20171351 Ver 1_More Info Requested_20171116

Strickland, Bev
From: Annino, Amy M
Sent: Thursday, November 16, 2017 11:18 AM
To: 'Carissa Parker'
Subject: NCDWR 2017-1351 - Additional Information: Daryl & Laure Blume Shoreline
Stabilization Application
Attachments: RGP30-2016-12-23.pdf
The Division of Water Resources (DWR) has performed a review of a Shoreline Stabilization application dated October
11, 2017 and received by the Division of Water Resources (Division) on October 25, 2017. The application is on -hold
until additional information is received.
1. The total length of shoreline stabilization proposed in this application exceeds the 500 linear feet that can be
permitted under a USACE General Permit 30 and corresponding DWR Water Quality Certification 4098. Please
see page 5, paragraph S within the attached USACE General Permit 30 for clarification. Please contact the US
Army Corps of Engineers for information on how to proceed. The Asheville Regulatory Field office can be
reached at 828-271-7980.
Pursuant to Title 15A NCAC 02H .0502, the applicant shall furnish all of the above requested information for the proper
consideration of the application. If all of the requested information is not received within 45 calendar days of receipt of
this email, the DWR will be unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the DWR for approval, including a complete application package and the appropriate fee.
Please contact me if you have any questions or concerns.
Regards,
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.annino(cancdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
oft AKA�
No Nothing Compares]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/Re ug latoo PermitPro am.aspx
General Permit No.
Name of Permittee:
Effective Date:
Expiration Date:
198200030
General Public
January 1, 2017
December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States
and waters of the United States, upon recommendation of the Chief of Engineers,
pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403),
and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby renewed and
modified by authority of the Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES
IN LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES, THE TENNESSEE VALLEY AUTHORITY (TVA),
AND LOCAL GOVERNMENTS IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of
generating hydroelectric power and/or providing water supply. They were constructed
and are operated by public utility companies, local governments, or under laws and
regulations administered by the TVA. Activities within these waters are the primary
concern of, and should be regulated by, these parties. This general permit applies to all
waters on or within lands owned or under flowage easement to public utility companies
and the TVA. Users of this General Permit should coordinate with the appropriate public
utility company, local government, or TVA to determine if the planned work meets the
guidelines or requirements of the shoreline management program or reservoir
management program for the lake where the activity is proposed. Activities authorized
are:
1. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps,
jetties and breakwater structures and installation of dolphins, pilings and buoys, using

commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
2. Excavation and maintenance of recreational boat basins and canals/channels
including return water discharge where excavated material is placed and retained on high
ground.
3. Stabilization of eroding shorelines utilizing appropriate bioengineering
techniques, construction and backfill of bulkheads, and the placement of riprap material.
4. Installation of submerged and aerial utility lines provided U.S. Coast Guard
requirements for aerial lines are met and pre -project elevation contours are restored.
5. Maintenance of existing water intake and outfall structures provided all State and
Federal required authorizations have been obtained. Construction of new water intake
and outfall structures is not authorized under this general permit.
Special Conditions
a. For lakes listed in Table 1, written confirmation that the proposed work complies
with this general permit must be received from the Wilmington District Corps of
Engineers (Corps) prior to the commencement of the following activities: (i) any
excavation or dredging activity greater than 1/10 (0.1) acre occurring in a previously un -
dredged area of open water; (ii) construction of more than 10 boat slips; (iii) construction
of boat ramps exceeding 20 feet in width; or, (iv) installation of fueling facilities on
authorized structures. For these activities, the proponent should submit to the Corps
detailed plans, location maps, and an explanation of the nature and scope of the work.
While written confirmation for the activities listed in this special condition is required by
the Corps prior to the commencement of these activities, written confirmation from the
Corps is not required for all other activities described above in 1-5.
b. For all lakes covered by this General Permit and not listed in Table 1, written
confirmation that the proposed work complies with this general permit must be received
from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location
maps, and other supplemental information explaining the nature and scope of the work.
c. Maintenance excavation must not exceed the original dimensions as defined by
the original permit or as clearly shown or otherwise defined by existing conditions of the
ditches, basins, canals, or channels. Maintenance excavation is allowed only for facilities
that are currently serviceable.
d. To be authorized by this general permit, all piers, docks, boathouses and boat
shelters shall be pile -supported or floating structures. Piles, dolphins, jetties and
breakwater structures may be of wood, metal or precast concrete. Breakwater structures
will be designed to provide for adequate water circulation landward of the structures.
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Table 1: List of Reservoirs subject to Special Condition "a"
*This General Permit is not applicable in portions located outside North Carolina.
e. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by
the general public.
£ On natural waterways 30 -foot wide or greater that have been designated as
navigable waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899,
this general permit does not authorize placement of any pier segment or structure further
waterward than one-third the width of the water body. For navigable water bodies less
Utility Company / Operator
Duke Energy
Alcoa Power Generating, Inc.
Belews Lake
Badin Lake
Bear Creek Reservoir
High Rock Lake
Blewett Falls Lake
Tuckertown Reservoir
Cedar Cliff Reservoir
Lake Ela
Brookfield Smoky Mtn. Hydropower
Lake Emory
Cheoah Reservoir
Lake Glenville
Lake Santeetlah
Lake Hickory
Calderwood Reservoir*
Lake James
Lake Jocassee*
NC Power (Dominion)
Lake Julian
Lake Gaston*
Lake Norman
Roanoke Rapids Lake
Lake Rhodhiss
Lake Summit
Other (Municipal Owned / Operated)
Lake Tillery
Beetree Reservoir
Lake Wylie*
Burnett Reservoir
Lookout Shoals
Hyco Reservoir
Queens Creek
Kings Mtn. Reservoir (Moss Lake)
Mission Lake
Lake Adger
Mountain Island Lake
Lake Lure
Nantahala Lake
Lake Sequoyah
Tanasee Creek Lake
Tuckasegee Reservoir
Tennessee Valley Authority (TVA)
Waterville Lake
Apalachia Lake
Wolf Creek Reservoir
Chatuge Lake*
Fontana Lake
Hiwassee Lake
*This General Permit is not applicable in portions located outside North Carolina.
e. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by
the general public.
£ On natural waterways 30 -foot wide or greater that have been designated as
navigable waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899,
this general permit does not authorize placement of any pier segment or structure further
waterward than one-third the width of the water body. For navigable water bodies less

than 30 feet wide, pier requests will be evaluated on a case-by-case basis and may be
restricted to less than one-third the width of the water body.
g. Docks or piers and adjoining platforms, decks, boathouses, boat shelters, docks,
and "L" and "T" sections will not cumulatively exceed the maximum allowable size of
such structures identified in the lake's shoreline or reservoir management plan. Docks
and piers extending over wetlands will be elevated sufficiently (minimum of 4 feet above
the wetland substrate) to prevent total shading of vegetation, substrate, or other elements
of the aquatic environment.
h. Floating docks, boathouses and boat shelters will not be constructed over
wetlands.
i. Wooden jetties will not extend farther than 100 feet waterward of the NWL
elevation contours.
j. Wood must be pressure -treated except in areas of boathouses or boat shelters
protected from the weather.
k. Floating structures will be supported by material that will not become
waterlogged or sink when punctured and will be installed to provide for fluctuations of
water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast
Guard will be installed and maintained by and at the expense of the permittee.
in. This general permit does not authorize any habitable structure or associated
facility for nonwater-related use.
n. This general permit authorizes the construction of up to 10 boat slips without pre -
construction notification (i.e. application) to the Corps. This general permit can be used
to authorize the construction of more than 10 slips, but pre -construction notification is
required for proposals of greater than 10 slips. Included in the pre -construction
notification, the applicant must provide documentation from the lake's public utility
company, local government, or TVA verifying whether or not the proposed number of
boat slips could be allowed under the lake's shoreline or reservoir management program.
If the proposed number of slips would not be allowed under the shoreline or reservoir
management program, the applicant will be required to revise the proposed project to
reduce the number of slips to those allowed by the public utility company, local
government or TVA. If the proposed number of slips could be allowed under the
shoreline or reservoir management program, the Corps will determine on a case-by-case
basis if construction of greater than 10 slips can be authorized under this general permit
or if an Individual Permit will be required. Any request for more than 10 slips must
comply with all requirements of the North Carolina State Environmental Policy Act
M

(SEPA) and documentation of this compliance should be submitted with the pre -
construction notification.
o. This general permit authorizes the construction of boat ramps that do not exceed
20 feet in width without pre -construction notification (i.e. application) to the Corps. This
general permit can be used to authorize the construction of boat ramps up to 30 feet in
width, but pre -construction notification is required for all proposals for boat ramps that
exceed 20 feet in width. Included in the pre -construction notification, the applicant must
provide documentation from the lake's public utility company, local government or TVA
verifying whether or not the proposed boat ramp width could be allowed under the lake's
shoreline or reservoir management program. If the proposed width would not be allowed
under the shoreline or reservoir management program, the applicant will be required to
revise the proposed project to reduce the boat ramp width to that allowed by the public
utility company, local government, or TVA. If the proposed width could be allowed
under the shoreline or reservoir management program, the Corps will determine on a
case-by-case basis if construction of the ramp can be authorized under this general permit
or if an Individual Permit will be required. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to
the area necessary for site preparation and all excavated material must be removed to
uplands.
q. This general permit can be used to authorize the construction of fueling facilities
on authorized structures, but pre -construction notification (i.e. application) is required for
all proposals. Included in the pre -construction notification, the applicant must provide
documentation from the lake's public utility company, local government or TVA
verifying whether or not the proposed fueling facilities could be allowed under the lake's
shoreline or reservoir management program. If the proposed fueling facilities would not
be allowed under the shoreline or reservoir management program, the applicant will be
required to revise the proposed project to remove the proposed fueling facilities from the
authorized structure. If the fueling facilities could be allowed under the shoreline or
reservoir management program, the Corps will determine on a case-by-case if
construction of the fueling facilities could be authorized under this general permit or if an
Individual Permit is required.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities
(bio -engineering techniques, construction and backfill of bulkheads, and the placement of
riprap material) must be undertaken landward of the wetlands. This general permit does
not authorize the discharge of dredged or fill material within wetlands.
s. Bulkhead and riprap alignments, or shoreline stabilization structures will not
extend farther waterward than an average distance of two (2) feet, maximum distance of
five (5) feet from the normal pool elevation contour and may not extend more than 500
feet along a shoreline.
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t. Placement of riprap should be limited to only that which is necessary to protect
existing/new bulkheads. In general, riprap will be placed at the base of all bulkheads and
will extend a maximum of three (3) feet waterward on a 2:1 slope. However, in cases of
steep slopes, a maximum of six (6) feet waterward on a 2:1 slope is authorized provided
it complies with the applicable shoreline or reservoir management program. All other fill
material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark. Material
should only be placed where shoreline is actively eroding and no material should be
placed in excess of the minimum needed for erosion protection.
v. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
w. To avoid potential impacts to fish spawning areas, excavation activities will not
occur during the months of March, April, May, or June of any year.
x. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
y. All excavated material will be placed landward of the normal pool elevation
contour on high ground and confined by adequate dikes or other retaining structures to
prevent erosion and sedimentation into adjacent waters or wetlands. The temporary
placement or double handling of excavated or fill material waterward of the normal pool
elevation is not authorized.
z. Return water from upland, contained disposal areas must comply with Water
Quality Certification No. 3888, issued by the North Carolina Division of Water
Resources (NCDWR) on March 19, 2012 or the current Water Quality Certification
applicable to return water from upland disposal facilities.
aa. If an easement to fill or cross utility company, State or Federal property is
required, such easement must be obtained prior to commencement of work.
bb. The minimum clearance for aerial power lines will be governed by system voltage
as shown below:
Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Clearances
115 and below
20
138
22
161
24
230
26
350
30
2

500 35
700 42
750 to 765 45
Clearances are based on the low point of the line under conditions that produce the
maximum sag considering temperature, load, wind, length, span and type of supports.
Clearances for communication lines, stream gauging cables, ferry cables and other aerial
crossings will be a minimum of ten (10) feet above clearances for bridges. Installation of
utility lines will conform to the conditions of Nationwide Permit 12.
General Conditions.
a. Except as authorized by this general permit or any Corps approved modification
to this general permit, no excavation, fill or mechanized land -clearing activities shall take
place within waters or wetlands, at any time in the construction or maintenance of this
project. This general permit does not authorize temporary placement or double handling
of excavated or fill material within waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and
conditions of the applicable Clean Water Act Section 401 Water Quality Certification for
this general permit issued by the North Carolina Division of Water Resources.
d. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the
public's right to free navigation on all navigable waters of the United States. No attempt
will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his/her authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
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thereby, without expense to the United States. No claim shall be made against the United
States on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of this general permit for the
verified individual activity, may apply for an individual permit, or will, without expense
to the United States and in such time and manner as the Secretary of the Army or his/her
authorized representative may direct, restore the affected water of the United States to its
former conditions.
h. This General Permit does not authorize any activity that would conflict with a
federal project's congressionally authorized purposes, established limitations or
restrictions, or limit an agency's ability to conduct necessary operation and maintenance
functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C.
408), no project that has the potential to take possession of or make use of for any
purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally
constructed work or project, including, but not limited to, levees, dams, jettys, navigation
channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall
be permitted unless the project has been reviewed and approved by the appropriate Corps
approval authority. If the proposed activity has the potential to modify or conflict with a
federally authorized project, the permittee must submit the information described in
Special Condition "a". Permittees shall not begin the activity until notified by the Corps
that the activity may proceed under the general permit.
i. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV(cusace.army.mil.
j. The permittee will allow the Wilmington District Engineer or his/her
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this general permit.
k. This general permit does not grant any property rights or exclusive privileges.
1. This general permit does not authorize any injury to the property or rights of
others.
m. This general permit does not authorize the interference with any existing or
proposed federal project.

n. In issuing this general permit, the Federal Government does not assume any
liability for the following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public
interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
o. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary
of the Army, determines that such action would be in the best public interest. The term
of this general permit shall be five (5) years unless subject to modification, suspension or
revocation. Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the United States Government.
p. No activity may occur in a component of the National Wild and Scenic Rivers
System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic
designation or study status. Information on Wild and Scenic Rivers may be obtained
from the appropriate Federal land management agency responsible for the designated
Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service,
etc.)
q. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and
its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. If any properties
subject to the above criteria may be affected by the proposed project, permittees must
submit the information described in Special "a". The permittee may not begin work until
notified by the Corps that the requirements of the NHPA have been satisfied and that the
activity is authorized.
0

r. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this general permit,
you must immediately notify the Wilmington District Engineer of what you have found,
and to the maximum extent practicable, avoid construction activities that may affect the
remains and artifacts until the required coordination has been completed. The
Wilmington District Engineer will initiate the Federal, tribal and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
s. No activity is authorized under this general permit which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal Endangered Species
Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat
of such species. No activity is authorized under any RGP which "may affect" a listed species
or critical habitat, unless Section 7 consultation addressing the effects of the proposed
activity has been completed. Information on threatened and endangered species and their
critical habitat can be obtained directly from the Corps field offices, the USFWS field
offices or at the following web addresses: http://www.fws.gov/ or
http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html. If any listed species or
designated critical habitat maybe affected by the proposed project, permittees must
submit the information described in Special Condition "a". Permittees shall not begin
work until notified by the Corps that the requirements of the ESA have been satisfied and
that the activity is authorized.
t. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the United States Fish and Wildlife Service (Service) in regards to the threatened
Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects
to other federally listed species and/or to federally -designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
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(1) A permittee using a Nationwide Permit (NWP) or a Regional General Permit
(RGP) must check to see if their project is located in the range of the NLEB by
using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• is located in a 12 -digit Hydrologic Unit Code area ("red HUC" - shown as
red areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
hqp://www.fws.gov/asheville/htmis/project_review/NLEB_ in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
hLtps://www.fws.gov/raleigh/NLEB RFO.html.
(2) A permittee must submit a pre -construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and
there is no evidence of bat use, (applies anywhere in the range of the
NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable NWP
terms and general and regional conditions, or all applicable RGP terms and general
and special conditions, and if the permittee's review under A.(1) and A.(2) above
shows that the project is:
• located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
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• located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25 -mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• located in a red HUC, but the activity will NOT include: tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal
agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all General and Regional
Permit Conditions (for NWPs), or RGP general and special conditions (for RGPs) are
met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Pro_ra�m/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at (910) 251- 4633.
u. If the permittee discovers or observes any live, damaged, injured or dead
individual of an endangered or threatened species during construction, the permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This general permit does not authorize any activity prohibited by the National Flood
Insurance Program.
w. The permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
cgd5waterwaysA,uscg.mil.
x. The permittee must maintain any structure or work authorized by this general
permit in good condition and in conformance with the terms and conditions of this
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general permit. The Permittee is not relieved of this requirement if the Permittee
abandons the structure or work. Transfer in fee simple of the work authorized by this
general permit will automatically transfer this general permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform
any subsequent owner of all activities undertaken under the authority of this general
permit and provide the subsequent owner with a copy of the terms and conditions of this
general permit.
y. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a
specific proposal. In such case, the procedures for processing an individual permit in
accordance with 33 CFR 325 will be available.
z. Except as authorized by this general permit or any Corps approved modification
to this general permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
aa. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland
disposal areas.
bb. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this general permit, you must immediately
notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
cc. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this general permit will remain authorized
provided the activity is completed within twelve months of the date of the general
permit's expiration, modification, or revocation. Activities completed under the
authorization of this general permit that were in effect at the time the activity was
completed continue to be authorized by the general permit.
FOR THE COMMANDER:
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Scott McLendon
Chief, Regulatory Division
Wilmington District
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