20060387 Ver 3_401 Application_20090220

NCDENR
February 20, 2009
North Carolina
Department of Environment and
Natural Resources
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
FOREST North Carolina
SERVICE Division of Forest Resources
P N C Wib L. Owen, Director, RF
To: USACE; NC-DWQ; NC-WRC
From: Tom Gerow,Jr. ; Bill Swartley - Forestry Nonpoint Source Branch, NC-DFR
Subject: PCN, NWP27 on "Rendezvous Mountain Stream Restoration Phase 3" - Wilkes Co
Enclosed are applications and supporting documents for the 3"I and final phase of restoration of Purlear Creel: at
Rendezvous Mountain Educational State Forest. Phase 3 consists of restoring 1,600LF. We are providing:
• (5) copies to NC-DWQ 401/Wetlands Unit in Raleigh (hand delivered by NC-DFR)
• (1) copy to USACE Raleigh Field Office (hand delivered by NC-DFR)
• (1) copy to NC-WRC western region coordinator (to be mailed directly by NC-DFR)
Successful restoration of this segment of Purlear Creek will literally `fill the gap' in the overall restoration and
enhancement of the watershed by tying the restored reach of Purlear Creek's headwaters located at the State
Forest, together with the reach of Purlear Creek located downstream on private lands that was restored by NC-
EEP back in 2004/2005. With the completion of Phase 3, there will be an estimated 17,000"-LF of Purlear Creel:
that has been restored.
This final segment of Purlear Creek restoration is a Priority 1 restoration, and will re-locate the stream into a
legacy floodplain area and away from an eroding roadside embankment that supports Mozelles Road (SR1350).
Additionally, this restoration will remove Purlear Creek from its current position alongside Mozelles Road, in
which the stream functions much like a roadside ditch. By re-locating the stream several dozen yards into a
former pasture, we will be able to reduce sediment deposition that occurs now from the gravel-surfaced NCDOT
road and the eroding, un-stabilized road embankment (photos on following page).
The ultimate goal of the watershed restoration on the State Forest is to create habitat and aquatic conditions
suitable for re-introduction and establishment of a viable trout fisheries population. Based upon water
temperature data collected by NC-WRC, the stream should support trout fisheries once the riparian forest buffer is
established and provides adequate shade over the restored stream.
Our stream restoration technical partners at NCSU Department of Biological & Agricultural Engineering, along
s-vith the designated contractor North State Environmental, have conducted tl?e prior two phases of restoration at
the State Forest, and will be completing this project under `-Phase 3'.
We appreciate a timely review and authorization of our
If questions arise in the interim, feel fi-ee to contact eith
Sincerely,
Toni Geronv Jr., RF
BMP Staff Forester
Office: [phone]
C'e11: [phone]
Email: tone. u. ,-eronv(cc?ncmail net
Bill Swartley, Branch Supervisor
Forest Hydrologist
[phone]
[phone]
hill.snvartley a ncmail net
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FEB 2 8 2009
DENR-WATER QIIALMe 1 of2
WETLANDS AND STORMWATER BRANCH
1616 Mail Service Center, Raleigh, NC 27699-1616
Phone: [phone] \ FAX: [phone] \ Internet: ?vww.dl'r.state nc us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50'%o RECYCLED \ I0'4, POST CONSUMER PAPER
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WETLM
A. Applicant Information
Office Use Only:
Corps action ID no.
DWQ project no. 0to-038'1 V 3
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
j 1. Processing
1 a. Type(s) of approval sought from the
Corps:
XD Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes OX No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit j
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
i,
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
? Yes © No ? Yes ©No
if. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of im
t
? If
? Yes
X No
pac
s
so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ? Yes © No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes X No
2. Project Information
2a. Name of project: Rendezvous Mountain Stream Restoration Phase 3 (Purlear Creek)
2b. County: Wilkes, NC
12c. Nearest municipality / town: Wilkesboro
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state
n/a
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: State of North Carolina (Division of Forest Resources)
13b Deed Book and Page No. Book 01087; Page 0029
3c. Responsible Party (for LLC if
applicable): William A Swartley, Forest Hydrologist
••.,?. vu?, ?.? auuicJJ.
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.,
3h. Email address:
10-1b Mall Service center
Raleigh, NC 27699-1616
[phone]
[phone]
bill.swartleyQncmail net
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name.
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
I
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
F5d City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): Parcel Identifier: 3910-92-8509(PART)
1 b. Site coordinates (in decimal degrees): Latitude: 36.209993 Longitude: - 81.305969
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 95 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Purlear Creek
2b Water Quality Classification of nearest receiving water: C
2c. River basin: Yadkin/Pee-Dee
I
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Parcel is part of Rendezvous Mountain Educational State Forest. Land use is a combination of forestland and an
u- iuo, icu NasLui c u iai is Uel g convei LeU W a mixture OT open meadow and forest.
3b. List the total estimated acreage of all existing wetlands on the property:
1.8 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
4,500 ft
3d. Explain the purpose of the proposed project:
Project is the final phase of restoration of Purlear Creek on the State Forest. Project goal is to eliminate sediment loading
i into the creek, re-connect to a functional floodplain and improve fishery and aquatic habitat viability
j 3e. Describe the overall project in detail, including the type of equipment to be used:
Project is a Priority-1 restoration. This phase will re-locate a segment of the creek into a legacy floodplain. Current
stream is situated along a gravel state-maintained road, and has slumping and incised banks. A new channel and
floodplain will be established away from the road by use of tracked excavator and other tracked equipment. j
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: A JD is believed to have been made on the OX Yes ? No ? Unknown
property sometime in 2006, but no documentation can be
found - this is based upon conversations with our technical
partners at NCSU Bio & Ag Eng. Dep't.
4b. If the Corps made the jurisdictional determination, what type
f d
t
i
i
? Preliminary X? Final
o
e
erm
nat
on was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): unknown Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Refer to previous USACE Action ID Numbers provided in Section 5b.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for
this oroiect (including all nrinr nhasesl in tha nact? 0 Yes ? No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
Phase 1:
USACE 200620658: AppDate March 9, 2006; Permit Issue Date April 5, 2006.
NCDWQ 06-0387: AppDate March 8, 2006; Permit Issue Date April 25, 2006.
Phase 2:
USACE SAW-2007-01867: AppDate March 30, 2007; Permit Issue Date May 15, 2007.
NCDWQ 06-0387 ver2: AppDate March 30, 2007; Permit Issue Date May 15, 2007.
Copies of prior issued permits are enclosed for Phase 1 and Phase 2
6. FuPlans
6aIs project? XD Yes ? No
6b. If yes, explain.
This is the 3rd and final phase of this overall restoration project of Purlear Creek on the State Forest. No future restoration
is planned after completion of this Phase 3.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands DX Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
_ _._ .. ...,,.
2 ,,,,Nw, - t-HN 0cu VII LIIC JIIC, ulen compie[ e inis question for each wetland area impacte d.
a.
Wetland impact 2b. 2c. 2d. 2e. 2f.

number -

Permanent (P) or
Type of impact
Type of wetland

Forested Type of jurisdiction

Corps
- 404, 10

rea of impact
Tem orar T if known
( )
DWQ - non-404, other)
(acres)
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
j W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
I
? No
W
El DQ
W5 ? P ? T El Yes ? Corps
? No ?DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2q. Total wetland imnart
2h. Comments: n/a
J. atream impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
?d. 3b.
Stream impact Type of impact

number - 3c.
Stream name 3d.
Perennial 3e.
Type of jurisdiction
A3f.
verage
3g,
Impact

Permanent (P) or (PER) or -
(Corps 404, 10
stream
length
Temporary (T) intermittent DWQ - non-404, width (linear
(INT)? other) (feet) feet)
S1 X P T
? Relocation
Purlear Creek PER
Corps

? INT
? DWQ 14 1,600
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
INT DWQ
?
S5 ?P?T ?P R ? Corps i
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
- ? INT ? DWQ
3h. Total stream and tributarv imnartc
JI. l.Vlnments:
Page 5 of 11
j 4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Tem orar T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: n/a
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.

I P
d ID Wetland Impacts (acres) Stream Impacts (feet) Upland
on Proposed use or purpose
(acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: n/a
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
i
6. Buffer Impacts (for DWQ)
I
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Tem orar T impact required?
f
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: In/al
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Stream relocation is the only alternative to create floodplain access, eliminate channel erosion and improve aquatic habitat
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
New stream channel will be excavated and stabilized in-the-drv conditions hefnra rlivartinn ztran-fl-, fr„.... *k- -1.
2. Compensatory Mitigation for Impacts to Waters of th e U.S. or Waters of the State
i 2a . Does the project require Compensatory Mitigation for ? Yes ?X No
impacts to Waters of the U.S. or Waters of the State?
2b . If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigation option will be used for this ? Mitigation bank
project? E:1 Payment to in-lieu fee program '
? Permittee Responsible Mitigation

3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: n/a
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
41b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm
? cool ?cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
-
4f.
Non-riparian wetland mitigation requested: acres
-
4g.
Coastal (tidal) wetland mitigation requested: acres
acres
111. - 1n 11ci ILJ. EA
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
?aa
[__
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the j
amount of mitigation required.
6c. 6d. 6e. 1
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . Does the project include or is it adjacent to protected riparian buffers identified
i
hi
? Yes X No
w
t
n one of the NC Riparian Buffer Protection Rules?
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
Comments: ? Yes ? No
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? <1 %
2b . Does this project require a Stormwater Management Plan? ? Yes U No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
Project site is located wholly on State Forest which consists of a mixture of forestland and abandoned pasture fields. All
stormwater flow is diffuse flow over vegetated surfaces.
j 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
i
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit j
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HOW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
? Yes ? No i
5b. Have all of the 401 Unit submittal requirements been met? r7 vow r7
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the © Yes ? No
use of public (federal/state) land?
i
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
i
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
l 2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application?
? Yes ®No i
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
i
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? ? Yes ? No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
n/a
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes 0 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ? Yes No
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
www.ncnhp.org; www.saw.usace.army.mil/WETLAND/esa; www.fws.gov/nc-es/es/es.html
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes I? No
61b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh_coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
www.hpo,ncdcr.gov
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes © No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain dete

William A Swartley LLf i

a?
Applicant/Agent's Printed Name e
(Agent's signature is val
id only if an authorization letter from the applicant
is provided.) Date
Page 11 of 11
Map to Rendezvous Mtn. Purlear Creek, Purlear. Wilkes C OLIntt, NC:'
Directions from Raleigh to "Rendezvous Mountain Stream Restoration Phase 3" (Purlear
Creek) Site. Located near the community of Purlear in Wilkes County, NC
Take 1-40 West from Raleigh.
Proceed around Winston-Salem on 1-40W.
On the west side of Winston-Salem, take exit for US421-North to "Wilkesboro/Boone"
Travel through Wilkesboro on US421-North.
On the west side of town about 1 mile past the Lowe's Home Improvement, turn right onto NC
H«x,16-North. There is a CITGO/Blunpies convenience store and car wash at this traffic light
intersection.
"Travel about 2.5 miles on NC16-North to Millers Creek crossroads community-.
Turn left at traffic light in Millers Creek onto Old Highway 421 (SR1304).
There is a Bojangles/SHELL gas-convenience store at this traffic light intersection.
Travel about 2.5 miles on Old-421.
Turn right onto Huffinan/Shingle Gap Road (SRI 346).
There is a PURE gas station/country- store at this intersection.
TniN-c1 about "1 mile to the Stop Sig i1 at Purlear Baptist Church.
'I urn left onto Purlear Road/Old NC60 (51:1317).
Travel about 1/2-mile downhill (just after crossing the creek) bear-right, staring on Purlear Road /
Old NC60.
Tra?,cl about 1/2-mile uphill, Take the first right after the creel, onto "CC Hares Road" (SRI 349).
TraN-ei about 3/4-mile, Turn Left onto ":Mozelles l"oad" (SR1350?.
There is an old cattle corral at this intersection.
Mozelles Road is a gravel 1-lane road with barbed "vice fencing along both sides.
Travel about 1/3-mile on Mozelles Road.
)ust after crossing the wood/timber bridge, you will drive uphill around a sharp curve to the right.
List past this curve, you will see a brick house and paved driveway at the end of the road ahead, and
there will be white colored diamond-shaped propern--boundary signs posted along the right-hand
side of :,NlozeHes Road stating "Rendezvous Mtn Educational State Forest - NC Forest Service".
The stream restoration "Phase 3" site is located down within the former pasture behind
these signs. You can park on the right side of Mozelles Road, just before v_ ou drive onto the
paved driveway... there is a gravel parking "pad" there. ZT,
DO NOT enter the pared driveway or travel beeond the yellow painted gate
The Rendezvous .`Mountain State Forest office phone T is 336,'6 -5072.
Rendezvous Mountain Stream Restoration
Phase 3 Site Map
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Soil Map-Wilkes County. North Carolina
Map Unit Legend
Wi;kes County, North Carolina (NC193)
.............
Map tlnzat Symbol ? Map Unit Namo Acres in ZI Percent of AOI
... i
BrD2 Braddock clay loam, 8 to 28 percent slopes, 0,6 12.4%
eroded
Ck? Chewacla loam, 0 to 2 percent slopes, 4,5 87,6%
frequently flooded
Totals for Area of Interest 5.2 100.0%
-.._................. _ _.. ............... _._... _---- .....__._................. ---- --............. _.._-_.... .._................
Natural Resources Web Soil Survey 2.1 1131/2000
Conservation Service National Cooperative Soil Survey page 3 of 3
tole - 03 S q U 3
Prior
404/401
Permits
Phase 1 & 2
NC-DFR
Purlear Creek @
Rendezvous Mtn
Educ.State Forest
U19@ROW900
FtB 9 0 2009
DENR
WFTLANDSANDST()RA ATp gRANC?I

Subject: Rendezvous Mt. Purlear Creek
From: "Matthews, Monte K SAW" <Monte.h.?Iatthe;[e-mail]? .1u1>
Date: Mon, 11 Jun 2007 13:30:17 -0400
To: "Tom A. Gerow" <Tom.A.Gerow@ncmaiLnet>
Classification: UNCLASSIFIED
Caveats: NONE
Mr. Gerow:
Due to workload and staffing constraints, we were unable to provide timely
formal written verification for impacts proposed in your preconstruction
notification application (PCN) received in our office on March 30. 2007. The
General Condition number 27, which lists the notification requirements for
nationwide permits, states "the prospective permittee shall not begin the activity
unless 45 days have passed from the District En<gineer's receipt of the complete
notification and the prospective permittee has not received written notice from the
District or Division Engineer." Accordingly, on May 15, 2007 the North Carolina
Division of Forestrywas authorized to conduct the work associated with the
stream restoration identified as Rendezvous Mountain Purlear Creek under
nationwide permit number(s) 27, as proposed in the permit application. I have
attached a copy of the applicable permit conditions. I have also attached the
recommendation of the North Carolina Wildlife Resources Commission
concerning this project. Since this is a designated trout county, you must adhere
to the recommendations within their letter. The expiration date for the permit
authorization is May 15, 2009. Please use the following Action ID number when
referring to this project: SAW-2007-01867.
Please note that your work is authorized by the above referenced permit provided
it is accomplished in strict accordance with the permit conditions and your
submitted plans. Any violation of the conditions or deviation from vour submitted
plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action. 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. r
Please let me know if you have any questions regarding this verification, or any of
the conditions of the permit. To request a formal authorization with a signature,
please reply to this e-mail or call Monte Matthews at telephone [phone].
1 of 2
6,11/2()()7 1:54 P`
_.cli?.c,?'• ???i:, _.L i ;il,c_LL ?.LcL:i ?L?\?1???Jii :..?L?
ext ') 0.
Thank you,
Monte Matthews
Project Manager
US Army Corps of Engineers
Raleigh Regulatory Field Office
Tel: [phone], ext 30
Fax: [phone]
Classification: UNCLASSIFIED
Caveats: NONE
2 of 2 6/11/2007 "1 :D-4 1'7\
NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities
in waters of the United States associated with the restoration, enhancement. and establishment of
tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal
streams and other non-tidal open waters, provided those activities result in net increases in
aquatic resource functions and services.
To the extent that a Corps permit is required, activities authorized by this NWP include,
but are not limited to: the removal of accumulated sediments; the installation, removal, and
maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure: the
placement of in-stream habitat structures; modifications of the stream bed and/or banks to restore
or establish stream meanders; the backfilling of artificial channels and drainage ditches. the
removal of existing drainage structures; the construction of small nesting islands; the
construction of open water areas; the construction of oyster habitat over unvegetated bottom in
tidal waters; shellfish seeding, activities needed to reestablish vegetation, including plowing or
discing for seed bed preparation and the planting of appropriate wetland species; mechanized
land clearing to remove non-native invasive, exotic, or nuisance vegetation, and other related
activities. Only native plant species should be planted at the site.
This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and
streams, on the project site provided there are net increases in aquatic resource functions and
services.
Except for the relocation of non-tidal waters on the project site, this NWP does not
authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g.,
stream to wetland or vice versa) or uplands. This NWP does not authorize stream chail neIization.
This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters.
including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open
water impoundments.
Reversion. For enhancement, restoration, and establishment activities conducted: (I) In
accordance with the terms and conditions of a binding wetland enhancement, restoration, or
establishment agreement between the landowner and the U.S. Fish and Wildlife Service (FWS),
the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the
National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), or their
designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and
establishment actions documented by the NRCS or USDA Technical Service Provider pursuant
to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in
accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or
the applicable state agency, this NWP also authorizes any future discharge of dredged or till
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or establishment activities). The reversion must occur
within five years after expiration of a limited term wetland restoration or establishment
agreement or permit, and is authorized in these circumstances even if the dischar0e occurs after
this NWP expires. The five-year reversion limit does not apply to agreements without time limits
reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, or an appropriate state
cooperating agency. This NWP also authorizes discharges of dredged or till material in waters of
the United States for the reversion of wetlands that were restored, enhanced, or established on
prior-converted cropland that has not been abandoned or on uplands, in accordance with a
binding agreement between the landowner and NRCS, FSA, FWS, or their designated state
cooperating agencies (even though the restoration, enhancement, or establishment activity did
not require a section 404 permit). The prior condition will be documented in the original
agreement or permit, and the determination of return to prior conditions will be made by the
Federal agency or appropriate state agency executing the agreement or permit. Before
conducting any reversion activity the permittee or the appropriate Federal or state agency must
notify the district engineer and include the documentation of the prior condition. Once an area
has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory
requirements are applicable to that type of land at the time. The requirement that the activity
result in a net increase in aquatic resource functions and services does not apply to reversion
activities meeting the above conditions. Except for the activities described above, this NWP does
not authorize anv future discharge of dredged or fill material associated with the reversion of the
area to its prior condition. In such cases a separate permit would be required for any reversion.
Reporting: For those activities that do not require pre-construction notification, the
permittee must submit to the district engineer a copy of. (1) The binding wetland enhancement.
restoration, or establishment agreement, or a project description, including project plans and
location map; (2) the NRCS or USDA Technical Service Provider documentation for the
voluntary wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit
issued by OSM or the applicable state agency. These documents must be submitted to the district
engineer at least 30 days prior to commencing activities in waters of the United States authorized
by this NWP.
Notification. The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity (see general condition 27), except for the following"
activities:
(1) Activities conducted on non-Federal public lands and private lands, in accordance
with the terms and conditions of a binding wetland enhancement, restoration, or establishment
agreement between the landowner and the U.S. FWS, NRCS, FSA, NMFS, NOS, or their
designated state cooperating agencies;
(2) Voluntary wetland restoration, enhancement, and establishment actions documented
by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical
Guide standards; or
(3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit
issued by the OSM or the applicable state agency.
However, the permittee must submit a copy of the appropriate documentation. (Sections
10 and 404)
Note: This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks and in-lieu fee programs. However, this NWP does not authorize the reversion
of an area used for a compensatory mitigation project to its prior condition, since compensatory
mitigation is generally intended to be permanent.
2
NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
M) Any safety ,. ? ?ights and signals prescribed by the U.S. Coast Guard through reg
l l " y , ulations
or otherwise, must be installed and maintained at the perrnittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activit}, 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.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a 'shellfish harvesting activity authorized by NWPs 4 and
48.
6. Suitable Material. No activity may use unsuitable material trash, debris. car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity ofa public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment ofwater,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
9. Manauement of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity.
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre-construction course.
condition, capacity, and location of open waters- if it benefits the aquatic environment (e.?,..
stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEiVIA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any wort: below the ordinary high water marl: 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.
13. Removal of Temporary Fills. Temporary tills must be removed in their entirety and
the affected areas returned to pre-construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized Structure or till shall be properly maintained.
including maintenance to ensure public safety.
15. 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).
16. 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.
17. 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. No activity is authorized
4
under any NWP which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district en?cyineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) 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 if the project is
located in designated critical habitat, and shall not begin work oil the activity until-rionfied by file
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-fisted endangered or threatened species or
designated critical habitat, the pre-construction notification nust include the name(s) of the
endangered or threatened species that may be affected by the proposed wort: or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species
and designated critical habitat and will notify the non-Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre-construction notification. In cases
where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) 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.
(e) 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.?,,.. an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) fi-om the
U.S. FWS 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 U.S. FWS and NMFS or their world wide
Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.11 tinI respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre-construction notification must state which historic properties may be affected
by the proposed wort: or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(-)). The district engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts. which may include
background research, consultation, oral history interviews, sample field investigation, and Field
survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre-construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section
106 consultation is required and will occur, the district engineer will notify the non-Federal
applicant that lie or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section I I Ok of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who.
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally si(_,nificantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained fi-om the applicant. SHPO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, 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) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
(b) For NWPs 18, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 3134. 36, 37, and 38,
notification is required in accordance with general condition 27, 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.
6
20. MltlQation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects.
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing,;, or
compensating) 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 losses that exceed 1/10 acre and require pre-construction notification, 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. For
wetland losses of 1/10 acre or less that require pre-construction notification, the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already-meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(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.a., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side ofthe
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Mana<(ement. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements. "
23. Re.,zional and Case-Bv-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. 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 United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14.
with associated bans: stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate

the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions. have the transferee sl,-m and date below."
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized wort: was done in accordance with the NWP
authorization, including anv 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 wort: and mitigation.
27. Pre-Construction Notification. (a) Timin-T. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting apre-construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer. or
(2) Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(8)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.
Subsequently, the permittee's right to proceed under the NWP may be modified, suspended. or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A 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. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the project will be minimal and to
determine the need for compensatory mitigation. 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) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate:
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants 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. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)( l) through (7)
of this general condition. A letter containing the required information may also be used.
(d) A(gency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
10
(2) For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States. the district engineer will immediately
provide (e.g., via facsimile transmission, overnight mail. or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation
Office (THPO), 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 pre-construction 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 pre-construction notification that the resource
agencies' concerns were considered. For NWP 37. the emer`(yencv watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss ofproperty or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NN/IFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(13) ofthe
Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies or pre-construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NN/IFS.
(e) District En!ineer'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. If the proposed activity requires a PCN and will result in a loss of ?_reatcr than
I/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
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 wort: are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. 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 anv conditions the district engineer deerns necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. 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 calendar days of receiving a complete PCN and
determine whether the 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 mitiggation 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 N\VP
subject to the applicant's submission of a mitigation plan 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 plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no wort: in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
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 anv existing or proposed Federal project.
DEFINITIONS
Best management practices (BiVIRO: Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration, establishment (creation), enhancement. or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Discharge: The term `'discharge" means any discharge of dredged or till material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but nav also lead to a
12
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral 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. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (c7°(,-dtion): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Propertv: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the hiterior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete 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.
Lass of ivaters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because ofthe regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an N WP: it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily tilled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction.
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(0 of the Clean Water Act are not'
considered when calculating the loss of waters of the United States.
Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands conti;_guous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open irate : For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
13
flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams. lakes. and ponds.
Ordinarv High Water Mark: An ordinary high water marl: is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for 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.
Practicable: Available and capable of being done after taking into consideration cost.
existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a `lain in
aquatic resource area.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the aoal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and2ool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough now, a turbulent surface.
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity; a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, throuUh
14
Which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Sirtizle and complete project.- The term "single and complete project" is defined at 33
CFR 3302(i) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbodv 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, and crossings of such features cannot be considered separately.
Stormwater 177anagemer7l: 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.
Stornauwter management facilities: Stormwater management facilities are those facilities.
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Sth'eCnll becl: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands Contiguous to the stream bed. but outside of the ordinary high water marks. are not
considered part of the stream bed.
Stream chanrWli_ation: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structan-e: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal u?etlancl: A tidal wetland is a wetland (i.e., water of the United States) 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(1), 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. which is defined at 33 CFR 328.3(d).
I?
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)( I)
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.
Waterbodv: For purposes of the NWPs. a waterbody is ajurisdictional water of the
United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water marl: (OHWM) or other
indicators ofjurisdiction can be-determined, as weii as any wetland area (see 33 CFR 328.3(b)).
If a jurisdictional wetland is adjacent--meaning, bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR
328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands.
16
REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are: - I.I. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous lish
spawning areas are excluded during the period between February 1 and June 30. without prior
written approval from NCDMF or NCWRC and the Corps.
1.2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties ofNorth Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section 1. b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all N WP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre-Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28M'
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: ,Avery, Cherokee, Forsyth, Graham. Haywood.
17
Henderson, Jackson, Macon N/lecklenburU', Mitchell, Stokes, Surrv, Swain, Transvlvania, Union
and Yancey.
Website and office addresses for Endamuered SDecleS Act Information:
The Wilmington District has developed the following website for applicants which provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
i requirements. _
httn:ri?yww.sativ.usace.armv.mil%wetland?%FS ?l
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Army Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville. NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanlv, Davidson. Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and includin?(T
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.' v
2.2. Special Designation Waters
Prior to the use of anv NWP in anv of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nurserv Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
18
2.3. Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities for non-Federal projects 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).
2. 4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina. applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
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 Bogs Piedmont Booms
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
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, inClUdln-u,
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
19
Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of an%, potential
impacts to desi?(nated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of tile notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region
Coordinator Alleghany Caldwell Watauza
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surrv

Mr. Dave McHenry
Mountain Region Coordinator Buncombe Henderson Poll:
20830 Great Smoky 11tH.
Expressway Cherokee Jackson Rutherford
Waynesville. NC 28786 Clav Nlacon Swain
Telephone: [phone] Graham Madison Trans Ivain ia
Fax: [phone] Haywood McDowell Yance
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of `=reater than
300 total linear feet -of perennial streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold
for NWPs. Mitigation-may still be required for impacts to ephemeral and intermittent streams.
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
20
3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. IfaNWP has specific notification requirements, the requirements ofthe NWP
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs 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.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the followin<"
measures shall be applied: `
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted wort: plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
21
3.5.6. A waiver fi-om the specifications in this Regional Condition may be requested in writinul.
The waiver will only be issued if it can be demonstrated that the impacts of complying %vith this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. 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 in
connection with the construction activity. The width, height, and gradient of a proposed openin`u
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
Ili the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as desiyunated by CANYIA. and/or alI streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
P o advra j
Ci-ilvert buried
Approach Fill Fati}cfull below stieimTibed
to appropmte
depth (ifreg1.U'TeLt1.
stream
Bottom
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage. and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.

3.7. Notification to NCDENR Shellfish Sanitation Section
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 from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November- i and April 30-wren recreational usage is low. Only
clean sand should be used and no dredged sand Prom closed shell fishinu areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shel I
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required For NWP 927 - Aquatic Habitat Restoration.
Establishment, and Enhancement Activities.
4.1 If you are under contract to the North Carolina Ecosystem Enhancement Pro-gram (NCEEP)
and are supplying a Pre-construction Notification (PCN) for impacts associated with a mitigation
project that will be used to supply mitigation credits to EEP, the PCN must include a cover letter
from the NCEEP stating that they have reviewed and approved your restoration plan.
23
NC DIVISION OF WATER QUALITY - GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality.
Wetlands/401 Certification Unit at [phone] or access the followinu website:
http://h2o.eiii-.state.nc.us/'iicwetl,iiids,;Icei,ts.litiiii
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.enr.state, nc us/Permits/consist him
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians.
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reser%ation.
These Tribal General Conditions are located on the Corps website at:
http:,,/kvvvw.saNv.usace armv mil/WE'I_[ :?NDSiNWP2007/EBCI-certs.html
Citations:
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register / Vol. 72, No. 88 / Tuesdav. Mav 8,
2007 / Notices p26082
2007 SAW Regional Conditions - Authorized June 1, 2007
This and other information can be found on the Corps web site at:
http://%vvvw.savv.usace armv mil/WETI ANDS/NWP''007%nationvv!icie pcrrnits litml
24

North Carolina Wildlife Resources Commissioll
Richard B. Hamilton, Executive Director
TO: Monte Matthews, USACOE
Raleigh Regulatory Field Office
ti?;rJ
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: April 5, 2007
SUBJECT: NC Division of Forest Resources, Rendezvous ti1ountain PUrlcar Crcck Sncan RCstor;uion
NC'DWQ 200 7060387 v. 2, Wilkes Countv
North Carolina NC Division of Forest Resources (NCDFR) proposes to provide stream and wetland restoration it
Rendezvous Mountain. Biologists with the North Carolina Wildlife Resources Commission are famili:u with habit:n
values in the area. These comments are provided in accordance with the provisions of file Fish and Wildhl'c
Coordination Act (48 Stat. 401, as amended: 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act
(G.S. 113A-1 through 113A-10: NCAC 25).
NCDFR proposes to relocate portions of the referenced stream and reconnect the stream to.its Iloodplain. \Vctl::nds
kvill he restored by plugging agricultural drainage ditches. The project will include a 75' vegetated buffo ionc
along the restored stream channel. Total stream impacts will be 1825 linear feet of stream and 0.1 acre uf' ?ctlands.
Based on our review of the suhmittal and our knowledge ofarea habitats, we will not object to the projcct procidinu,
the following conditions are implemented:
I . State-of-the-art natural channel design methodologies and techniques should be used.
2. Cattle exclusion should be provided for the entire reach. 11-a cattle crossing is needed, it sitouid he
accomplished using MRCS Best Management Practices (BMP) that ensure fish 111d a(JLKM 1110
passage. Equipment fords provided for the site should meet these same passage requirentcnts.
3. Only autochthonous plants should be used For the restoration.
4. Nlaxinunt available buffers should be as wide as practicable. We recommend 100' perennial and 50'
intermittent buffers on each side of-tic stream whenever practicable.
5. Permanent protective conservation easements should be pro%idcd for the stream restoration projcct.
6. We recommend the project use annual grains for temporary seeding and slahilizition as %?cll as hiu-
degradable natural Fiber matting instead of plastic materials that entrap small aninrtls. 1'l:tnt species
that may preclude other species development should be avoided unless they provide a desired ulfeet.
Thank you for the opportunity to rep iew and comment on this projcct during the early planning stages. I F Vou lla c
any questions regarding (hese comments. please contact me at 336-769-9-153.
E-copy: Daryl Iamb. D\VQ-WSRO
"vlafling Address: Division of Inland Fisheries 172 1 :Mail Service Center R iei??h, N(' 2701)1) 721
Telephone: [phone]?2-0 • t:ax: [phone]
?Q% O Michael F. Easley, Governor
-? r
0 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2007
DWQ# 06-0387, Version 2
Wilkes County
Mr. William A. Swartley
North Carolina Division of Forest Resources
Forestry NPS Unit
1616 Mail Service Center
Raleigh, NC 27699-1616
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Swartley:
The North Carolina Division of Forest Resources has our approval, in accordance with the attached
conditions, to conduct stream restoration, enhancement, and preservation activities along a total of 1,825
linear feet of Purlear Creek and to fill drainage ditches and remove fill material on 0.1 acre of herbaceous
wetlands, all located within the Rendezvous Mountain Educational State Forest in Wilkes County as described
in your application received by the Division of Water Quality on March 30,- 2007. After reviewing your
application, we have determined that this activity is covered by General Water Quality Certification Number
3626, which can be viewed on our web site at http://www.ncwatergualLty.org/wetlands.html. This
Certification allows you to use Nationwide Permit Number 27 when it is issued by the U.S. Army Corps of
Engineers. In addition, you should secure any other applicable federal, state or local permits before you
proceed with your project, including (but not limited to) those required by Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the
accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. For this approval to be valid,
you must follow the conditions listed in the attached certification, as well as the additional conditions
listed below:
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Streams
i
_ 1,825 linear feet Purlear Creek located within the Rendezvous Mountain
Educational State Forest in Wilkes County
F
N f` Carolina
Natura!!y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Intemet htto:Nwww ncwatemuality ora
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50',. Recycled1105. Post Consumer Paper

Mr. William A. Swartley
Page 2, DWQ# 06-0387, Version 2
May 15, 2007

Amount Approved Plan Location or Reference
Wetlands 0.1 acre Herbaceous wetlands located within the Rendezvous
Mountain Educational State Forest in Wilkes County
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class WS-IV waters as described in 15A NCAC 02B .0216 Fresh Surface Water
Quality Standards For Class WS-IV Waters. Such measures must equal or exceed the requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual.
These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor owned and leased borrow pits, which are associated with the project.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. If riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The design grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the streambed must be inserted into the bed matrix to a depth sufficient to
provide the thickness of riprap required for scour protection. The elevation of the streambed must not be
increased by the placement of riprap. Placement of riprap must not result in destabilization of the
streambed or banks upstream or downstream of any crossing.
6. Upon completion of the project, the Applicant shall fill out and return the enclosed "Certificate of----- -
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
finished. This certificate should be returned to the Winston-Salem Regional Office of the NC Division
of Water Quality at the address listed on the form. Along with the Certificate of Completion, please
send photographs showing the restored stream reach and wetland area.
If you do not accept any of the conditions of this certification, 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
Mr. William A. Swartley
Page 3, DWQ# 06-0387, Version 2
May 15, 2007
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at (336)
771-4959 or Ian McMillan in the Central Office in Raleigh at [phone].
Sincerely,
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Dr. Greg Jennings, Ph.D., P.E., Biological and Agricultural Engineering Department, Campus Box
7625, N. C. State University, Raleigh, NC 27695-7625

WQC #3626
GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (AQUATIC HABITAT
RESTORATION, ESTABLISHMENT AND ENHANCEMENT ACTIVITIES) AND REGIONAL
PERMIT 197800080 (CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003 and
WQC Number 3495 issued March 28, 2003. This WQC is rescinded when the Corps of
Engineers reauthorize Nationwide Permits 13 or 27 or Regional Permit 197800080 or when
deemed appropriate by the Director of the Division of Water Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions set forth.
Conditions of Certification:
Wetland and/or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and not including
projects that only involve stream restoration or enhancement work described in
condition nos. 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality. All
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality's Central Office in Raleigh. This 30-day period does not include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mail systems;
Wetland and riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality. In these cases, the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs. If the
Division determines that the project would not result in an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
- - - in writing within 30 days of DWQ's receipt of the notification. In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval
from the Division of Water Quality, and, therefore, do not require payment of an

WQC #3626
application fee to the Division of Water Quality. Projects that are intended for
compensatory mitigation or compensatory mitigation credit, that are intended to
resolve a violation, or that are in association with a development project shall require
an application, fee, and written concurrence from the Division of Water Quality.
Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and floodprone areas to
its natural or referenced, stable conditions considering recent and future watershed
conditions. This biological and chemical integrity, including transport of water and
sediment is produced by the stream's watershed in order to achieve dynamic
equilibrium. The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs. If
the Division determines that the project does not meet the above definition of stream
restoration, then the Division shall notify the applicant in writing within 30 days of
receipt of the application. In such cases, the applicant will be required to submit a
formal application and pay of the appropriate fee, and DWQ will be required to
process the application through normal procedures;
3. Stream enhancement projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation, do
not require written application to and approval from the Division of Water Quality,
and, therefore, do not require payment of an application fee to the Division of Water
Quality. Projects that are intended for compensatory mitigation or compensatory
mitigation credit, that are intended to resolve a violation, or that are in association
with a development project shall require an application, fee, and written concurrence
from the Division of Water Quality.
4. Stream enhancement is defined as the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function.
These practices must only be conducted on streams that are not experiencing
severe aggradation or erosion. Stream enhancement does not include the relocation
of the stream channel. Stream enhancement bank stabilization techniques include
the use of woody vegetation as the primary means of long term stability, and "soft"
techniques such as root wads that encourage the establishment of dense woody
vegetation. Stream enhancement techniques do not typically include the use of
stream bank or bed hardening techniques such as rip-rap or other rock, gabion,
block or concrete structures. However, enhancement activities may also include the
placement of in stream habitat or grade control structures such as cross vanes, j-
hook vanes, and wing deflectors that do not affect the overall dimension, pattern, or
profile of a stable stream.
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes the use of in stream structures. If the Division determines that the project
does not meet the above definition of stream enhancement, then the Division shall
notify the applicant in writing with an explanation within 30 days of receipt of the
notification to require application and payment of the appropriate fee;
5. Stream stabilization projects that include the use of any structure or fill in the existing
stream bed or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality.
WQC #3626
Stream stabilization is defined as the in-place stabilization of an eroding stream
bank using measures that consist primarily of "hard" engineering, such as but not
limited to concrete lining, rip rap or other rock, and gabions. The use of "hard"
engineering will not be considered as stream restoration or enhancement;
6. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence for this Certification
from DWQ in accordance with 15A NCAC 213.0200. 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 and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. 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. In order for the above conditions to be valid, any plans not requiring written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality. If written concurrence is required, then the project
must be built and maintained according to the plans approved by the written
concurrence and Certification from the Division of Water Quality;
8. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Erosion and Sediment
Control Planning and Design Manual" or "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices) shall be designed, installed and maintained
properly to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified trout
waters);
9. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project;
10. Any rip-rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures. If rip-rap is to be installed within the streambed, the amount
and location must be approved in writing by the Division of Land Resources and
Division of Water Quality. However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable;
11. Measures shali be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
12. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact or Record of Decision is issued by the State
Clearinghouse;

WQC #3626
13. Additional site-specific conditions may be added to projects which require written
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
14. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written
concurrence to use this Certification regardless of the proposed impact amount to
streams, wetlands, and waters;
15. 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 the notification sent
to DWQ;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design
Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
WQC #3626
Non-compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
AL4,
Alan W. Klimek, P.E.
Director
WQC # 3626
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200620658 County: Wilkes
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: North Carolina Division of Forest Resources
Mailing Address
William A. Swartley
1616 Mail Service Center
Raleigh, North Carolina 27699
Telephone No.: [phone]
Authorized Agent:
Mailing Address:
Telephone No.: [phone]
Location of property (road name/number, town, etc.): Rendezvous Mountain Educational State Forest property
located off of SR 1350, north of Purlear, in Wilkes County, North Carolina. The project is located adjacent to
Purlear Creek
Site Coordinates: 36.2135152 ON 81.3066002 °W USGS Quad: Purlear
Waterway: Purlear Creek River Basin: Yadkin HUC: 03040101
Description of projects area and activity (see page 2 for a summary of authorized impacts): Proposed stream / wetland
restoration project as described in your construction plan included with your application of March 09, 2006, to
restore 650 linear feet of stream channel and 2.4 acres of wetlands of the jurisdictional waters of Purlear Creek.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 27
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 will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. 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 requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water 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 approvals/permits.
If there are any questions regarding thi erification, of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas elephone (9 ) r6-8441, ext 25.
Corps Regulatory Official Date: 04/05/2006 Verification Expiration Date: 03/18/2007
Copy Furnished:
Page 1 of 2
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 the
jurisdictional determination issued on (Action ID: ).
Basis of Jurisdictional Determination: earn channel on site that are tributaries to Purlear Creek which flows into the Yadkin
River and the Atlantic Ocean. '
Corps Regulatory Official Date: 04/05/2006 Determination Expiration Date: 03/18/2007
Summarv of Authorized Impacts and Required Mitigation
Action ID NWP / GP Open Water (ac) Wetland (ac) Unimportant Steam (If) Important Stream (If)
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Pertanent
200620658 27

Impact Totals 0 0 0 0 0 0 0 0
Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (If) 0
Required Wetland Mitigation (ac) 0 Required Stream Miti ation (If)
Additional Remarks and/or Special Permit Conditions:
No permanent jurisdictional impacts / restoration of 650 linear feet of stream channel and 2.4 acres of wetlands of
the jurisdictional waters of Purlear Creek.
Page 2 of 2
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 200620658
County: Wilkes
Permittee: North Carolina Division of Forest Resources William A. Swartley
Date Permit Issued: 04/05/2006
Project Manager: John Thomas
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
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
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
NOTIFIOATI.O
N OF : ADMIMSTRAT-LVE° APPEAL OPTT * NS D PROCES S AND
_
REQ17ESTOR APPEAL
.
Applicant: North Carolina Division of Forest File Number: 200620658 Date: 04/05/2006
Resources William A. Swartlev
At tached is. See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at htti)://www.usace.arTny.mil/inet/ftmctions/cw/cecwo/reg or
Corps regulations at 3 3 CFR Part 3 31.
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 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.
• 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.
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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions re ardin the appeal process you
and/or the appeal process you may contact: may also contact: Afll-
John Thomas Mr. n, Administrative Appeal Review
Raleigh Regulatory Field Office Officer
US Army Corps of Engineers CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 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.
DIV
ISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Stream and Wetland Restoration Activities. Activities in waters of the United States
associated with the restoration of former waters, the enhancement of degraded tidal and non-tidal
wetlands and riparian areas, the creation of tidal and non-tidal wetlands and riparian areas, and
the restoration and enhancement of non-tidal streams and non-tidal open water areas as follows:
1. The activity is conducted on:
a. Non-Federal public lands and private lands, in accordance with the terms and
conditions of a binding wetland enhancement, restoration, or creation agreement between the
landowner and the U.S. Fish and Wildlife Service (FWS) or the Natural Resources Conservation
Service (MRCS), The National Marine Fisheries Service (NMF), the National Ocean Service
(NOS) or voluntary wetland restoration, enhancement, and creation actions documented by the
NRCS pursuant to NRCS regulations; or
b. Reclaimed surface coal mined lands, in accordance with a Surface Mining Control and
Reclamation Act permit issued by the Office of Surface Mining or the applicable state agency
(the future reversion does not apply to streams or wetlands created, restored, or enhanced as
mitigation for the mining impacts, nor naturally due to hydrologic or topographic features, nor
for a mitigation bank); or
c. Any other public, private or tribal lands;
2. Notification: For activities on any public or private land that are not described by
paragraphs (1)(a) or (1)(b) above, the permittee must notify the District Engineer in accordance
with General Condition I'); and
3. Planting of only native plant species should occur on the site.
Activities authorized by this nationwide permit include, to the extent that a Corps permit is
required, but are not limited to: the removal of accumulated sediments; the installation, removal,
and maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or creation of riffle and pool stream structure; the
placement of in-stream habitat structures; modifications of the stream bed and/or banks to restore
or create stream meanders; the backfilling of artificial channels and drainage ditches; the removal
of existing drainage structures; the construction of small nesting islands; the construction of open
water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; activities
needed to reestablish vegetation, including plowing or discing for seed bed preparation and the
NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Stream and Wetland Restoration Activities. Activities in waters of the United States
associated with the restoration of former waters, the enhancement of degraded tidal and non-tidal
wetlands and riparian areas, the creation of tidal and non-tidal wetlands and riparian areas, and
the restoration and enhancement of non-tidal streams and non-tidal open water areas as follows:
1. The activity is conducted on:
a. Non-Federal public lands and private lands, in accordance with the terms and
conditions of a binding wetland enhancement, restoration, or creation agreement between the
landowner and the U.S. Fish and Wildlife Service (FWS) or the Natural Resources Conservation
Service (MRCS), The National Marine Fisheries Service (NMF), the National Ocean Service
(NOS) or voluntary wetland restoration, enhancement, and creation actions documented by the
NRCS pursuant to NRCS regulations; or
b. Reclaimed surface coal mined lands, in accordance with a Surface Mining Control and
Reclamation Act permit issued by the Office of Surface Mining or the applicable state agency
(the future reversion does not apply to streams or wetlands created, restored, or enhanced as
mitigation for the mining impacts, nor naturally due to hydrologic or topographic features, nor
for a mitigation bank); or
c. Any other public, private or tribal lands;
2. Notification: For activities on any public or private land that are not described by
paragraphs (1)(a) or (1)(b) above, the permittee must notify the District Engineer in accordance
with General Condition 13; and
3. Planting of only native plant species should occur on the site.
Activities authorized by this nationwide permit include, to the extent that a Corps permit is
required, but are not limited to: the removal of accumulated sediments; the installation, removal,
and maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or creation of riffle and pool stream structure; the
placement of in-stream habitat structures; modifications of the stream bed and/or banks to restore
or create stream meanders; the backfilling of artificial channels and drainage ditches; the removal
of existing drainage structures; the construction of small nesting islands; the construction of open
water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; activities
needed to reestablish vegetation, including plowing or discing for seed bed preparation and the
planting of appropriate wetland species; mechanized landclearing to remove non-native invasive,
2
exotic or nuisance vegetation; and other related activities.
This NWP does not authorize the conversion of a stream to another aquatic use, such as the
creation of an impoundment for waterfowl habitat. This NWP does not authorize stream
channelization. This NWP does not authorize the conversion of natural wetlands to another
aquatic use, such as creation of waterfowl impoundments where a forested wetland previously
existed. However, this NWP authorizes the relocation of non-tidal waters, including non-tidal
wetlands, on the project site provided there are net gains in aquatic resource functions and values.
For example, this NWP may authorize the creation of an open water impoundment in a non-tidal
emergent wetland, provided the non-tidal emergent wetland is replaced by creating that wetland
type on the project site. This NWP does not authorize the relocation of tidal waters.or the
conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion
of tidal wetlands into open water impoundments.
Reversion. For enhancement, restoration, and creation projects conducted under paragraphs
(1)(a), this NWP does not authorize any future discharge of dredged or fill material associated
with the reversion of the area to its prior condition. In such cases a separate permit would be
required for any reversion. For restoration, enhancement, and creation projects conducted under
paragraphs (1)(a) and (1)(b), this NWP also authorizes any future discharge of dredged or fill
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or creation activities). The reversion must occur within
five years after expiration of a limited term wetland restoration or creation agreement or permit,
even if the discharge occurs after this NWP expires. This NWP also authorizes the reversion of
wetlands that were restored, enhanced, or created on prior-converted cropland that has not been
abandoned, in accordance with a binding agreement between the landowner and NRCS or FWS
(even though the restoration, enhancement, or creation activity did not require a Section 404
permit). The five-year reversion limit does not apply to agreements without time limits reached
under paragraph (1)(a). The prior condition will be documented in the original agreement or
permit, and the determination of return to prior conditions will be made by the Federal agency or
appropriate state agency executing the agreement or permit. Prior to any reversion activity, the
permittee or the appropriate Federal or State agency must notify the District Engineer and
include the documentation of the prior condition. Once an area has reverted back to its prior
physical condition, it will, be subject to whatever the Corps regulatory requirements will be at
that future date. (Sections 10 and 404)
Note: Compensatory mitigation is not required for activities authorized by this NWP,
provided the authorized work results in a net increase in aquatic resource functions and values in
the project area. This NWP can be -used to authorize compensatory mitigation projects, including
mitigation banks, provided the permittee notifies the District Engineer in accordance with
General Condition 13, and the project includes compensatory mitigation for impacts to waters of
the United States caused by the authorized work. However, this NWP does not authorize the
reversion of an area used for a compensatory mitigation project to its prior condition. NWP 27
can be used to authorize impacts at a mitigation bank, but only in circumstances where it has
been approved under the Interagency Federal Mitigation Banks Guidelines.
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.
4
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)). '
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 regior_ al 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
5
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.nfms.noaa.gov/prot
res/overview/es.html respectively.
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:
6
I . Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
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(f));
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:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse; ..
ii. A statement that the single-family housing activity is for a personal residence
of the permittee;
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
7
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(0);
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 NWP 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 NWT, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee 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
8
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
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 NW, 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);
IT 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 wiffi.-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
9
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 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,
10
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 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)(9)(iii) for parcels less than
01/4\-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
11
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).
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
12
(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
M;tigatinn (P (Y , strea?r. 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
most appropriate form of compensatorymitigation, 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.
13
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
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
14
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
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 NWP.
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): BMPs 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 BMP policy may
15
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.
Ephemeral 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").
Fooodway: 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 of 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
16
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 ofwaters 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. 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- rade Fill: 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.
Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
17
Single and Complete Project: The term "single and complete project" is defined at 33 CFR
330.2(1) 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.
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.
Vegetated 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
18
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
mare- anal estuarirte systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody: 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.
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 NWP. 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).
19
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.
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 Bogs 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
20
Buncombe Burke
Cherokee Clay
Haywood Henderson
Macon Madison
Mitchell Polk
Transylvania Watauga
Caldwell Wilkes
Graham Swain
Jackson Surry
McDowell Stokes
Rutherford
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, 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 21
Approach Fill
Bank£ull
Culvert buried
below streambed
to appropriate
Stream depth
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
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GC3353
1. Wetland and/or riparian area restoration and creation projects (not including projects that only
involve stream restoration or enhancement work described in condition nos. 2 and 3 that are
proposed under this General Certification require written application to and approval from the
Division of Water Quality except as specified below; Wetland and riparian area restoration and
creation projects (not including projects that involve work in or impacts to streams) which are
not for compensatory mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of Water
Quality if they are projects undertaken by the N.C. Wetlands Restoration Program, Clean Water
Management Trust Fund, U.S. Natural Resources Conservation Service or Section 319 projects.
In these cases, the applicant is required to notify the Division in writing with three copies of
project specifications before the impact occurs. If the Division determines that the project would
not result in an ecologically viable wetland and riparian area, then the Division shall notify the
applicant in writing within 30 days of receipt of the notification. In such cases, the applicant will
be required to submit a formal application and pay of the appropriate fee, and DWQ will be
required to process the application through normal procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or compensatory
mitigation credit do not require written application, to and approval from the Division of Water
Quality, and, therefore, do not require payment of an application fee to the Division of Water
Quality. Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and flood prone areas to its natural or
referenced, stable conditions considering recent and future watershed conditions. This biological
and chemical integrity, including transport of water and sediment is produced by the stream's
watershed in order to achieve dynamic equilibrium. The applicant is required to notify the
Division in writing with three copies of detailed restoration plans and specifications before the
impact occurs. If the Division determines that the project does not meet the above definition of
stream restoration, then the Division shall notify the applicant in writing within 30 days of
22
receipt of the application. In such cases, the applicant will be required to submit a formal
application and pay of the appropriate fee, and DWQ will be required to process the application
through normal procedures;
3. Stream enhancement projects (as defined and limited below), that do not disturb wetlands and
that are not being conducted for compensatory mitigation or compensatory mitigation credit and
do not include any stream channel relocation, do not require written application to and approval
from the Division of Water Quality, and, therefore, do not require payment of an application fee
to the Division of Water Quality. Stream enhancement is the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function. These
practices must only be conducted on streams that are not experiencing severe aggradation or
erosion. Stream enhancement does not include the relocation of the stream channel.
Stream enhancement bank stabilization techniques include the use of woody vegetation as the
primary means of long-term stability, and "soft" techniques such as root wads that encourage the
establishment of dense woody vegetation. Stream enhancement techniques do not typically
include the use of stream bank or bed hardening techniques such as riprap or other rock, gabion,
block or concrete structures. However, enhancement activities may also include the placement of
in stream habitat or grade control structures such as cross vanes, j-hook vanes, and wing
deflectors that do not affect the overall dimension, pattern, or profile of a stable stream. The
applicant is required to notify the Division in writing with three copies of detailed enhancement
plans and specifications before the impact occurs if the stream enhancement project disturbs
greater than 500 feet of stream bank or if the project proposes the use of in stream structures. If
the Division determines that the project does not meet the above definition of stream
enhancement, then the Division shall notify the applicant in writing with an explanation within
30 days of receipt of the notification to require application and payment of the appropriate fee;
4. Stream stabilization projects that include the use of any structure or fill in the existing stream
bed or disturb greater that 500 feet of stream bank that are proposed under this General
Certification require written application to and approval from the Division of Water Quality.
Stream stabilization is defined as the in-place stabilization of an eroding stream bank using
measures that consist primarily of "hard" engineering, such as but not limited to. concrete lining,
rip rap or other rock, and gabions. The use of "hard" engineering will not be considered as stream
restoration or enhancement;
5. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence for this Certification from DWQ in accordance with
15A NCAC 2B.0200. 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 and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
23
practicable through the use of best management practices;
6. In order for the above conditions to be valid, any plans not requiring written concurrence to
use this Certification must be built according to the plans provided to the Division of Water
Quality. If written concurrence is required, then the project must be built and maintained
according to the plans approved by the written concurrence and Certification from the Division
of Water Quality;
7. Appropriate sediment and erosion control practices which equal or exceed those outlined in
the most recent version of the "North Carolina Erosion and Sediment Control Planning and
Design Manual" or "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources at the DENR Regional and Central Offices) shall
be designed, installed and maintained properly to assure compliance with the appropriate
turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by
DWQ; 25 NTUs in all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified
trout waters);
8. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the original grade restored after the Division of Land Resources or delegated program has
released the project;
9. Any riprap shall be of such a size and density so as not to be able to be carried off by wave or
current action and consist of clean rock or masonry material free of debris or toxic pollutants.
Riprap shall not be installed in the streambed except in specific areas required for velocity
control and approved by the Division of Land Resources and Water Quality. However rock
vanes, wing deflectors, and similar structures for grade control and bank protection are
acceptable;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
11. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact or Record of Decision is issued by the State Clearinghouse;
12. Additional site-specific conditions may be added to projects, which require written
concurrence under this Certification in order to ensure compliance with all applicable water
quality and effluent standards;
13. 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 the notification sent to DWQ.
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
24
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
25
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
25
o? wATp
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Mr. William A. Swartley
North Carolina Division of Forest Resources
Forestry NPS Unit
1616 Mail Service Center
Raleigh, NC 27699-1616
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Swartley:
April 25, 2006
DWQ# 06-0387
Wilkes County
The North Carolina Division of Forest Resources has our approval, in accordance with the attached
conditions, to conduct stream restoration, enhancement, and preservation activities along a total of 650 linear
feet of an unnamed tributary to Purlear Creek and to fill drainage ditches and remove fill material on 2.4 acres
of herbaceous wetlands, all located within the Rendezvous Mountain Educational State Forest in Wilkes
County as described in your application received by the Division of Water Quality on March 8, 2006 and in
additional information received on April 18, 2006. After reviewing your application, we have determined that
this activity is covered by General Water Quality Certification Number 3495, which can be viewed on our
web site at http://www.ncwateEqualitv.orbwetlands.html. This Certification allows you to use Nationwide
Permit Number 27 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any
other applicable federal, state or local permits before you proceed with your project, including (but not limited
to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed
regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. For this approval to be valid,
you must follow the conditions listed in the attached certification, as well as the additional conditions
listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Streams 650 linear feet Unnamed tributary to Purlear Creek located within the Rendezvous
Mountain Educational State Forest in Wilkes County

North Caroltna
Naturally
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 ;Mail Service Center Raleigh. NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh. NC 27604-2260 Internet http://www.ncwaterguaiity.orq
Customer Service Number: 1-877-623-6748
Michael F. Easley. Governor
v i u rn ( Rc„ J_ : ec rr.
Lorth Farr ?na Ceoarnr.nt rn itonm t an' NULL ,-a 1 R? cu
elan W. Kl mek. P.E. Director
Division of Water Quaiip
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. William A. Swartley
Page 2, DWQ# 06-0387
Apri125, 2006
Amount Approved Plan Location or Reference
Wetlands 2.4 acres Herbaceous wetlands located within the Rendezvous
Mountain Educational State Forest in Wilkes County

2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class WS-IV waters as described in 15A NCAC 02B .0216 Fresh Surface Water
Quality Standards For Class WS-IV Waters. Such measures must equal or exceed the requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual.
These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor owned and leased borrow pits, which are associated with the project.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. The replacement culvert required for this project shall be installed in such a manner that the design
stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Design stream dimensions (including the pattern and profile) are to be maintained above
and below the location of the culvert. The culvert shall be designed and installed to prevent head cutting
of the stream. If the culvert becomes perched, the appropriate stream grade shall be re-established or, if
the culvert is installed in a perched manner, the culvert shall be removed and re-installed correctly. The
Applicant must submit a plan and receive written approval from this Office to address any head cutting
that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
6. If riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The design grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the streambed must be inserted into the bed matrix to a depth sufficient to
provide the thickness of riprap required for scour protection. The elevation of the streambed must not be
increased by the placement of riprap. Placement of riprap must not result in destabilization of the
streambed or banks upstream or downstream of any crossing.
7. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Mr. William A. Swartley
Pate 3. DWQ# 06-0387
Aorii 25, 2006
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs showing
all restored stream reaches and the culvert installation site.
If you do not accept any of the conditions of this certification, 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at (336)
771-4959 or Ian McMillan in the Central Office in Raleigh at [phone].
Sincerely,
r Crime.-?.
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
;ertificate of Completion
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 /Wetlands Unit, North
Carolina Division of Water Quality. 1621 Mail Service Center,. Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.: Date:
WQC #3495
STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080
(CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 213 .0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or
Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water
Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions set forth.
Conditions of Certification:
Wetland and/or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and not including
projects that only involve stream restoration or enhancement work described in
condition nos. 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality. All
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality's Central Office in Raleigh. This 30-day period does not include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mail systems;
Wetland and riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality. In these cases, the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs. If the
Division determines that the project would not result in an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
in writing within 30 days of DWQ's receipt of the notification. In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval
WQC #3495
from the Division of Water Quality, and, therefore, do not require payment of an
application fee to the Division of Water Quality. Projects that are intended for
compensatory mitigation or compensatory mitigation credit, that are intended to
resolve a violation, or that are in association with a development project shall require
an application, fee, and written concurrence from the Division of Water Quality.
Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and floodprone areas to
its natural or referenced, stable conditions considering recent and future watershed
conditions. This biological and chemical integrity, including transport of water and
sediment is produced by the stream's watershed in order to achieve dynamic
equilibrium. The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs. If
the Division determines that the project does not meet the above definition of stream
restoration, then the Division shall notify the applicant in writing within 30 days of
receipt of the application. In such cases, the applicant will be required to submit a
formal application and pay of the appropriate fee, and DWQ will be required to
process the application through normal procedures;
Stream enhancement projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation, do
not require written application to and approval from the Division of Water Quality,
and, therefore, do not require payment of an application fee to the Division of Water
Quality. Projects that are intended for compensatory mitigation or compensatory
mitigation credit, that are intended to resolve a violation, or that are in association
with a development project shall require an application, fee, and written concurrence
from the Division of Water Quality.
4. Stream enhancement is defined as the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function.
These practices must only be conducted on streams that are not experiencing
severe aggradation or erosion. Stream enhancement does not include the relocation
of the stream channel. Stream enhancement bank stabilization techniques include
the use of woody vegetation as the primary means of long term stability, and "soft"
techniques such as root wads that encourage the establishment of dense woody
vegetation. Stream enhancement techniques do not typically include the use of
stream bank or bed hardening techniques such as rip-rap or other rock, gabion,
block or concrete structures. However, enhancement activities may also include the
placement of in stream habitat or grade control structures such as cross vanes, j-
hook vanes, and wing deflectors that do not affect the overall dimension, pattern, or
profile of a stable stream.
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes,the use of in stream structures. If the Division determines that the-Project
does not meet the above definition of stream enhancement, then the Division shall
notify the applicant in writing with an explanation within 30 days of receipt of the
notification to require application and payment of the appropriate fee;
5. Stream stabilization projects that include the use of any structure or fill in the existing
stream bed or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality.
WQC #3495
Stream stabilization is defined as the in-place stabilization of an eroding stream
bank using measures that consist primarily of "hard" engineering, such as but not
limited to concrete lining, rip rap or other rock, and gabions. The use of "hard"
engineering will not be considered as stream restoration or enhancement;
6. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules (Buffer Rules] in
effect at the time of application) requires written concurrence for this Certification
from DWQ in accordance with 15A NCAC 26.0200. 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 and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. 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. In order for the above conditions to be valid, any plans not requiring written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality. If written concurrence is required, then the project
must be built and maintained according to the plans approved by the written
concurrence and Certification from the Division of Water Quality;
8. Appropriate sediment and erosion control practices which equal or,exceed those
outlined in the most recent version of the "North Carolina Erosion and Sediment
Control Planning and Design Manual" or "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices) shall be designed, installed and maintained
properly to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified trout
waters);
9. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project;
10. Any rip-rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures. If rip-rap is to be installed within the streambed, the amount
and location must be approved in writing by the Division of Land Resources and
Division of Water Quality. However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable;
11. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
12. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact or Record of Decision is issued by the State
Clearinghouse;
WQC #3495
13. Additional site-specific conditions may be added to projects which require written
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
14. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written
concurrence to use this Certification regardless of the proposed impact amount to
streams, wetlands, and waters;
15. 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 the notification sent
to DWQ;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design
Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
WQC #3495
Non-compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3495
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