters officially designated by a state as having particular
environmental or ecological significance, such as outstanding national resource waters
or state natural heritage sites. The district engineer may also designate additional
critical resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52,
57 and 58 for any activity within, or directly affecting, critical resource waters, including
wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54,
notification is required in accordance with general condition 32, for any activity proposed
by permittees in the designated critical resource waters including wetlands adjacent to
those waters. The district engineer may authorize activities under these NWPs only
after she or he determines that the impacts to the critical resource waters will be no
more than minimal.
23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that the
individual and cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum
extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating
for resource losses) will be required to the extent necessary to ensure that the individual
and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all
wetland losses that exceed 1/10-acre and require pre -construction notification, unless

the district engineer determines in writing that either some other form of mitigation
would be more environmentally appropriate or the adverse environmental effects of the
proposed activity are no more than minimal, and provides an activity -specific waiver of
this requirement. For wetland losses of 1/10-acre or less that require pre -construction
notification, the district engineer may determine on a case -by -case basis that
compensatory mitigation is required to ensure that the activity results in only minimal
adverse environmental effects.
(d) Compensatory mitigation at a minimum one -for -one ratio will be required for all
losses of stream bed that exceed 3/100-acre and require pre -construction notification,
unless the district engineer determines in writing that either some other form of
mitigation would be more environmentally appropriate or the adverse environmental
effects of the proposed activity are no more than minimal, and provides an activity -
specific waiver of this requirement. This compensatory mitigation requirement may be
satisfied through the restoration or enhancement of riparian areas next to streams in
accordance with paragraph (e) of this general condition. For losses of stream bed of
3/100-acre or less that require pre -construction notification, the district engineer may
determine on a case -by -case basis that compensatory mitigation is required to ensure
that the activity results in only minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream
rehabilitation, enhancement, or preservation, since streams are difficult -to -replace
resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open
waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next
to open waters. In some cases, the restoration or maintenance/protection of riparian
areas may be the only compensatory mitigation required. If restoring riparian areas
involves planting vegetation, only native species should be planted. The width of the
required riparian area will address documented water quality or aquatic habitat loss
concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake
or coastal waters, then restoring or maintaining/protecting a riparian area along a single
bank or shoreline may be sufficient. Where both wetlands and open waters exist on the
project site, the district engineer will determine the appropriate compensatory mitigation
(e.g., riparian areas and/or wetlands compensation) based on what is best for the
aquatic environment on a watershed basis. In cases where riparian areas are
determined to be the most appropriate form of minimization or compensatory mitigation,
the district engineer may waive or reduce the requirement to provide wetland
compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must
comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity
results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or
in -lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate
number and type of mitigation bank or in -lieu credits are not available at the time the
PCN is submitted to the district engineer, the district engineer may approve the use of
permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be
sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33
CFR 332.3(f).)
(3) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, aquatic resource restoration should be the first compensatory
mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee
is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan
may be used by the district engineer to make the decision on the NWP verification
request, but a final mitigation plan that addresses the applicable requirements of 33
CFR 332.4(c)(2) through (14) must be approved by the district engineer before the
permittee begins work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not
necessary to ensure timely completion of the required compensatory mitigation (see 33
CFR 332.3(k)(3)). If permittee-responsible mitigation is the proposed option, and the
proposed compensatory mitigation site is located on land in which another federal
agency holds an easement, the district engineer will coordinate with that federal agency
to determine if proposed compensatory mitigation project is compatible with the terms of
the easement.
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan needs to address only the baseline conditions at the impact site and the
number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)).
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-
acre, it cannot be used to authorize any NWP activity resulting in the loss of greater
than 1/2-acre of waters of the United States, even if compensatory mitigation is
T

provided that replaces or restores some of the lost waters. However, compensatory
mitigation can and should be used, as necessary, to ensure that an NWP activity
already meeting the established acreage limits also satisfies the no more than minimal
impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal,
the permittee must consider appropriate and practicable options consistent with the
framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine
resources, permittee-responsible mitigation may be environmentally preferable if there
are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee-responsible
mitigation, the special conditions of the NWP verification must clearly indicate the party
or parties responsible for the implementation and performance of the compensatory
mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently
adversely affected by a regulated activity, such as discharges of dredged or fill material
into waters of the United States that will convert a forested or scrub -shrub wetland to a
herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may
be required to reduce the adverse environmental effects of the activity to the no more
than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non -Federal applicants to
demonstrate that the structures comply with established state or federal, dam safety
criteria or have been designed by qualified persons. The district engineer may also
require documentation that the design has been independently reviewed by similarly
qualified persons, and appropriate modifications made to ensure safety.
25. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as
appropriate) has not previously certified compliance of an NWP with CWA section 401,
a CWA section 401 water quality certification for the proposed discharge must be
obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the
conditions of a water quality certification previously issued by certifying authority for the
issuance of the NWP, then the permittee must obtain a water quality certification or
waiver for the proposed discharge in order for the activity to be authorized by an NWP.
(b) If the NWP activity requires pre -construction notification and the certifying authority
has not previously certified compliance of an NWP with CWA section 401, the proposed
discharge is not authorized by an NWP until water quality certification is obtained or
waived. If the certifying authority issues a water quality certification for the proposed
discharge, the permittee must submit a copy of the certification to the district engineer.
The discharge is not authorized by an NWP until the district engineer has notified the
permittee that the water quality certification requirement has been satisfied by the
issuance of a water quality certification or a waiver.
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(c) The district engineer or certifying authority may require additional water quality
management measures to ensure that the authorized activity does not result in more
than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state
coastal zone management consistency concurrence must be obtained, or a
presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot
comply with all of the conditions of a coastal zone management consistency
concurrence previously issued by the state, then the permittee must obtain an individual
coastal zone management consistency concurrence or presumption of concurrence in
order for the activity to be authorized by an NWP. The district engineer or a state may
require additional measures to ensure that the authorized activity is consistent with state
coastal zone management requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any
regional conditions that may have been added by the Division Engineer (see 33 CFR
330.4(e)) and with any case specific conditions added by the Corps or by the state,
Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the
state in its Coastal Zone Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single
and complete project is authorized, subject to the following restrictions:
(a) If only one of the NWPs used to authorize the single and complete project has a
specified acreage limit, the acreage loss of waters of the United States cannot exceed
the acreage limit of the NWP with the highest specified acreage limit. For example, if a
road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the United
States for the total project cannot exceed O-acre.
(b) If one or more of the NWPs used to authorize the single and complete project has
specified acreage limits, the acreage loss of waters of the United States authorized by
those NWPs cannot exceed their respective specified acreage limits. For example, if a
commercial development is constructed under NWP 39, and the single and complete
project includes the filling of an upland ditch authorized by NWP 46, the maximum
acreage loss of waters of the United States for the commercial development under
NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States
due to the NWP 39 and 46 activities cannot exceed 1 acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the
nationwide permit verification to the new owner by submitting a letter to the appropriate
Corps district office to validate the transfer. A copy of the nationwide permit verification
IM

must be attached to the letter, and the letter must contain the following statement and
signature:
"When the structures or work authorized by this nationwide permit are still in existence
at the time the property is transferred, the terms and conditions of this nationwide
permit, including any special conditions, will continue to be binding on the new owner(s)
of the property. To validate the transfer of this nationwide permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee
sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter
from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee-responsible mitigation, including the achievement of
ecological performance standards, will be addressed separately by the district engineer.
The Corps will provide the permittee the certification document with the NWP
verification letter. The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or
in -lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(I)(3) to confirm
that the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and mitigation.
The completed certification document must be submitted to the district engineer within
30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP
activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps
of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the
prospective permittee must submit a pre -construction notification. See paragraph
13

(b)(10) of general condition 32. An activity that requires section 408 permission and/or
review is not authorized by an NWP until the appropriate Corps office issues the section
408 permission or completes its review to alter, occupy, or use the USACE project, and
the district engineer issues a written NWP verification.
32. Pre -Construction Notification. (a) Timing. Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting a pre -
construction notification (PCN) as early as possible. The district engineer must
determine if the PCN is complete within 30 calendar days of the date of receipt and, if
the PCN is determined to be incomplete, notify the prospective permittee within that 30
day period to request the additional information necessary to make the PCN complete.
The request must specify the information needed to make the PCN complete. As a
general rule, district engineers will request additional information necessary to make the
PCN complete only once. However, if the prospective permittee does not provide all of
the requested information, then the district engineer will notify the prospective permittee
that the PCN is still incomplete and the PCN review process will not commence until all
of the requested information has been received by the district engineer. The prospective
permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer;
or
(2) 45 calendar days have passed from the district engineer's receipt of the complete
PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the
vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the
activity might have the potential to cause effects to historic properties, the permittee
cannot begin the activity until receiving written notification from the Corps that there is
"no effect" on listed species or "no potential to cause effects" on historic properties, or
that any consultation required under Section 7 of the Endangered Species Act (see 33
CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR
330.4(g)) has been completed. If the proposed activity requires a written waiver to
exceed specified limits of an NWP, the permittee may not begin the activity until the
district engineer issues the waiver. If the district or division engineer notifies the
permittee in writing that an individual permit is required within 45 calendar days of
receipt of a complete PCN, the permittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the permittee's right to proceed under the
NWP may be modified, suspended, or revoked only in accordance with the procedure
set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
14

(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to
authorize the proposed activity;
(4) (i) A description of the proposed activity; the activity's purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated
amount of loss of wetlands, other special aquatic sites, and other waters expected to
result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a
description of any proposed mitigation measures intended to reduce the adverse
environmental effects caused by the proposed activity; and any other NWP(s), regional
general permit(s), or individual permit(s) used or intended to be used to authorize any
part of the proposed project or any related activity, including other separate and distant
crossings for linear projects that require Department of the Army authorization but do
not require pre -construction notification. The description of the proposed activity and
any proposed mitigation measures should be sufficiently detailed to allow the district
engineer to determine that the adverse environmental effects of the activity will be no
more than minimal and to determine the need for compensatory mitigation or other
mitigation measures.
(ii) For linear projects where one or more single and complete crossings require pre -
construction notification, the PCN must include the quantity of anticipated losses of
wetlands, other special aquatic sites, and other waters for each single and complete
crossing of those wetlands, other special aquatic sites, and other waters (including
those single and complete crossings authorized by an NWP but do not require PCNs).
This information will be used by the district engineer to evaluate the cumulative adverse
environmental effects of the proposed linear project, and does not change those non-
PCN NWP activities into NWP PCNs.
(iii) Sketches should be provided when necessary to show that the activity complies
with the terms of the NWP. (Sketches usually clarify the activity and when provided
results in a quicker decision. Sketches should contain sufficient detail to provide an
illustrative description of the proposed activity (e.g., a conceptual plan), but do not need
to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and
other waters, such as lakes and ponds, and perennial and intermittent streams, on the
project site. Wetland delineations must be prepared in accordance with the current
method required by the Corps. The permittee may ask the Corps to delineate the
special aquatic sites and other waters on the project site, but there may be a delay if the
Corps does the delineation, especially if the project site is large or contains many
wetlands, other special aquatic sites, and other waters. Furthermore, the 45-day period
will not start until the delineation has been submitted to or completed by the Corps, as
appropriate;
15

(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands or
3/100-acre of stream bed and a PCN is required, the prospective permittee must submit
a statement describing how the mitigation requirement will be satisfied, or explaining
why the adverse environmental effects are no more than minimal and why
compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(7) For non-federal permittees, if any listed species (or species proposed for listing) or
designated critical habitat (or critical habitat proposed for such designation) might be
affected or is in the vicinity of the activity, or if the activity is located in designated critical
habitat (or critical habitat proposed for such designation), the PCN must include the
name(s) of those endangered or threatened species (or species proposed for listing)
that might be affected by the proposed activity or utilize the designated critical habitat
(or critical habitat proposed for such designation) that might be affected by the proposed
activity. For NWP activities that require pre -construction notification, Federal permittees
must provide documentation demonstrating compliance with the Endangered Species
Act;
(8) For non-federal permittees, if the NWP activity might have the potential to cause
effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must
state which historic property might have the potential to be affected by the proposed
activity or include a vicinity map indicating the location of the historic property. For NWP
activities that require pre -construction notification, Federal permittees must provide
documentation demonstrating compliance with section 106 of the National Historic
Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River
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, the PCN must identify
the Wild and Scenic River or the "study river" (see general condition 16); and
(10) For an NWP activity that requires permission from, or review by, the Corps
pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or
use a U.S. Army Corps of Engineers federally authorized civil works project, the pre -
construction notification must include a statement confirming that the project proponent
has submitted a written request for section 408 permission from, or review by, the Corps
office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The nationwide permit pre -construction
notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing
the required information may also be used. Applicants may provide electronic files of
PCNs and supporting materials if the district engineer has established tools and
procedures for electronic submittals.
IN

(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the
terms and conditions of the NWPs and the need for mitigation to reduce the activity's
adverse environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre -
construction notification and result in the loss of greater than 1/2-acre of waters of the
United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than one
cubic yard per running foot, or involve discharges of dredged or fill material into special
aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into
the waterbody more than 30 feet from the mean low water line in tidal waters or the
ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide
(e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state
natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the
exception of NWP 37, these agencies will have 10 calendar days from the date the
material is transmitted to notify the district engineer via telephone, facsimile
transmission, or e-mail that they intend to provide substantive, site -specific comments.
The comments must explain why the agency believes the adverse environmental effects
will be more than minimal. If so contacted by an agency, the district engineer will wait an
additional 15 calendar days before making a decision on the pre -construction
notification. The district engineer will fully consider agency comments received within
the specified time frame concerning the proposed activity's compliance with the terms
and conditions of the NWPs, including the need for mitigation to ensure that the net
adverse environmental effects of the proposed activity are no more than minimal. The
district engineer will provide no response to the resource agency, except as provided
below. The district engineer will indicate in the administrative record associated with
each pre -construction notification that the resource agencies' concerns were
considered. For NWP 37, the emergency watershed protection and rehabilitation activity
may proceed immediately in cases where there is an unacceptable hazard to life or a
significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should
be modified, suspended, or revoked in accordance with the procedures at 33 CFR
330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any
Essential Fish Habitat conservation recommendations, as required by section
305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre -construction notifications to expedite agency coordination.
17

District Engineer's Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. If a
project proponent requests authorization by a specific NWP, the district engineer should
issue the NWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determines, after considering mitigation, that the proposed
activity will result in more than minimal individual and cumulative adverse effects on the
aquatic environment and other aspects of the public interest and exercises discretionary
authority to require an individual permit for the proposed activity. For a linear project,
this determination will include an evaluation of the single and complete crossings of
waters of the United States that require PCNs to determine whether they individually
satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused
by all of the crossings of waters of the United States authorized by an NWP. If an
applicant requests a waiver of an applicable limit, as provided for in NWPs 13, 36, or 54,
the district engineer will only grant the waiver upon a written determination that the
NWP activity will result in only minimal individual and cumulative adverse environmental
effects.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or
she will also consider the cumulative adverse environmental effects caused by activities
authorized by an NWP and whether those cumulative adverse environmental effects are
no more than minimal. The district engineer will also consider site specific factors, such
as the environmental setting in the vicinity of the NWP activity, the type of resource that
will be affected by the NWP activity, the functions provided by the aquatic resources
that will be affected by the NWP activity, the degree or magnitude to which the aquatic
resources perform those functions, the extent that aquatic resource functions will be lost
as a result of the NWP activity (e.g., partial or complete loss), the duration of the
adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the
district engineer. If an appropriate functional or condition assessment method is
available and practicable to use, that assessment method may be used by the district
engineer to assist in the minimal adverse environmental effects determination. The
district engineer may add case -specific special conditions to the NWP authorization to
address site -specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-
acre of wetlands or 3/100-acre of stream bed, the prospective perm ittee should submit a
mitigation proposal with the PCN. Applicants may also propose compensatory mitigation
for NWP activities with smaller impacts, or for impacts to other types of waters. The
district engineer will consider any proposed compensatory mitigation or other mitigation
measures the applicant has included in the proposal in determining whether the net
adverse environmental effects of the proposed activity are no more than minimal. The
compensatory mitigation proposal may be either conceptual or detailed. If the district
18

engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse environmental effects are no more than minimal, after considering
mitigation, the district engineer will notify the permittee and include any activity -specific
conditions in the NWP verification the district engineer deems necessary. Conditions for
compensatory mitigation requirements must comply with the appropriate provisions at
33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the
permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not
necessary to ensure timely completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan.
The district engineer must review the proposed compensatory mitigation plan within 45
calendar days of receiving a complete PCN and determine whether the proposed
mitigation would ensure that the NWP activity results in no more than minimal adverse
environmental effects. If the net adverse environmental effects of the NWP activity (after
consideration of the mitigation proposal) are determined by the district engineer to be no
more than minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the NWP activity can proceed under the terms
and conditions of the NWP, including any activity -specific conditions added to the NWP
authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the
applicant either: (a) that the activity does not qualify for authorization under the NWP
and instruct the applicant on the procedures to seek authorization under an individual
permit; (b) that the activity is authorized under the NWP subject to the applicant's
submission of a mitigation plan that would reduce the adverse environmental effects so
that they are no more than minimal; or (c) that the activity is authorized under the NWP
with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse environmental effects,
the activity will be authorized within the 45-day PCN period (unless additional time is
required to comply with general conditions 18, 20, and/or 31), with activity -specific
conditions that state the mitigation requirements. The authorization will include the
necessary conceptual or detailed mitigation plan or a requirement that the applicant
submit a mitigation plan that would reduce the adverse environmental effects so that
they are no more than minimal. When compensatory mitigation is required, no work in
waters of the United States may occur until the district engineer has approved a specific
mitigation plan or has determined that prior approval of a final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory
m itigation.
Further Information
1. District engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
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2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project
(see general condition 31).
Definitions
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality
resulting from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of
aquatic resources for the purposes of offsetting unavoidable adverse impacts which
remain after all appropriate and practicable avoidance and minimization has been
achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as
to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material into
waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and riparian
area restoration, enhancement, or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat
type or a riparian area type that currently exists in the region where the proposed NWP
27 activity is located. Alternatively, an ecological reference may be based on a
conceptual model for the aquatic habitat type or riparian area type to be restored,
enhanced, or established as a result of the proposed NWP 27 activity. An ecological
reference takes into account the range of variation of the aquatic habitat type or riparian
area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological characteristics
of an aquatic resource to heighten, intensify, or improve a specific aquatic resource
function(s). Enhancement results in the gain of selected aquatic resource function(s),
but may also lead to a decline in other aquatic resource function(s). Enhancement does
not result in a gain in aquatic resource area.
20

Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an
upland site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the
absence of actual data, by a line of oil or scum along shore objects, a more or less
continuous deposit of fine shell or debris on the foreshore or berm, other physical
markings or characteristics, vegetation lines, tidal gages, or other suitable means that
delineate the general height reached by a rising tide. The line encompasses spring high
tides and other high tides that occur with periodic frequency but does not include storm
surges in which there is a departure from the normal or predicted reach of the tide due
to the piling up of water against a coast by strong winds such as those accompanying a
hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term
includes artifacts, records, and remains that are related to and located within such
properties. The term includes properties of traditional religious and cultural importance
to an Indian tribe or Native Hawaiian organization and that meet the National Register
criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have
independent utility if it would be constructed absent the construction of other projects in
the project area. Portions of a multi -phase project that depend upon other phases of the
project do not have independent utility. Phases of a project that would be constructed
even if the other phases were not built can be considered as separate single and
complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated
activity. The loss of stream bed includes the acres of stream bed that are permanently
adversely affected by filling or excavation because of the regulated activity. Permanent
adverse effects include permanent discharges of dredged or fill material that change an
aquatic area to dry land, increase the bottom elevation of a waterbody, or change the
use of a waterbody. The acreage of loss of waters of the United States is a threshold
measurement of the impact to jurisdictional waters or wetlands for determining whether
a project may qualify for an NWP; it is not a net threshold that is calculated after
considering compensatory mitigation that may be used to offset losses of aquatic
functions and services. Waters of the United States temporarily filled, flooded,
21

excavated, or drained, but restored to pre -construction contours and elevations after
construction, are not included in the measurement of loss of waters of the United
States. Impacts resulting from activities that do not require Department of the Army
authorization, such as activities eligible for exemptions under section 404(f) of the Clean
Water Act, are not considered when calculating the loss of waters of the United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899.
These waters are defined at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward
of the high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the
extent that an ordinary high water mark can be determined. Aquatic vegetation within
the area of flowing or standing water is either non -emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. Examples of "open waters"
include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: The term ordinary high water mark means that line on the
shore established by the fluctuations of water and indicated by physical characteristics
such as a clear, natural line impressed on the bank, shelving, changes in the character
of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has surface water flowing continuously year-
round during a typical year.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request
may be a permit application, letter, or similar document that includes information about
the proposed work and its anticipated environmental effects. Pre -construction
notification may be required by the terms and conditions of a nationwide permit, or by
regional conditions. A pre -construction notification may be voluntarily submitted in cases
where pre -construction notification is not required and the project proponent wants
confirmation that the activity is authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the
implementation of appropriate legal and physical mechanisms. Preservation does not
result in a gain of aquatic resource area or functions.
22

Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former
aquatic resource. Re-establishment results in rebuilding a former aquatic resource and
results in a gain in aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic
resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of
a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is
divided into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by their hydraulic
characteristics. The rapid movement of water over a course substrate in riffles results in
a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools
are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a
smooth surface, and a finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems,
through which surface and subsurface hydrology connects riverine, lacustrine,
estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or
uplands. Riparian areas provide a variety of ecological functions and services and help
improve or maintain local water quality. (See general condition 23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other appropriate materials placed
into waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point,
which often involves multiple crossings of one or more waterbodies at separate and
distant locations. The term "single and complete project" is defined as that portion of the
total linear project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers that includes all crossings of a single water of
the United States (i.e., a single waterbody) at a specific location. For linear projects
crossing a single or multiple waterbodies several times at separate and distant
locations, each crossing is considered a single and complete project for purposes of
23

NWP authorization. However, individual channels in a braided stream or river, or
individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
Single and complete non -linear project: For non -linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or
accomplished by one owner/developer or partnership or other association of
owners/developers. A single and complete non -linear project must have independent
utility (see definition of "independent utility"). Single and complete non -linear projects
may not be "piecemealed" to avoid the limits in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality
degradation, and flooding and mitigating the adverse effects of changes in land use on
the aquatic environment.
Stormwater management facilities: Stormwater management facilities are those
facilities, including but not limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time to control runoff and/or
improve the quality (i.e., by reducing the concentration of nutrients, sediments,
hazardous substances and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay
to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high
water marks, are not considered part of the stream bed.
Stream channel ization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A
channelized jurisdictional stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin,
weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent mooring structure, power transmission line, permanently moored floating
vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters.
Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the
water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward
of the high tide line.
24

Tribal lands: Any lands title to which is either: 1) held in trust by the United States for
the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions,
executive order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal
circumstances have rooted aquatic vegetation, such as seagrasses in marine and
estuarine systems and a variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a "water of the United States." If
a wetland is adjacent to a waterbody determined to be a water of the United States, that
waterbody and any adjacent wetlands are considered together as a single aquatic unit
(see 33 CFR 328.4(c)(2)).
REGIONAL CONDITIONS:
The following Regional Conditions have been approved by the Wilmington District for
the Nationwide Permits (NWPs) published in the January 13, 2021, Federal Register
(86 FR 2744) announcing the reissuance of 12 existing (NWPs) and four new NWPs, as
well as the reissuance of NWP general conditions and definitions with some
modifications.
A. EXCLUDED WATERS AND/OR AREAS
The Corps has identified waters that will be excluded from the use of all NWP's during
certain timeframes. These waters are:
1. Anadromous Fish Spawning Areas. Work in waters of the U.S. designated by
either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina
Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are
prohibited from February 15th through June 30th, without prior written approval from the
Corps and the appropriate wildlife agencies (NCDMF, NCWRC and/or the National
Marine Fisheries Service (NMFS)). Work in waters of the U.S. designated by NCWRC
as primary nursery areas in inland waters are prohibited from February 15th through
September 30th, without prior written approval from the Corps and the appropriate
wildlife agencies. Work in waters of the U.S. designated by NCDMF as primary nursery
areas shall be coordinated with NCDMF prior to being authorized by this NWP.
Coordination with NCDMF may result in a required construction moratorium during
periods of significant biological productivity or critical life stages.
2. Trout Waters Moratorium. Work in waters of the U.S. in the designated trout
watersheds of North Carolina are prohibited from October 15th through April 15th
25

without prior written approval from the NCWRC, or from the Eastern Band of Cherokee
Indians (EBCI) Fisheries and Wildlife Management (FWM) office if the project is located
on EBCI trust land. (See Section C.3. above for information on the designated trout
watersheds).
3. Sturgeon Spawning Areas. No in -water work shall be conducted in waters of the
U.S. designated by the National Marine Fisheries Service as Atlantic sturgeon critical
habitat from February 1 st through June 30th. No in -water work shall be conducted in
waters of the U.S. in the Roanoke River designated as Atlantic sturgeon critical habitat
from February 1 st through June 30th, and August 1 st through October 31 st, without
prior written approval from NMFS.
4. Submerged Aquatic Vegetation. Impacts to Submerged Aquatic Vegetation (SAV)
are not authorized by any NWP, except NWP 48, NWP 55 and NWP 56, unless
Essential Fish Habitat (EFH) consultation has been completed pursuant to the
Magnuson -Stevens Fisheries Conservation and Management Act (Magnuson -Stevens
Act). Permittees shall submit a PCN (See NWP General Condition 32) to the District
Engineer prior to commencing the activity if the project would affect SAV. The permittee
may not begin work until notified by the Corps that the requirements of the Magnuson -
Stevens Act have been satisfied and that the activity is verified.
B. REGIONAL CONDITIONS APPLICABLE TO ALL NWP's
1. Critical Habitat in Western NC. For proposed activities within waters of the U.S. that
require a Pre -Construction Notification (PCN) and are located in the thirteen counties
listed below, permittees must provide a copy of the PCN to the U.S. Fish and Wildlife
Service (USFWS), 160 Zillicoa Street, Asheville, North Carolina 28801 and the Corps
Asheville Regulatory Field Office. Please see General Condition 18 for specific PCN
requirements related to the Endangered Species Act and the below website for
information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification
to the Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Swain, Transylvania, Union and
Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for permittees which
provides guidelines on how to review linked websites and maps in order to fulfill NWP
General Condition 18 (Endangered Species) requirements:
http://www. saw. usace. army. m it/Missions/RegulatoryPerm itProgram/AgencyCoordinatio
n/ESA.aspx.
Permittees who do not have internet access may contact the appropriate U.S. Fish and
Wildlife Service offices listed below or Corps at [phone].
26

Below is a map of the USFWS Field Office Boundaries:
Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and
including Anson, Stanly, Davidson, Forsythe and Stokes Counties.
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Raleigh U.S. Fish and Wildlife Service Office counties: All counties east of and
including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
2. Special Designation Waters. Prior to the use of any NWP that involves a discharge
of dredged or fill material in any of the following identified waters and/or adjacent
wetlands in North Carolina, permittees shall submit a PCN to the District Engineer prior
to commencing the activity (see General Condition 32). The North Carolina waters and
wetlands that require additional PCN requirements are:
"Primary Nursery Areas" (PNA), including inland PNA, as designated by the North
Carolina Marine Fisheries Commission and/or the North Carolina Wildlife Resources
Commission. The definition of and designated PNA waters can be found in the North
Carolina State Administrative Code at Title 15A, Subchapters 3R and 10C (15A NCAC
27

03R .0103; 15A NCAC 10C .0502; and 15A NCAC 10C .0503) and at the following web
pages:
• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20guality/chapter%2003%20-
%20marine%20fisheries/subchapter%20r/15a%20ncac%2003r%20.0103. pdf
• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20guality/chapter%2010%20-
%20wildlife%20resources%20and%20water%20safety/subchapter%20c/15a%20
ncac%2010c%20.0502. Of
• http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20guality/chapter%2010%20-
%20wildlife%20resources%20and%20water%20safety/subchapter%20c/15a%20
ncac%2010c%20.0503. pdf
3. Trout Waters. Prior to any discharge of dredge or fill material into streams,
waterbodies or wetlands within the 294 designated trout watersheds of North Carolina,
the permittee shall submit a PCN (see General Condition 32) to the District Engineer
prior to commencing the activity. The permittee shall also provide a copy of the PCN to
the appropriate NCWRC office, or to the EBCI FWM Office (if the project is located on
EBCI trust land), to facilitate the determination of any potential impacts to designated
Trout Waters.
NCWRC and NC Trout Watersheds:
NCWRC
Contact"
Counties that are entirely
within Trout Watersheds*
Counties that are
partially within Trout
Watersheds*
Mountain
Alleghany
Jackson
Burke
McDowell
Coordinator
Ashe
Macon
Buncombe
Mitchell
645 Fish
Avery
Swain
Caldwell
Polk
Hatchery
Graham
Transylvania
Cherokee
Rutherford
Rd., Building
Haywood
Watauga
Clay
Surry
B
Henderson
Wilkes
Marion, NC
Madison
Yancey
28752
828-803-
6054
For NCDOT
Projects:
NCDOT
Coordinator
28

12275 Swift
Rd.
Oakboro,
NC 28129
704-984-
1070
EBCI
Counties that are within
Contact"
Trout Watersheds*
Office of
Qualla Boundary and non -
Natural
contiguous tracts of trust
Resources
land located in portions of
P.O. Box 1747,
Swain, Jackson, Haywood,
Cherokee, NC
Graham and Cherokee
28719
Counties.
[phone]
*NOTE: To determine PCN requirements, contact the Corps Asheville Regulatory
Field Office at [phone] or view maps showing trout watersheds in each
County at the following webpage:
htta://www. saw. usace. armv. m it/Missions/Reaulatorv-Perm it-Proaram/Aaencv-
Coordination/Trout/
**If a project is located on EBCI trust land, submit the PCN in accordance with
Regional Condition C.16. Contact the Corps Asheville Regulatory Field Office at
[phone] with questions.
4. Western NC Waters and Corridors. The permittee shall submit a PCN (see General
Condition 32) to the District Engineer prior to commencing the activity in waters of the
U.S. if the activity will occur within any of the following identified waters in western North
Carolina, within 0.5 mile on either side of these waters, or within 0.75 mile of the Little
Tennessee River, as measured from the top of the bank of the respective water (i.e.,
river, stream, or creek):
Brasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
29

Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
lotla Creek
Little Tennessee River (within the river or within 0.75 mile on either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust/EBCI land)
Peachtree Creek
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek
Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee)
Valley River
Watauga Creek
Watauga River
Wayah Creek
West Fork French Broad River
To determine PCN requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps for all corridors at the following webpage:
http://www. saw. usace. army. m it/Missions/Regulatory-Perm it-Program/Agency-
Coordination/Designated-Special-Waters.aspx .
5. Limitation of Loss of Stream Bed. NWPs may not be used for activities that may
result in the loss of more than 0.05 acres of stream bed, except for NWP 32.
6. Pre -Construction Notification for Loss of Stream Bed Exceeding 0.02 acres.
The permittee shall submit a PCN to the District Engineer prior to commencing the
activity (see General Condition 32) prior to the use of any NWP for any activity that
results in the loss of more than 0.02 acres of stream bed. This applies to NWPs that do
not have PCN requirements as well as those NWPs that require a PCN.
7. Mitigation for Loss of Stream Bed. For any NWP that results in a loss of more than
0.02 acres of stream bed, the permittee shall provide a mitigation proposal to
compensate for more than minimal individual and cumulative adverse impacts to the
aquatic environment, unless the District Engineer determines in writing that either some
other form of mitigation would be more environmentally appropriate or the adverse
30

effects of the proposed activity are minimal. For stream bed losses of 0.02 acres or less
that require a PCN, 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 effect on the aquatic environment.
8. Riprap. For all NWPs that allow for the use of riprap material for bank stabilization,
the following conditions shall be applied:
a. Filter cloth must be placed underneath the riprap as an additional requirement of its
use in North Carolina waters. The placement of filter fabric is not required if the riprap
will be pushed or "keyed" into the bank of the waterbody. A waiver from the
specifications in this Regional Condition must be requested in writing.
b. Riprap shall be placed only on the stream banks, or, if it is necessary to be placed in
the stream bed, the finished top elevation of the riprap should not exceed that of the
original stream bed.
9. Culvert Placement. For all NWPs that allow for culvert placement, the following
conditions shall be applied:
a. For all NWPs that involve the construction/installation of culverts, measures shall be
included in the construction/installation that will promote the safe passage of fish and
other aquatic organisms
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20%
of the culvert diameter for culverts having a diameter less than or equal to 48 inches. If
the culvert outlet is submerged within a pool or scour hole and designed to provide for
aquatic passage, then culvert burial into the streambed is not required.
Culvert burial is not required for structures less than 72 inch diameter/width, where the
slope of the culvert will be greater than 2.5%, provided that all alternative options for
flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g., rock ladders, cross vanes, sills, baffles etc.). Culvert
burial is not required when bedrock is present in culvert locations.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result
in destabilization of streams or wetlands.
31

Circular
Culvert
t
12 Inches
Invert
Rise
(Diameter)
A waiver from the depth specifications in this condition may be requested, in writing, by
the permittee and issued by the Corp. This waiver request must be specific as to the
reasons(s) for the request. The waiver will be issued if it can be demonstrated that the
proposed design would result in less impacts to the aquatic environment. Culverts
placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried, but the culverts must be of adequate size and/or number to ensure
unrestricted transmission of water.
b. Bank -full flows (or less) shall be accommodated through maintenance of the existing
bank -full channel cross sectional area. Additional culverts or culvert barrels at such
crossings shall be allowed only to receive bank -full flows.
Approach HL
Roadway
Baf3 f Stream
Blockage Bottom
Culvert buried
belowstreambed
W appropriate
depth (if required).
c. Culverts shall be designed and installed in such a manner that the original stream
profiles are not altered and allow for aquatic life movement during low flows. The
dimension, pattern, and profile of the stream above and below a pipe or culvert shall not
be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed
culvert shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. If the width of the culvert is wider than the stream
channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are
used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes
shall be installed such that they receive only flows above bankfull.
32

10. Utility Lines. For all NWPs that allow for the construction and installation of utility
lines, the following conditions shall be applied:
a. Utility lines consisting of aerial electric power transmission 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).
b. 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 initial PCN package.
c. 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://ncwildflower.org/invasive-exotic-
species-list/.
d. 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.
e. 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.
11. Temporary Access Fills. 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 0.02 acres of stream channel for the
construction of temporary access fills and/or temporary road crossings. The PCN must
33

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.
12. Federal Navigation Channel Setbacks. Authorized structures and fills located in or
adjacent to Federally authorized waterways must be constructed in accordance with the
latest setback criteria established by the Wilmington District Engineer. You may review
the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit
does not authorize the construction of hardened or permanently fixed structures within
the Federally Authorized Channel Setback, unless the activity is approved by the Corps.
The permittee shall submit a PCN (see General Condition 32) to the District Engineer to
obtain a written verification prior to the construction of any structures or fills within the
Federally Authorized Channel Setback.
13. Northern Long-eared Bat — Endangered Species Act Compliance
The Wilmington District, U.S. Army Corps of Engineers has consulted with the United
States 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 NWP 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/odf/WNSZone.odf. 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:
34

• 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 NWP terms and
general and regional 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; any 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
35

proceed without PCN to either the USACE or the USFWS, provided all General and
Regional Permit Conditions are met.
The NLEB SLOPES can be viewed on the USACE website at:
http://www. saw. usace. army. m it/Missions/Regulatory-Perm it-Program/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the
USACE at (910) 251- 4633.
14. West Indian Manatee Protection. In order to protect the endangered West Indian
manatee (Trichechus manatus) the Permittee shall implement the USFWS' Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found
at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
15. ESA Programmatic Biological Opinions. 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 NWPs 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 NWPs. 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 NWPs. If the terms and conditions of a
specific PBO (or PBOs) apply to a project, the Corps will include this/these
requirements in any NWP 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. army. m it/Missions/Regulatory-Perm it-Program/Agency-
Coordination/ESA/.
16. Work on Eastern Band of Cherokee Land.
Notifying NWPs - All PCNs submitted for activities in waters of the U.S. on Eastern
Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-
contiguous tracts of trust land located in portions of Swain, Jackson, Haywood,
Graham and Cherokee Counties), must comply with the requirements of the latest
MOU between the Wilmington District and the EBCI.
Non -notifying NWPs - Prior to the use of any non -notifying NWP for activities in
36

waters of the U.S. on EBCI trust land (i.e., Qualla Boundary and non-contiguous
tracts of trust land located in portions of Swain, Jackson, Haywood, Graham and
Cherokee Counties), all prospective permittees must comply with the requirements of
the latest MOU between the Wilmington District and the EBCI; this includes
coordinating the proposed project with the EBCI Natural Resources Program and
obtaining a Tribal Approval Letter from the Tribe.
The EBCI MOU can be found at the following URL: http://saw-
reg.usace.army.mil/FO/Final-MOU-EBCI-USACE.pdf
17. Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and
measures proposed for placement in waters of the U.S. The structures and
measures should be depicted on maps, surveys or drawings showing location and
impacts to jurisdictional wetlands and streams.
C. REGIONAL CONDITIONS APPLICABLE TO NWP 29
a. Discharges in streams and wetlands for stormwater management facilities are
prohibited under this NWP.
b. Discharges of dredged or fill material into waters of the U.S., including wetlands,
within the foodway* or mapped FEMA 100-year floodplain resulting in permanent
above -grade fills are not authorized by this NWP.
* NOTE: Floodway means the area designated and/or regulated by Federal, State, or
local requirements to provide for the discharge of the base flood so the cumulative
increase in water surface elevation is no more than a designated height identified by the
regulating entity within the 100-year floodplain.
D. SECTION 401 WATER QUALITY CERTIFICATION (WQC) AND/OR COASTAL
ZONE MANAGEMENT ACT (CZMA) CONSISTENCY DETERMINATION SUMMARY
AND APPLICABLE CONDITIONS
The CZMA Consistency Determination and all Water Quality Certifications for the NWPs
can be found at: https://www.saw.usace.army.miI/Missions/Requlatory-Permit-
Program/Perm its/2017-Nationwide-Perm its/
37

Baker, Caroline D
From: Thomas, Zachary T
Sent: Thursday, May 4, 2023 3:03 PM
To: Kevin Martin
Cc: Standridge, Billy W CIV USARMY CESAW (USA)
Subject: RE: [External] RE: 404 PCN Application Submittal - Mill Stone Creek
Hello,
It appears that the impacts proposed in the application for Mill Stone Creek (20230460) fit under the general
certification (GC 4256) and do not need written authorization from DWR. Please ensure that you follow the conditions
outlined in the general certification. If your project plans change, please reach out to our office for written authorization
if any thresholds are triggered.
If you have any questions, please let me know.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
E Qy
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Kevin Martin <[e-mail]>
Sent: Thursday, May 4, 2023 8:37 AM
To: Thomas, Zachary T <[e-mail]>
Cc: Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] RE: 404 PCN Application Submittal - Mill Stone Creek
Importance: High
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Zach, just following up on the email I sent you 3 weeks ago (see below). I do not remember seeing a response. It would
be helpful if you could let Billy at the Corps know that you concur that the project is eligible for using a GC and that an
Individual Certification is not required so that he can move forward processing the NWP. Thanks.
Kevin C Martin

Principal
NC Licensed Soil Scientist #1003
Professional Wetland Scientist #851
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile [phone]
[e-mail]
Visit us at sandec.com
From: Kevin Martin
Sent: Monday, April 10, 2023 1:39 PM
To: Thomas, Zachary T <[e-mail]>
Cc: Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] RE: 404 PCN Application Submittal - Mill Stone Creek
We are under the limits and can utilize a GC however for legal and local government reasons the applicant wants written
concurrence from DWR so that is why he paid the $240 fee already. Hopefully DWR can issue some kind of written
approval without triggering an IC. This has come up a few times in the past and DWR was able to process without the IC.
In one case they simply sent an email saying after review the project falls under the GC limits so a "formal" written 401
is not required. Some local governments, banks and lawyers simply do not understand that if you are below certain
thresholds you can utilize the GC for the 401 without anything in writing from DWR as long as you comply with the
conditions. This has caused unnecessary hold ups on projects in the past until we could get something from DWR. I hope
you understand.
Kevin C Martin
Principal
NC Licensed Soil Scientist #1003
Professional Wetland Scientist #851
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile [phone]
[e-mail]
Visit us at sandec.com
From: Thomas, Zachary T <[e-mail]>
Sent: Monday, April 10, 2023 1:26 PM
To: Kevin Martin <[e-mail]>
Cc: Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] RE: 404 PCN Application Submittal - Mill Stone Creek
Hello,
Our Laserfiche system has been down since Thursday and they are working to get it back up and running. This does
appear in our review queue for RRO as of today and it appears it was requested under a NWP29.
Are the impact totals still less than the GC thresholds? It appears you only have 0.010 acres of wetland impacts and no
impacts to streams or buffers requiring a buffer authorization. If you are under the GC thresholds, then you should be

covered and do not need written concurrence from us. If you find that you do not meet the requirements to fit under
the GC, then you will need a IC.
Please let me know if you have any questions.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
EQ:>
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Kevin Martin <[e-mail]>
Sent: Monday, April 10, 2023 10:48 AM
To: Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Subject: [External] RE: 404 PCN Application Submittal - Mill Stone Creek
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Based on the small amount of impact it should not require an individual cert but recently after all the DWR turnover I
have seen them use an individual cert when they did not need to.
It was assigned to Zach at DWR so I am copying him so he can verify how he plans to process it.
Kevin C Martin
Principal
NC Licensed Soil Scientist #1003
Professional Wetland Scientist #851
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile [phone]
[e-mail]
Visit us at sandec.com
From: Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, April 10, 2023 10:39 AM
To: Kevin Martin <[e-mail]>
Subject: RE: 404 PCN Application Submittal - Mill Stone Creek

Thanks. I've logged it in (back dated to 3/28/23) and kept the number from the JD — SAW-2020-00467.
Regarding the 401 cert, is this going to require a Individual Cert or be covered under the GC? I noticed it was submitted
as a NWP-29 but I would normally authorize this level of impacts under a NWP-18. As long as an Individual Cert isn't
required then I don't mind sticking with the NWP-29, but I don't want to go through the 120 day 401 process if I don't
have to.
Billy W. Standridge
Regulatory Project Manager
Washington Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
2407 W. 5th Street
Washington, NC 27889
[phone]
From: Kevin Martin <[e-mail]>
Sent: Monday, April 10, 2023 10:05 AM
To: Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: 404 PCN Application Submittal - Mill Stone Creek
Sure, here you go, I am attaching some of the attachments. Not sure what is up with laser fiche but we have been having
a lot of issues with saved PCN's "disappearing " before we can submit them but this is a first for a submittal that they
acknowledge getting going AWOL. Also, the electronic PCN submittal link was down last Thursday and you could not
even access it to start a new PCN. Let me know if you need anything else I have not attached the DWR buffer letter nor
low density stormwater calcs since I figure you do not need them. We submitted the attached T&E report to USFWS a
month ago but have not gotten a reply I will forward that when we do. I appreciate the prompt response.
Kevin C Martin
Principal
NC Licensed Soil Scientist #1003
Professional Wetland Scientist #851
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile [phone]
[e-mail]
Visit us at sandec.com
From: Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, April 10, 2023 9:49 AM
To: Kevin Martin <[e-mail]>
Subject: RE: 404 PCN Application Submittal - Mill Stone Creek
Hi Kevin,
We can't find the submittal in Laserfiche and I don't have a clue how to get attachments from DNER . Can you send me
the site plan and I'll log it in and roll with it.
Thanks,
Billy

Billy W. Standridge
Regulatory Project Manager
Washington Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
2407 W. 5th Street
Washington, NC 27889
[phone]
From: Standridge, Billy W CIV USARMY CESAW (USA)
Sent: Monday, April 10, 2023 8:37 AM
To: Kevin Martin <[e-mail]>
Cc: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>; WashingtonNCREG
<[e-mail]>
Subject: RE: 404 PCN Application Submittal - Mill Stone Creek
Hi Kevin,
Sorry about that and thanks for checking in on it. We'll track it down and let you know once it's been logged in.
Thanks,
Billy
Billy W. Standridge
Regulatory Project Manager
Washington Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
2407 W. 5th Street
Washington, NC 27889
[phone]
From: Kevin Martin <[e-mail]>
Sent: Monday, April 10, 2023 8:16 AM
To: Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>
Cc: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>; WashingtonNCREG
<[e-mail]>
Subject: [Non-DoD Source] 404 PCN Application Submittal - Mill Stone Creek
I submitted this PCN for a project in Wilson county 12 days ago but have not received confirmation that the Corps has
received it. Can you please check and verify that the Corps has it and if not what the process is to get DENR to get it to
you with the attachments? Thank you
Kevin C Martin
Principal
NC Licensed Soil Scientist #1003
Professional Wetland Scientist #851
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile [phone]
[e-mail]
Visit us at sandec.com

From: [e-mail] <[e-mail]>
Sent: Tuesday, March 28, 2023 11:42 AM
To: Kevin Martin <[e-mail]>; [e-mail]
Subject: 404 PCN Application Submittal - Mill Stone Creek
Your pre -construction notification application has been submitted to the Wilmington District US Army of Corp
of Engineers. The time clock for the review process will begin on the first business day of the submittal or the
next business day if submitted on a weekend or holiday. If this pre -construction notification was not
submitted to the correct field office, the time clock will not start until the correct field office receives the
application. If the application is incomplete a project manager will be contacting you to request more
information.
If you have any questions, or are experiencing any issues with the PCN online form, please contact Kristi Lynn
Carpenter at [e-mail].
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address,
as responses aren't monitored.

From: Kyle Mannino
To: John Phillips; Simpson, Richard; mikesCcbpiedmontlanddesian.com
Cc: Grey Berry
Subject: [External] RE: Mill Stone Creek Sewer System Extension Additional Information Request
Date: Wednesday, June 19, 2024 4:49:12 PM
Attachments: imaae001.pna
FTSE Mill Stone Creek June 19 2024 - Revision.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
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Richard,
Attached is the revised FTSE that reflects 92,200 gpd. As it goes through five downstream
pump stations, I had to use a second page "1"for tracking purposes.
Please let me know if you have any questions.
Sincerely,
Kyle F. Manning, PE, CFM
Assistant Director of Public Works
City of Wilson, North Carolina
kmannin.Ca)wilsonnc.or
252-296-3416
Caution: Files equal to or over 20 MB will not be received.
From: John Phillips <jfphiIli [e-mail]>
Sent: Wednesday, June 19, 20244:24 PM
To: 'Simpson, Richard' <[e-mail]>; [e-mail]
Cc: Kyle Manning <[e-mail]>; Grey Berry <grey@futre I I p rope rty.co m>
Subject: RE: Mill Stone Creek Sewer System Extension Additional Information Request
CAUTION: This email originated from outside of the organization. Do not click
links or open attachments unless you verify the sender. Please forward suspicious
emails to report.spam(c&.wilsonnc.org
Richard,
I have attached a revised page 2 of the FTA form for Mill Stone Creek. It has been revised to reflect
75 gpd/bedroom for the 304 four bedroom houses (91,200 gpd). I discussed with the developer the
possibility of a community pool; he indicated they may have one, so the revised page 2 also includes
a swimming pool at 1,000 gpd (based on 10 gallons per person x 100 persons). The revised total flow
is 92,200 gpd.

I have also attached revised USGS and street maps, per your comments.
It is my understanding that Mr. Manning will provide a revised USE 10-23 that reflects the new flow
tota Is=.
Please let me know if you need anything else from us to complete the permitting process.
From: Simpson, Richard <richard.simpson(cDdeq.nc.gov>
Sent: Wednesday, June 19, 2024 10:18 AM
To: John Phillips <ifahillipsna bellsouth.net>; mikes(cDpied montlanddesign.com
Cc: Simpson, Richard <richard.simpson(cDdeq.nc.gov>; Manning, Kyle F <kmanning(cDwilsonnc.org>
Subject: RE: Mill Stone Creek Sewer System Extension Additional Information Request
John,
City of Wilson had the following comment:
"One question I had regarding the permit ... Is there anyway to revise it down to the 75
gpd/bedroom (from the state legislature rule change) without resubmitting the entire application?"
The new rule is 75 GPD/bedroom. You can send me an updated FTA 10-23 Section VI Item 7 page 2.
The new flow will be 91,200 GPD instead of 145,920 GPD for the 304 four -bedroom units.
Will the subdivision have a pool? If so, include in the same section.
With the updated flow, include an updated and signed FTSE 10-23 form. All updates can be sent
electronically to me.
Let me know if you have any questions.
Respectfully,
Richard
From: Simpson, Richard
Sent: Wednesday, June 19, 2024 9:00 AM
To: John Phillips <jfphillipsRbellsouth.net>; mikes(cD pied montlanddesign.com
Subject: Mill Stone Creek Sewer System Extension Additional Information Request
Good morning.
The Lat & Long is good with the explanation. I saw your 404 permit. Could you provide the 401
permit and/or permit application No.?
Thanks,
Richard
From: John Phillips <ifphillips(cDbellsouth.net>
Sent: Tuesday, June 18, 2024 4:05 PM

To: Simpson, Richard <[e-mail]>; mikes@ pied montlanddesign.com
Subject: [External] RE: Mill Stone Creek Sewer System Extension Additional Information Request
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Richard,
The Lat & Long were for the pump station site, which is adjacent to the ROW of Hwy 264. Would you
prefer I just pick a spot in the middle (more or less) of the proposed subdivision?
We will update the maps per your comments.
Thank you,
John
From: Simpson, Richard <richard.simpsonRcleq.nc..Qov>
Sent: Tuesday, June 18, 2024 7:43 AM
To: ifahiIli psRbellsouth.net; mikes(cDpiedmontlanddesign.com
Cc: Simpson, Richard <richard.simpson(@deq.nc.gov>
Subject: Mill Stone Creek Sewer System Extension Additional Information Request
Hello John and Michael,
After reviewing the Fast Track Sewer System Extension Application for Mill Stone Creek (Application
Number WQ0045390), additional information is required in order to further process the application.
Please provide the following information by July 18, 2024, and note that the requested information
must be submitted within 30 days of this request, or the applicant will be required to submit a new
application and application fee in accordance with 15A NCAC 02T .0107. Any updates to the
application can be sent as an attached pdf via email.
1— Please recheck the latitude and longitude It appears the coordinates were on or beside Highway
264.
2 - Topographical map and/or the aerial map provided are not sufficient. According to Section F of
the Application Instructions, an 8.5-inch x 11-inch color copy of a USGS Topographic Map and/or site
map needs to clearly identify the project area, including the closest surface waters, general location
of the gravity sewer, pumpstations, and force mains, and the downstream connection points for the
receiving sewer. Also please indicate the direction of flow.
15A NCAC 02T .0107 Staff Review and Permit Preparation states:
• "(2) (e) If an application is accepted and later found to be incomplete, the applicant shall be
advised how the application or accompanying supporting information may be modified to
make it complete. The staff shall advise the applicant:
(2) if all required information is not submitted within 30 days, the project will be
returned as incomplete. Any resubmittal of returned application shall be accompanied
with a new application fee."
Please contact me with any questions that you may have regarding this request.

*Please note that the fee for fast track sewer extension permits has increased to $600 as of
October 3, 2023 [as stipulated in the 2023 House Appropriations Act, House Bill 259, Water
Quality and Storm water Fees, Section 12.14(a)].
Sincerely,
Richard
Richard Simpson
Environmental Engineering
Office of Continuous Improvement (OCI)
Division of Water Resources - Raleigh Regional Office
North Carolina Department of Environmental Quality
3800 Barrett Drive, Raleigh, NC 27609
[e-mail]
919.791.4239 Office
�D.
uro•-rrn l ori--w,iN
Email correspondence to and from this address is subject to the !North
Carolina Public Records Law and may be disclosed to third parties.
a Get info on ARPA Project Permitting: ARPA Env. Permitting
o Search DEQ Permits: NC DEQ Permit Director
a Apply for Funding: I Need Funding I NC DEQ
a Sewer Extension Permitting I NC DEQ
o Subchapter 2T Rules.pdf (state.ne.us)
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.
Pursuant to North Carolina General Statutes, Chapter 132,et.seq., this electronic mail
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be sent in response to it may be considered public record and as such are subject to
requests for review.

From:
Mike Schneider
To:
Simpson, Richard
Cc:
"John Phillips"
Subject:
[External] RE: Mill Stone Creek Sewer System Extension Additional Information Request
Date:
Wednesday, June 19, 2024 1:14:35 PM
Attachments:
imaae002.pna
NWP29.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Richard,
We had not buffer impacts, so no 401 permit. We have received stormwater plan approval and
Nationwide Permit (attached).
Does that give you what you need?
Mike Schneider, PE
Piedmont Land Design, PLLC
8522-204 Six Forks Road
Raleigh, INC 27615
Phone [phone]
FAX [phone]
Mikes npiedmontlanddesign.com
From: Simpson, Richard [mailto:[e-mail]]
Sent: Wednesday, June 19, 2024 9:00 AM
To: John Phillips; [e-mail]
Subject: Mill Stone Creek Sewer System Extension Additional Information Request
Good morning.
The Lat & Long is good with the explanation. I saw your 404 permit. Could you provide the 401
permit and/or permit application No.?
Thanks,
Richard
From: John Phillips <jfphiIli [e-mail]>
Sent: Tuesday, June 18, 2024 4:05 PM
To: Simpson, Richard <[e-mail]>; [e-mail]
Subject: [External] RE: Mill Stone Creek Sewer System Extension Additional Information Request
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Richard,
The Lat & Long were for the pump station site, which is adjacent to the ROW of Hwy 264. Would you
prefer I just pick a spot in the middle (more or less) of the proposed subdivision?
We will update the maps per your comments.

Thank you,
John
From: Simpson, Richard <richard.simpson(cDdeq.nc.gov>
Sent: Tuesday, June 18, 2024 7:43 AM
To: ifahiIli psna bellsouth.net; mikesna piedmontlanddesign.com
Cc: Simpson, Richard <richard.simpson(cDdeq.nc.gov>
Subject: Mill Stone Creek Sewer System Extension Additional Information Request
Hello John and Michael,
After reviewing the Fast Track Sewer System Extension Application for Mill Stone Creek (Application
Number WQ0045390), additional information is required in order to further process the application.
Please provide the following information by July 18, 2024, and note that the requested information
must be submitted within 30 days of this request, or the applicant will be required to submit a new
application and application fee in accordance with 15A NCAC 02T .0107. Any updates to the
application can be sent as an attached pdf via email.
1— Please recheck the latitude and longitude It appears the coordinates were on or beside Highway
264.
2 - Topographical map and/or the aerial map provided are not sufficient. According to Section F of
the Application Instructions, an 8.5-inch x 11-inch color copy of a USGS Topographic Map and/or site
map needs to clearly identify the project area, including the closest surface waters, general location
of the gravity sewer, pumpstations, and force mains, and the downstream connection points for the
receiving sewer. Also please indicate the direction of flow.
15A NCAC 02T .0107 Staff Review and Permit Preparation states:
• "(2) (e) If an application is accepted and later found to be incomplete, the applicant shall be
advised how the application or accompanying supporting information may be modified to
make it complete. The staff shall advise the applicant:
(2) if all required information is not submitted within 30 days, the project will be
returned as incomplete. Any resubmittal of returned application shall be accompanied
with a new application fee."
Please contact me with any questions that you may have regarding this request.
*Please note that the fee for fast track sewer extension permits has increased to $600 as of
October 3, 2023 [as stipulated in the 2023 House Appropriations Act, House Bill 259, Water
Quality and Storm water Fees, Section 12.14(a)].
Sincerely,
Richard
Richard Simpson
Environmental Engineering

Office of Continuous Improvement (OCI)
Division of Water Resources - Raleigh Regional Office
North Carolina Department of Environmental Quality
3800 Barrett Drive, Raleigh, NC 27609
[e-mail]
919.791.4239 Office
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Ca?Wkna "c Records Law ark may be arrxbsed fa fhrd "s.
a Get info on ARPA Project Permitting: ARPA Env. Permitting
o Search DEQ Permits: NC DEQ Permit Director
a Apply for Funding: I Need Funding) NC DEQ
a Sewer Extension Permitting I NC DEQ
o Subchapter 2T Rules.pdf (state.no.us)
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