20052054 Ver 1_Complete File_20060213

Copy Michael F. Easley, Governor
William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural Resources
Alan W, Klimek, P.E. Director
Division of Water Quality
February 13, 2006
Town of Ayden
P.O. Box 219
Ayden, NC 28513
Subject Property:
Town of Ayden - CWMTF = Sewer Outfall
Ut to Swift Creek [030409,27-97-(0.5), C, SW, NSW]
DWQ Project # 05-2054
Pitt County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233). with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 50 linear feet of perennial stream, 1,940 square feet (ft) of protected Zone 1
Neuse River basin riparian buffer and 960 square feet (ft) of protected Zone 2 Neuse River basin riparian
buffer as described in your application dated October 13, 2005, and received by the Division of Water
Quality (DWQ) on November 10, 2005, with additional information received by the DWQ on December
2, 2005, December 8, 2005 and December 21, 2005, for the purpose of replacing a dilapidated sewer
collection line at the site. After reviewing your application, we have decided that the impacts are covered
by General Water Quality. Certification Number(s) 3374 (GC3374). The Certification(s) allows you to
use Nationwide Permit(s) NW 12 when issued by the US Army Corps of Engineers (USACE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httD;AVo.anr.state.nc.us/ncwetiands
N,p?thC 1,trta
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Town of Ayden
Page 3 of 5
February 13, 2006
7. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
8. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forms Documents.htm.;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may, result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
Alan . Klimek, P.E.
AWK/Ym
. 1 r 4 1 eytr
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200610365 County: Pitt USGS Quad: A den - 6 W.
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION • n° r,
Property Owner / Authorized Agent: Town of Avden
Address: Post Office Box 219
Ayden, North Carolina
28513
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): Project is located east of NCSR 1900 north
of the sewer disposal plant adjacent to and crossing an unnames tributary to Swift Creek in Avden, Pitt County.
North Carolina. '
Description of projects area and activity:
upon completion of the Project Normal flows and circulation of waters of the United States w311 be maintained
during and after construction of the proiect
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NWP-12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
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 Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvaWpermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tracey L. Wheeler [phone] ex 24.
Corps Regulatory Offic_?? Date: 12/30/2005
Expiration Date of Verification: 03/18/2007
Page 1 of 8
Determination of Jurisdiction:
® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation
Manual and is part of a broad continuum of wetlands and tributaries connected to Swift Creek a tributary of the Neuse River
IL ,. _..,_
Corps Regulatory
Date 12/30/2005
Copy Furnished:
Richard B. Moore, McDavid and Associates, Incorporated
Page 2 of 8
Action ID Number:200610365 County:Pitt
Permittee: Town of Ayden
Date Permit Issued: 12/30/2005
Project Manager: Wheeler
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
WASHINGTON REGULATORY FIELD OFFICE
Post Office Box 1000
Washington, North Carolina 27889
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I 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
Page 3 of 8

JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200610365
PROJECT LOCATION INFORMATION:
State: North Carolina
County: Pitt
Center coordinates of site (latitudellongitude): 35.465220 -77.410274
Approximate size of area (parcel) reviewed, including uplands: acres.
Name of nearest waterway: Swift Creek
Name of watershed: Neuse River
JURISDICTIONAL DETERMINATION
Completed: Desktop determination Date: 12/30/2005
Site visit(s) Date(s):
Jurisdictional Determination (JD):
Preliminary JD - Based on available information, ® there appear to be (or) ? there appear to be no "waters of the United States" and/or
"navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331).
h Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
M There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 3283(a) as "waters of the United States":
(1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subiiect to the ebb and flow of the tide.
(2) The presence of interstate waters including interstate wetlands .
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate
commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
t (4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
(6) The presence of territorial seas.
(7) The presence of wetlands adjacency to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not
itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of
Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is
navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, S or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. If B(7) is used as the Basis of Jurisdiction, document the rationale used to
make adjacency determination:
Page 5 of 8

Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ordinary High Water Mark indicated by: High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
i Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(ax3).
The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water
meets the definition of waters of the United States found at 33 CFR 328.3(x).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/subrni ted by or on behalf of the applicant.
? This office concurs with the delineation report, dated , prepared by (company):
? This office does not concur with the delineation report, dated , prepared by (company):
Data sheets prepared by the Corps.
Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas:
U.S. Geological Survey 7.5 Minute Topographic maps:
U.S. Geological Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
USDA Natural Resources Conservation Service Soil Survey:
National wetlands inventory maps:
StatelLocal wetland inventory maps:
FEMA/FIRM maps (Map Name & Date):
100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
Other photographs (Date):
Advanced Identification Wetland maps:
Site visit/determination conducted on:
Applicable/supporting case law:
Other information (please specify):
`Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
27be term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river
berms, beach dunes, and the like are also adjacent.
Page 6 of 8

Applicant: Town of A den File Number: 200610365 Date: 12/30/2005
Attached is: See Section below -,
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Pemat or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
Page 7 of 8
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the. administrative record.
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Tracey L. Wheeler Mr. Michael F. Bell, Administrative Appeal Review
U.S. Army Corps of Engineers . Officer
Post Office Box 1000 CESAD-ET-CO-R
Washington, North Carolina 27889 U.S. Army Corps of Engineers, South Atlantic Division
[phone] ex 24 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8 of 8

NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Utility Line Activities. Activities required for the construction, maintenance, and repair of
utility lines and associated facilities in waters of the United States as follows:
1. Utility lines: The construction, maintenance, or repair of utility lines, including outfall and
intake structures and the associated excavation, backfill, or bedding for the utility lines, in all
waters of the United States, provided there is no change in preconstruction contours. A "utility
line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent,
or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any
purpose of electrical energy, telephone, and telegraph messages, and radio and television
communication (see Note 1, below). Material resulting from trench excavation maybe
temporarily sidecast (up to three months) into waters of the United States, provided that the
material is not placed in such a manner that it is dispersed by currents or other forces. The
District Engineer may extend the period of temporary side casting not to exceed a total of 180
days, where appropriate. In wetlands, the top 6" to 12" of the trench should normally be
backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a
manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers,
creating a french drain effect). For example, utility line trenches can be backfilled with clay
blocks to ensure that the trench does not drain the waters of the United States through which the
utility line is installed. Any, exposed slopes and stream banks must be stabilized immediately
upon completion of the utility line crossing of each waterbody.
2. Utility line substations: The construction, maintenance, or expansion of a substation
facility associated with a power line or utility line in non-tidal waters of the United States,
excluding non-tidal wetlands adjacent to tidal waters, provided the activity does not result in the
loss of greater than \1/2\ acre of non-tidal waters of the United States.
3. Foundations for overhead utility line towers, poles, and anchors: The construction or
maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of
the United States, provided the foundations are the minimum size necessary and separate
footings for each tower leg (rather than a larger single pad) are used where feasible.
4. Access roads: The construction of access roads for the construction and maintenance of
utility lines, including overhead power lines and utility line substations, in non-tidal waters of
the United States, excluding non-tidal wetlands adjacent to tidal waters, provided the discharges
do not cause the loss of greater than \1/2\ acre of non-tidal waters of the United States. Access
roads shall be the minimum width necessary (see Note 2, below). Access roads must be
constructed so that the length of the road minimizes the adverse effects on waters of the United
States and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy
roads or geotextile/gravel roads). Access roads constructed above preconstruction contours and
elevations in waters of the United States must be properly bridged or culverted to maintain
surface flows.
The term "utility line" does not include activities which drain a water of the United States,
such as drainage tile or french drains; however, it does apply to pipes conveying drainage from
another area. For the purposes of this nationwide permit, the loss of waters of the United States
includes the filled area plus waters of the United States that are adversely affected by flooding,
excavation, or drainage as a result of the project. Activities authorized by paragraphs (i) through
(iv) may not exceed a total of \1/2\ acre loss of waters of the United States. Waters of the United
States temporarily affected by filling, flooding, excavation, or drainage, where the project area is
restored to preconstruction contours and elevation, is not included in the calculation of
permanent loss of waters of the United States. This includes temporary construction mats (e.g.,
timber, steel, geotextile) used during construction and removed upon completion of the work.
Where certain functions and values of waters of the United States are permanently adversely
affected, such as the conversion of a forested wetland to a herbaceous wetland in the
permanently maintained utility line right-of-way, mitigation will be required to reduce the
adverse effects of the project to the minimal level.
Mechanized land clearing necessary for the construction, maintenance, or repair of utility lines
and the construction, maintenance, and expansion of utility line substations, foundations for
overhead utility lines, and access roads is authorized, provided the cleared area is kept to the
minimum necessary and preconstruction contours are maintained as near as possible. The area of
waters of the United States that is filled, excavated, or flooded must be limited to the minimum
necessary to construct the utility line, substations, foundations, and access roads. Excess material
must be removed to upland areas immediately upon completion of construction. This NWP may
authorize utility lines in or affecting navigable waters of the United States, even if there is no
associated discharge of dredged or fill material (See 33 CFR Part 322).
Notification: The permittee must notify the District Engineer in accordance with General
Condition 13, if any of the following criteria are met:
a. Mechanized land clearing in a forested wetland for the utility line right-of=way;
b. A Section 10 permit is required;
c. The utility line in waters of the United States, excluding overhead lines, exceeds 500
feet;
d. The utility line is placed within a jurisdictional area (i.e., a water of the United States),
and it runs parallel to a stream bed that is within that jurisdictional area;
2
e. Discharges associated with the construction of utility line substations that result in the
loss of greater than \1/10\ acre of waters of the United States;
f. Permanent access roads constructed above grade in waters of the United States for a
distance of more than 500 feet; or
g. Permanent access roads constructed in waters of the United States with impervious
materials. (Sections 10 and 404)
Note 1: Overhead utility lines constructed over Section 10 waters and utility lines that are
routed in or under Section 10 waters without a discharge of dredged or fill material require a
Section 10 permit; except for pipes or pipelines used to transport gaseous, liquid, liquescent, or
slurry substances over navigable waters of the United States, which are considered to be bridges,
not utility lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the
Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material associated
with such pipelines will require a Corps permit under Section 404.
Note 2: Access roads used for both construction and maintenance may be authorized, provided
they meet the terms and conditions of this nationwide permit. Access roads used solely for
construction of the utility line must be removed upon completion of the work and the area
restored to preconstruction contours, elevations, and wetland conditions. Temporary access roads
for construction may be authorized by Nationwide Permit 33.
Note 3: Where the proposed utility line is constructed or installed in navigable waters of the
United States (i.e., Section 10 waters), copies of the Pre-construction Notification and
nationwide permit verification will be sent by the Corps to the National Oceanic and
Atmospheric. Administration, National Ocean Service, for charting the utility line to protect
navigation.
3
NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. 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.
4. 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. Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. 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 or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No 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. Information on Wild and Scenic Rivers may be obtained from
the appropriate Federal land management agency in the area (e.g., National Park Service, U.S.
Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. 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.
9. Water Quality.
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
4
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to 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 destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat 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 may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a 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
USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nftns.noaa.gov/prot
res/overview/es.html respectively.
5
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include
a vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can 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 notification 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:
1. Until 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. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. 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 Notification: The notification must be in writing and include the
following information:
1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
6
3. Brief description of the proposed project; the project's purpose; direct and
indirect adverse environmental effects the project would cause; 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. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(£));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
spouse;
of the permittee;
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
ii. A statement that the single-family housing activity is for a personal residence
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
7
iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the
prospective permittee must either notify the District Engineer with a PCN prior to each
maintenance activity or submit a five-year (or less) maintenance plan. In addition, the PCN must
include all of the following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NNWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the pernittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
8
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria
of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: 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. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. 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 plan within 45 days of receiving a complete PCN
9

and determine whether the conceptual or specific proposed mitigation would ensure no more
than minimal adverse effects on the aquatic environment. If the net adverse effects of the project
on the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal,- the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then the District Engineer will notify the applicant either:
1. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
3. that the project 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 effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters
of the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: 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 project's adverse
environmental effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the District Engineer notice that they intend to provide substantive,
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will
indicate in the administrative record associated with each notification that the resource agencies'
concerns were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens
Fishery Conservation and Management Act, the District Engineer will provide a response to
10
NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9xiii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. 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 US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
11
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US 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) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a minimum one-for-one ratio will be required for all,
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams; and replacing losses of aquatic resource functions
and values by creating, restoring, enhancing, or preserving similar functions and values,
preferably in the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet
wide on each side of the stream, but the District Engineers may require slightly wider vegetated
buffers to address documented water quality or habitat loss concerns. Where both wetlands and
open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
12
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction
(e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning
area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced
to the minimal amount necessary, and the activity must, to the maximum extent practicable,
reduce adverse effects such as flooding or erosion downstream and upstream of the project site,
unless the activity is part of a larger system designed to manage water flows. In most cases, it
will not be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
13
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment
a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
14
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWT.
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.
DEFINITIONS
Best Management Practices (BMPs): BWs are 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 nonstructural. A BUT policy may
affect the limits on a development.
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
15
phemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodwav: The area 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 amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete 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.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss o waters of the US., Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills 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 US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for
a 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 values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland. An area that, during a year with normal patterns of precipitation has
standing or flowing water for sufficient duration to establish an ordinary high water mark.
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Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse,
or absent. Vegetated shallows are considered to be open waters. The term "open water"
includes rivers, streams, lakes, and ponds. For the purposes of the NWPs, this term does not
include ephemeral waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fidd: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Ride and Pool Comndez: 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.
Single and Complete Proiect: 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 (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. 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.
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.
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Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and BMPs, 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 Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland.• A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. 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 (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Ve-eetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining'an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
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.
Waterbo : A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
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FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWT. These waters are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality
Waters" (HQW) (as defined by the North Carolina Division of Water Quality), or "Inland
Primary Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources
Commission), or contiguous wetlands (as defined by the North Carolina Division of Water
Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of
Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina
Coastal Area Management Act (CAMA), must also obtain the required CAMA permit.
Construction activities may not commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000,
Washington, NC 27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
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4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the
applicant shall furnish a written statement of compliance with all of the conditions listed of the
applicable NWP.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Boss Piedmont Bogs
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging
in or removing sediment from an area closed to shell fishing where the effluent may be released
to an area open for shell fishing or swimming in order to avoid contamination of the disposal
area and allow a temporary shellfish closure to be made. Any disposal of sand to the beach
should occur between November 1 and April 30 when recreational usage is low. Only clean
sand should be used and no dredged sand from closed shell fishing areas. If beach disposal was
to occur at times other than stated above or if sand from a closed shell fishing area is to be used,
20
S
a swim advisory shall be posted and a press release shall be made. NCDENR Shellfish
Sanitation Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization,
filter cloth must be placed underneath the riprap as an additional requirement of its use in North
Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Roadway
Approach Fill ` Bankfuu
Culvert buried
below streambed
to appropriate
stream depth
Bottom
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
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complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
a. Pipeline/utility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent practicable.
b. Temporary discharge of excavated or fill material into wetlands and waters of the United
States will be for the absolute minimum period of time necessary to accomplish the work.
Temporary discharges will be fully contained with appropriate erosion control or containment
methods or otherwise such fills will consist of non-erodible materials.
c. The areas of waters of the United States to be disturbed will be limited to the minimum
necessary to install the utility line. The work area authorized by this permit, including temporary
access roadways and 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 applicant is required to
provide this information to the Corps with the initial notification package.
d. Temporary access roadways will not span more than one-half the distance across any
waters of the United States including wetlands at any one time.
e. In areas where a sub-aqueous utility line is to cross a Federally maintained channel, (i.e.,
the Atlantic Intracoastal Waterway [AIWW]), the line will be buried at least six (6) feet below
the depth of the authorized channel. For areas outside Federally-maintained channels, sub-
aqueous lines must be installed at a minimum depth of two (2) feet below the substrate when
such lines might interfere with navigation.
E The minimum clearance for aerial communication lines, or any lines not transmitting
electrical power, will be ten (10) feet above the clearance required for nearby stationary bridges
as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has not established a
bridge clearance, minimum vertical clearances for power and aerial lines will not be less than
required by Section 23, Rule 232, of the latest revision of the National Electrical Safety Code
(ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI C2.
g. The clearance for an aerial line is based on the low point of the line under conditions that
produce the greatest sag, taking into consideration temperature, load, wind, length or span and
the type of supports. The minimum clearance for an aerial electrical power transmission line
shall be governed by the system voltage, as indicated below:
Nominal System Minimum Clearance (As Established
Voltage, kilovolt Above Bridge Clearance by the U.S. Coast Guard)
22

115 and below 20 feet
138 22
161 24
230 26
350 30
500 35
700 42
750 to 765 45
h. A plan to restore and re-vegetate wetland areas cleared for construction must be
submitted with the required pre-construction notification (PCN). Cleared wetland areas shall be
re-vegetated to the maximum extent practicable with native species of canopy, shrub, and
herbaceous species. Fescue grass shall not be used.
i. A pre-construction notification (PCN) shall be required for any activity impacting greater
than 1/10 acre of waters of the US, including wetlands.
Permanently cleared maintenance corridor through wetlands, and permanent fills will require
compensatory mitigation. A plan to mitigate such impacts will be submitted with the required
pre-construction notification.
j. A compensatory mitigation plan for activities under this nationwide permit will be
submitted with all required pre-construction notifications.
NORTH CAROLINA DIVISION OF WATER QUALITY_
GENERAL CERTIFICATION CONDITIONS
GC3374
1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of General Certification
and the conditions of Nationwide 12 or Regional Permit 198100049 as appropriate. If any
condition in this Certification cannot be met, application to and written concurrence from DWQ
are required. Also, Condition No. 6 is applicable to all streams in basins with riparian area
protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for
written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, one payment to both agencies shall be submitted and will
be the higher of the two fees;
3. In accordance with 15A NCAC 2H.0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside buffer mitigation may be required for any project
with Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules
23

or require a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made by DWQ for any Certification involving written
concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet
(3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not cross a
stream channel at other than a near-perpendicular direction (i.e., stream channel crossings shall
not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank);
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed with no joints connected within the footprint of a stream channel or
within 2 feet of the stream banks. Otherwise, written concurrence from DWQ is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233,.0259,
.0250 and.0243. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the
protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250 and .0243.
All new development shall be located, designed, constructed, and maintained to have
minimal disturbance to protect water quality to the maximum extent practicable through
the use of best management practices;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Riprap may only be used below the normal high water level.
The stream cross section must be restored to its original grade and elevation. Placement
of riprap or other materials shall not result in de-stabilization of the streambed or banks
upstream of downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
24
. f
standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to
the maximum extent practicable;
15. Permanent, maintained access corridors shall be restricted to the minimum width practicable
and shall not exceed 10 feet (3 meters) in width except at manhole locations. A 10 feet (3
meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be spaced at least 500 feet
(152.4 meters) apart. Written concurrence is required if the maintenance corridor is greater than
10 feet (3 meters) wide except that a maintenance corridor larger than ten feet is acceptable for
gas pipelines as long as mitigation is provided for additional wetland fills to the maintenance
corridor beyond those widths specified in this General Certification;
16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for
buried utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay,
PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require anti-
seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or less. A
section and plan view diagram is attached for the anti-seep collars; The following specifications
shall apply to class B concrete: a) Minimum cement content, sacks per cubic yard with rounded
course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course
aggregate 5.5 c) Maximum water-cement ratio gallons per sack 6.8 d) Slump range 2" to 4"
e) Minimum strength - 28-day psi 2,500.
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The permittee
will have a specific plan for restoring wetland contours. Any excess material will be removed to
a high ground disposal area;
18. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
25
4 : , ~
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ Regional
Office must be contacted to determine if Coastal Stormwater Regulations still apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts
is acceptable when compensatory mitigation is required as long as the Wetlands Restoration
Program agrees in writing to accept this payment. Other mitigation plans must receive written
DWQ concurrence;
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
24. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 12 or Regional Permit 198100049 whichever is sooner;
25. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.
Citations:
2002 Nationwide Permits - Federal Register Notice 15 Jan 2002
2002 Nationwide Permits Corrections - Federal Register Notice 13 Feb 2002
2002 Regional Conditions - Authorized 17 May 2002
26