20090266 Ver 1_401 Application_20090309

5410 Trinity Road
Palisades 11, Suite 320
Raleigh, NC 27607 0 2 6 6
Tel: [phone]
Fax: [phone]
March 16, 2009
MAR 1 ? 2009
Mr. Kyle Barnes
DENR -WATER QUALITY
Division of Water Quality -METlANOSANDSTORMWATERRRANCH
NC DWQ, 401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 134891/800
Subject: Greenville Utilities Raw Water Intake Improvements Project
Nationwide 12 Permit Application
Dear Mr. Barns:
On behalf of Greenville Utilities, Brown and Caldwell is submitting five (5) copies of
the enclosed Pre-Construction Notification (PCN), the Section 10 Navigable Waters
Permit and the Riparian Buffer Rule 15A NCAC 2B .0259 (Tar-Pamlico River Basin).
A separate check from Brown and Caldwell has been mailed to the NC Division of
Water Quality in the amount of $240 for the application fee. The check number is
106978.
Please do not hesitate to contact me at 919.424.1427 should you have any questions or
require additional information.
Very truly yours,
BROWN AND CALDWELL
Jennifer Heard, PE
Senior Water Resources Engineer
JH:tt
Enclosure
cc: Ricky Langley, Greenville Utilities
Barrett Lasater, Greenville Utilities
Robert A. Teem, Brown and Caldwell
C:\Docurnents and Settings\ttirico\Local Settings\Ternporary Internet Files\OLK957\Ltr K Barns- PCN.doc
E n v i r o n m e n t a l E n g i n e e r s & C o n s u l t a n t s
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information & PA ID
1. Processing -T -'°-
1 a. Type(s) of approval sought from the
Corps: X Section 404 Permit X Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? X Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
X 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express X Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes X No For the record only for Corps Permit:

? Yes X No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes X No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes X No
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: Greenville Utilities Commission (GUC) Raw Water Pumping Station Improvements
2b. County: Pitt
2c. Nearest municipality / town: Greenville
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A UU -Ed)
MAR
3. Owner Information
3a. Name(s) on Recorded Deed: Greenville Utilities Commission (GUC) 0SANpSTORMWA7f*g
3b. Deed Book and Page No. Deed Book J43, Page 229
3c. Responsible Party (for LLC if
applicable): Greenville Utilities Commission (GUC)
3d. Street address: PO Box 1847
3e. City, state, zip: Greenville, North Carolina 27835-1847
3f. Telephone no.: 252-551-1554
3g. Fax no.: 252-551-1597
3h. Email address:
Page 1 of 13
PCN Form - Version 1.3 December 10, 2008 Version
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4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent X Other, specify: Owner representative
4b. Name: Ricky Langley
4c. Business name
(if applicable): Greenville Utilities Commission
4d. Street address: 1721 Waterway Road
4e. City, state, zip: Greenville, North Carolina 27835-1847
4f. Telephone no.: 252-551-1561
4g. Fax no.: 252-551-1597
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Jennifer Heard
5b. Business name
(if applicable): Brown and Caldwell
5c. Street address: 5410 Trinity Road, Suite 302
5d. City, state, zip: Raleigh, NC 27607
5e. Telephone no.: 919-424-1427
5f. Fax no.: 919-233-0144
5g. Email address: [e-mail]
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B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 3 parcels: 4679512348; 4679518588; 4675417259
(project area is on parcel 4675417259)
1b. Site coordinates (in decimal degrees): Latitude: 35.635894 N Longitude:.- 77.401244 W
(DD.DDDDD) (-DD.DDDDD)
1 c. Property size: 45.47 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Tar River
2b. Water Quality Classification of nearest receiving water: Class WS-IV NSW
2c. River basin: Tar-Pamlico River Basin
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PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History

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:
The project is located at the Greenville Utilities Commission's (GUC) Water Treatment Plant (WTP) at 1721 Waterway Road
in Greenville, North Carolina (Figures 1, 2 and 3). Site photos are included in Attachment A. Historical permits for projects
located on or near the project area are included in Attachment B.
A 22.5 million gallon day (MGD) water treatment plant is constructed on site. Land in the vicinity of the project contains the
existing raw water intake pump station and intake pipes. The land use in the vicinity of the project consists of the WTP,
forested riparian buffer, forested cypress wetland and a previously disturbed wetland. The current raw water intake consists of
4 Johnson drum screens, each 24-inch in diameter and 8-feet long. A pair of screens is mounted to each of the two 30-inch
intake pipes and all four screens have a centerline elevation of approximately 3.5 feet below mean sea level (MSL) (based on
local datum). The proposed raw water intakes are described in more detail in Section 3e below.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 1.86 acres of wetlands are located on the property.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 1900 linear feet of the Tar River is located on the property.
3d. Explain the purpose of the proposed project:
The raw water intake and pumping station has frequently been compromised because of sediment build up in the intake
screens. Specifically, this sediment blockage inhibits pumping station capacity which is feeding the water treatment plant's 63
million gallon raw water storage impoundment. The pumping station in its current configuration has to be shut down during
this process and existing raw water storage is wasted to achieve backwashing. These episodes are highly disruptive to
operations personnel and may limit GUC from achieving permitted withdrawal from the Tar River.
The intake system lacks redundancy, as both intakes are positioned at the same elevation and within the same immediate
proximity in the Tar River. The positioning of the intakes causes them to experience sedimentation plugging simultaneously
during low river elevations or immediately following significant rain events. For these reasons, GUC has decided to ensure,
but not expand, the existing capacity at the pumping station. It is imperative to improve the efficiency of the existing pumping
station's intake. The proposed new intake lines will be constructed to diversify and assure redundancy and maintain (not
increase) the permitted capacity. The project will address the public health need for a reliable and efficiently-operated raw
water intake system by: (1) Providing redundancy for the raw water intake system; (2) Providing reliable drought tolerance for
the raw water intake system; (3) Addressing operational needs and facilitating maintenance of the raw water intake system;
(4) Providing long-term protection against raw water intake screen siltation/clogging; and (5) Minimizing disruption to daily
operation of the raw water intake system during construction of improvements.
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B. Project Information and Prior Project History

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3e. Describe the overall project in detail, including the type of equipment to be used:
GUC is proposing to (1) construct additional raw water intakes in the Tar River, (2) leave in place and improve the existing
raw water intakes and (3) improve the pumping station backflush piping system. A site plan is depicted in Figure 4. While
GUC will have 8 intake screens in the Tar River when the proposed project is complete, there is no increase in system
capacity or the ability to withdraw more water than permitted from the Tar River.
(1) Construction of the additional raw water intakes will provide intake redundancy and intake drought tolerance with the use
of deeper intake screen locations. This will also improve intake system reliability. The intake pipes will be constructed
through a previously disturbed wetland area and a portion of the forested upland buffer. Construction of intake pipes will
avoid impacts to the high quality forested wetland. The intake screens will be installed in the Tar River, with submerged rip
rap protection for the river bottom, at a centerline elevation of 5 feet below mean sea level (MSL). The proposed screens have
a mesh size of 1 mm, which is significantly smaller than the existing intake screens (5 mm) and consistent with NC Wildlife
Resource Commission (WRC) guidelines. Maximum intake velocity will not exceed 0.5 feet per second.
A temporary cofferdam will be constructed in the Tar River in order to keep water out of the excavation area during the
construction of the intake screens. The footprint of the coffer dam affects a portion of the Tar River at the proposed project
location. The coffer dam will extend approximately 66 feet into the Tar River from the top of bank. At this location, the stream
channel is approximately 150 feet wide; this measurement is based on the Bathymetric survey conducted by Schnabel Engineering.
Approximately 54% of the width of the Tar River at this location will be undisturbed and available as habitat for fish
other aquatic
,
organisms, and navigation.
(2) Submerged flow-training vanes "Iowa vanes" will be installed at each existing intake. The vanes are small, submerged
flow-training structures or foils designed to modify the near-bed flow pattern and redistribute flow and sediment transport
within the channel cross section. The structures will be installed at an angle of attack of 15 - 25 degrees with the flow, and the
top of the vanes will be at -2.5 feet MSL. Each vane is approximately 4 feet long. The vanes will function by generating
secondary circulation in the flow. This circulation will alter the magnitude and direction of the bed shear stresses and cause a
change in the distribution of velocity, depth, and sediment transport in the area affected by the vanes. As a result, the
riverbed aggrades in one portion of the channel cross section and degrades in another. The vane configuration is designed to
yield a decrease in the mean riverbed elevation within the immediate vicinity of the current intake screens of approximately 1
to 1.5 feet and to maintain that bed elevation over a sustained period.
Installation of the vanes will be accomplished by driving flat sheet piling into the riverbed and will not require dredging or other
modification of the river. It is proposed that the annual dredging, for which GUC is currently permitted, be performed and that
the dredging focus on the immediate vicinity of the intake. Annual dredging should not be required after the installation of the
Iowa vanes.
(3) Improvements to the pumping station back flush system will include the replacement of an existing 30-inch valve on the
pump station discharge piping, the construction of a 42-inch header on the exterior of the pump station and the addition of two
30-inch intake pipe wall penetrations to the pump station wet well. The replaced 30-inch valve on the discharge piping will act
as a master isolation point and the proposed 30-inch isolation valves along the 42-inch header will be utilized to isolate each
of the four intake pipes during daily operations. Although the pump station will continue to be taken out of service during
backflushing events, this option replaces a crucial isolation component which is currently inoperable, provides redundancy by
providing access to any of the four intake lines for raw water supply and backflushing operations, and requires minimal
disruption to operations of the pumping station during construction as very few improvements will be required inside the
pumping station.
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? X Yes El No El Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
X Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Brown and Caldwell
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A field confirmation was conducted on August 28, 2008. A copy of the Wetland Delineation Report is included in
Attachment C.
Page 5 of 13
B. Project Information and Prior Project History
1?
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes X No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes X No
6b. If yes, explain.
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C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
X Wetlands X Streams - tributaries X Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T

W1 0 P X T
Grading Previously
Disturbed- ? Yes X Corps
0
15
Emergent X No ? pWQ .
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.15
2h. Comments: The previously disturbed wetland area is currently maintained (i.e., mowed), to provides access to the existing
raw water intakes that are in the Tar River (See Site Photos). Upon completion of the pipe installation, the disturbed area will be
returned to its current grade and replanted with a vegetative mix similar to current conditions. The project was designed to avoid
the mature cypress wetland located in the riparian buffer. Wetland impacts are depicted in Figure 4.
3. Stream 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.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number -
Permanent (P) or (PER) or
i (Corps - 404, 10 stream length

Temporary (T) ntermittent
(INT)? DWQ - non-404, width (acres)
other) (feet)

S1 ? P XT Use of temporary
coffer dam during
Tar River X PER X Corps

construction ? INT X DWQ 0.05
S2 X P ? T Rip rap at proposed Tar River X PER X Corps
intakes ? INT X DWQ 0.02
Installation of flow

S3 XP ? T
vanes at existing
Tar River X PER

?INT X Corps

X DW
0.06
intakes Q
S4 X P ? T Rip rap at existing
Tar River X PER X Corps
intakes
? INT
X DWQ 0.01
3h. Total stream and tributary impacts 0.14
. Comments: Stream Impact was reported in acres due to the nature of the impact. Only portions of the Tar River will be
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mporarily and permanently impacted within the proposed project area. Stream impacts are depicted on Figure 4.
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PCN Form - Version 1.3 December 10, 2008 Version
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 individuall list all open water imp acts 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
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or purpose of Wetland Impacts (acres) Stream Impacts (feet) Upland

number (acres)
pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
111%. Comments:
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:
6. Buffer Impacts (for DWQ) 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 re uire miti ation, then you MUST fill out Section D of this form.

6a. Project is in which protected basin? ? Neuse X Tar-Pamlico ? Other:
? Catawba ? Randleman
6b. Buffer impact 6c. 6d. 6e. 6f. 6g,
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for impact Stream name mitigation (square feet) (square feet)
Temporary T required?
61 X P ? T Pipeline
Construction Tar River X Yes
? No
19,160
B2 X P ? T Pipeline
Construction Tar River ? Yes
X No
13,002
6h. Total buffer impacts 19,160 13,002
6i. Comments: The proposed project is allowable per 15A NCAC 2B .0259 (6) Table of Uses: Non-electric utility line
perpendicular crossing of streams and other surface waters. No practical alternatives are available to minimize the disturbance
o the buffer area. Impact activities associated with riparian buffer disturbance include mechanical land clearing and excavation
.
ollowing construction, the riparian buffer area in the proposed project area will be restored to the extent practicable to pre-
disturbed conditions. A cleared corridor will be maintained for maintenance and site access. Buffer impacts are depicted on
Figure 4.
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4

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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.
Alternative locations for the construction of the intake pipes (Figure 3) were considered, however these alternatives were not
selected due to other high quality natural resources and site constraints, which are described below.
(1) There is a large relatively un-disturbed forested wetland in the project area. This wetland is dominated by mature bald
cypress trees and provides several important ecological functions including nutrient retention, flood control and wildlife habitat.
It would not be feasible to restore both the structure and function of the existing wetland.
(2) The upland area east of the wetland is steep and dominated by mature hardwood trees. It would be technically very
difficult to construct the raw water intake lines through this area, the costs of excavation and construction in this area would be
very high and impacts to the high quality wetland area would still be necessary.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All erosion and sediment control measures used during construction will be included in a plan that is approved by State
and local agencies. All measures will be in accordance with the latest North Carolina Erosion and Sediment Control
Manual. In stream construction will comply with the construction moratorium requested by the NC WRC from
February 15- September 30.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
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
? Mitigation bank
2c. If yes, which mitigation option will be used for this
El P
project? ayment 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:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. 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: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
Page 9 of 13
PCN Form - Version 1.3 December 10, 2008 Version

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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.
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
buffer mitigation? X Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 Pipeline Construction 19,160 3 (2 for Catawba) 57,480
Zone 2 Pipeline Construction 13,002 1.5 0
6f. Total buffer mitigation required: 57,480
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).
GUC has not yet determined the type of mitigation that will be proposed for the above riparian buffer impacts. Currently, payment
into the Riparian Buffer Restoration Fund is the assumed alternative at a cost of approximately $55,200.
6h. Comments:
Page 10 of 13

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 X Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.

Comments: See Attachment D for the Diffuse Flow Plan and Supplemental forms. X Yes ? No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0 %
2b. Does this project require a Stormwater Management Plan? ? Yes X No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No impervious area is being added to the
site because of this proposed project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWO Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Greenville

3b. Which of the following locally-implemented stormwater management programs ? Phase II
? NSW
apply (check all that apply):
? USMP
Not applicable ? 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 El HQW
? 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
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
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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
f
®Yes ? N
use o
public (federal/state) land? o
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)?
1 c. If you answered "yes" to the above, has the document review been finalized b
the
y
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments: ? Yes ® No
The Draft Environmental Assessment was submitted for Agency review on
December 8, 2008.
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
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)
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 imp act 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.

Page 12 of 13
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
habitat? ®Yes ? No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ® Yes ? No
5c. If yes, indicate the USFWS Field Office you have contacted. I ® Raleigh
?. Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
North Carolina Natural Heritage Program (http://www.ncnhp.org/). and the
NC USFWS (http://www.fws.gov/nc-es/es/es.htmi
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ® Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Coordination with the NC Wildlife Resource Commission (WRC), the NC Natural Heritage Program (NHP) and the United
States Fish and Wildlife Service (USFWS) during the Environmental Assessment Scoping Process.
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
status (e.g., National Historic Trust designation or properties significant in ?Yes No
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC State Historic Preservation Office (SHPO)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? I ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: A floodway encroachment analysis has been performed. A
certificate of no-rise will be filed with the floodplain administrator.
8c. What source(s) did you use to make the floodplain determination? Federal Emergency Management Agency (FEMA) and
State of North Carolina. January 2, 2004. "Flood Insurance Study: A Report of Flood Hazards in Pitt County, North
Carolina and Incorporated Areas." FIS #37147CV000A. North Carolina Emergency Management.
?1'r? ? ALL ?• G?"b2l
Applicant/Agent's Printed Name
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12-10
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization I from the applicant
is orovided_)
Page 13 of 13
Greenville Utilities Raw Water Pumping Station Improvements
Nationwide 12 Pre-Construction Notification
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FIGURES
Figure 1. Project Vicinity Map
Figure 2. USGS 7.5 Minute Topography
Figure 3. Project Location: Aerial Photography
Figure 4. Intake Piping Plan and Profile
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Greenville Utilities Raw Water Pumping Station Improvements
Nationwide 12 Pre-Construction Notification
•
ATTACHMENT A
Site Photos
•
0
•
•
0
Picture 1: Pump Station facing Northeast
Picture 2: Close up of Pump Station facing Northeast

U

Picture 3: Tar River near the existing intake location
Picture 4: Cleared Tar River buffer area; approximate location of
proposed intakes
•
•
Picture 5: Previously disturbed wetland area in the winter; forested wetland
shown in background
Picture 6: Previously disturbed wetland area in the summer;
• forested wetland shown in background
j?A 4 t? ?r
4a, L
•
•
0
Picture 7: Forested wetland
Picture 8: Forested wetland
Greenville Utilities Raw Water Pumping Station Improvements
Nationwide 12 Pre-Construction Notification
E
ATTACHMENT B
Historical Permits
0

',,/ :( j 9
?1• GREENVILLE UTILITIES COMMISSION
P, O. BOX 1847 • GREENVILLE, N, C. 27834
September 3, 1980
District Engineer
U.S. Army Engineer District, Div.
Attns Construction Operations
P.O. Box 1890
Wilmington, N. C. 28401
O Re: SAWC080-N-074-b00066
Gentlemen:

TELEPHONE [phone]
We are forwarding herewith two (2) executed copies of a Permit to
construct a raw water intake and pumping station on the Tar River
• at the site of our proposeTwater filtration plant. We understand
U that when executed by your office the original copy will be re-
turned to us.
Thank you for your cooperation.
Sincerely,
Y G%el
Charles 0111. Horne, Jr.
Director of Utilities
CO'HHjr/jv
Enclosures
CCS: Mr. Wadie Lewis, GUC
OXsen Associates, Raleigh

0
Application No. SAWC080-N-074-000066
Name of Applicant _ Greenville Utilities Cemm;ssiet,
Effective Date See Pa se 4)
Expiration Date (If applicable) 31 December 1983
DEPARTMENT OF THE ARMY
PERMIT
Referring to written request dated 6 D r•o,n},4r 1979
for a permit to:
N Perform work in or affecting navigable waters of the United Stares, upon the recommendation of the Chief of Engineers, pursuant
to Section 10 of the Rivers and Harbors Act of March 3, 1898 (33 U.S.C. 403);
(Xi Discharge dredged or fill material into waters of the United States upon the issuance of a permit fro the ret o acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 S etc816 P f the Army
1 I Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a Secretary 50he
Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Resea ch and t Sanctuaries rActof 1972 ?-
186 Stet. 1052; P. L. 92.532):
Greenville Utilities Commission
PO Box 1847
Greenville, NC 27834
13; hereby authorized by the Secretary or the Army;
to
construct a raw water intake and ptmaping station
• -
in .
Greenville
it
Pitt County, North Carolina
in accordance with the plans and drawin attached here permit
fife number or other definite identification marks.lto which are incorporated in and made a part of this on drawings; give
subject to the following conditions:
1. General Conditions: -
a. That all activities identified and authorized herein shall be consistent with the terms and f.`.r.._,
activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permtt which
may result in the modification, suspension or revocation of this permit, in whole or in part, as set for h more is permit and that any
Conditions j or k hereto, and in the institution of such legal proceedings or not this permit has been previously modified, suspended or re oked the
°United States Government may pnsi'derla in Genera!
whole or in par
NG FOAM PPrttpriete,
1 lUL 77 1721 EDITION OF 1 APR 74 IS OBSOLETE,
(ER 1145.2.303)

r r-

b. That all activities authorized herein shall, if they involve, during their construction or operation, any discharge of pollutants into
waters of the United States or ocean waters, be at all times consistent with applicabl
s
d ?_

tan
e water quality standards, effluent limitations and
ards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water
Pollution Control Act of 1972 IP.L. 92.500; 86 Stat. 816), the Marine Protecti
R
85
on,
Stat. 1052), or pursuant to applicable State and local law.
esearch and Sanctuaries Act of 1972 (P.L. 92.532,
c. That when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including
dredged or fill material), into water; of the United States, the authorized ac
i
i
v
t
ty shall, if applicable water quality standards are revised
or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water qualit
within 6 months of the effective date of any revision or modifi
stand
i
y
ards
cat
on of water quality standards, or as directed by an implemental on
plan contained in such revised or modified standards, or within such longer period of time as the District Engineer
the Regional Administrator of the Environ
i
l P
,
menta
n consultation with
rotection Agency, may determine to be reasonable under the circumstance
s.
d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or
endanger the critical habitat of such species.
e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized
herein in a manner so as to minimize any adverse impact on fish
wildlif
,
e, and natural environmental values.
I. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimi
degradation of water quality.
ze any
g. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodi
inspections at any time deemed necessary in order to assure tha
h ``---•
c
t t
accordance with the terms and conditions prescribed herein.
e activity being performed under authority of this permit is in .
h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with
drawings attached hereto.
h
t
e plans and
I. That this permit does not convey any Property rights, either in real estate or material, or any exclusive privileges; and that it does
not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or
obviate the requirement to obtain State or lo
l
l
regu
ca
ations nor does It
assent required by law for the activity authorized herein.
j. That this permit may be summarily suspended, in whole or in part, upon a findin
suspension of the activity authorized herein would be in the 9 by the District Engineer that Immediat
general
bl
I
e
permittee of a written notice thereof which shall indicat11)
the pu
upon
receipt by
(3) any corrective or preventative measures to be
ic extent aofsthee suspension (2)sthe easofns f
k
h

ta
or t
is
action,
and
en by the permittee which are deemed necessary by the District Engineer to abate
imminent hazards to the general public interest. The permittee shall take immediate action to comply with th
Within ten days following receipt of this no
i
i

•
? e prov
t
sions of this notice.
ce of suspension, the permittee may request • hearing in order to present information
relevant to a decision as to whether his permit should be reinstated, modified or revoked
pursuant to procedures
if a h
res
i
ib
d
.
p
ear
cr
e
ng is requested, it shall.be conducted
by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuan
of the suspension notice to the permittee if no hearing is requested
the

,
ce
permit will either be reinstated, modified or revoked.
k. That this permit may be
i
h
e
t
er modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized
representative determines that there has been a violation of any of the terms or condition
otherwise be in the public in
f
s o
this permit or that such action would
terest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the
permittee of written notice of such action which shall specify the facts or conduct warrantin
the permittee is able to satisfa
s
il
g

ctor
ame unless f1) within the 30-day
period
y demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in
fact, occur or lb) the alleged violation was accidental, and the permittee has been operatin
of the permit and is
bl
i

a
g
n compliance n
e to provide satisfactory assurances that future operations shall be in full compliance terms
conditions of this permit; or (2) within the aforesaid 30
i
h
d
w
-
t
the terms and
ay period, the permittee requests that a public hearing be held to present oral
and written evidence concerning the proposed modification, suspension or revocation
for making a final decision eith
The c
d
.
on
uct of this hearing and the procedures
er to modify, suspend or revoke this permit in whole or in part shall be pursuant to proced
by the Chief of Engineers.
ures prescribed
1. That in issuing this permit, the Government has relied on the information and data which the permittee has provid
with his permit application. If, subsequent to the issuan
d i
f
i
e
ce o
n connection
this permit, such information and data prove to be false, incomplete or
naccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Gov
appropriate legal proceedings

.
ernment may, in addition, institute
m. That any modification, suspension, or revocation of this permit shall not be the basis for an
United States.
clai
f
y
m
or damages against the
n. That the permittee shelf notify the District Engineer at what time the activity authorized herein will be com
advance of the time of commencamenvas the District En
i

g
menced, as far in
one week, resumption of work and its completion.
neer may specify, and of any suspension of work, if for a period of more than

.._`.
..u„„?,: ?•- .. °r ' r,,,,..ta:+.t..... ?,. ,.......
. ..... ......
!. ... .....nA.1.r ?.7Ae:i...::...,.r7.:.:.1'L'.il.,..•. _ . ...
o. That if the activity authorized herein is not started on or before UA L?
(one year from the date of issuance of this permit unless otherwise specified) and is not comp eted on or before tg
dey of ilsar•pmhar tg? ithree years from the date of issuance of this permit unless otherwise specified) this permit, if
not previously revoked or specifically extended, shall automatically expire.
p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which
may require suthorization by the Congress or other agencies of [he Federal Government.
q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer
procedure by which the permittee is transferring his interests herein to a third party pursyant to General Condition t hereof, he must
restore the area to a condition satisfactory to the District Engineer.
r. That ?f the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be-
necessary to record this permit with the Register otf Deeds or other appropriate official charged with the responsibility for maintaining
records of title to and interests in real property,
s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein.
t. That this permit msy not be transferred to a third party without
transleree's wntten agreement to comply with ail terms end conditions of phis pt miteor bye he tretheeDi subscr ti ng tr, this permit In
the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee
tra,tsfers the interests authorized herein b'y conveyance of realty, the deed shall reference this permit and the terms and conditions
specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official.
II. Special Conditions: (Mere list conditions relating specificall to the ro osed structure or work authorized b this `'
Y P P
_ Y permit!:
1, In order to protect anadromous fish resources no excavation and/or fill
activities will be accomplished waterward of the normal water level elevation
of the Tar River between the dates of I March through 31 May of any year with-
out the prior approval of the U5 Fish and Wildlife. Service and the Corps of
Engineers.
2. The proposed pump station will be located entirely on hi h t___
construction will not involve the placement of fill in any wetlands. and its
• 3• The preconstruction grade of all wetlands crossed by the permitted pipelines
will be restored u on ?`^
P project completion. All excess material will be removed
to a high ground disposal site.

0 3

f...:,_ _
F_

The following Special Conditions will be applicable when T
appropriate:
STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES:
a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not
• be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused
existing or future operations undertaken by the United States In the public interest. by or result from
b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the activity authorized by this permit.
c. That if the displsy of lights and signals on any structure or work authorized herein is not otherwise provided for
lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained
by law, such
permittee,
by and at the expense of the
d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the
authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or
his authorized representative may direct, restore the waterway to its former conditions. If the permittee foils to comply
direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its
former condition, with the
by contract or otherwise, and recover the cost thereof from the permittee.
e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to
damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all pro
insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the
permittee shall not hold the United States liable for any such damage. Per steps to
MAINTENANCE DREDGING:
a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for ^
years from the date of issuance of this permit (ten years unless otherwise indicated);
b. That the permittee will advise the District Engineer in visiting at least two weeks before he intends to undertake an-
dredging.
Y maintenance
DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES:
a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to
Section 404(b) of the FWPCA and published in 40 CFR 230;
b. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities:
c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution; and
d. That the discharge will not occur in a component of the National Wild and Scenic River System or in a component of a State wild
and scenic river system.
• DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS:
a. That the dumping will be carried out In conformity with the goals, objectives, and requirements of the EPA criteria established
pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act of 1972, published in 40 CFR 220.228.
b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/or
dumping of the dredged material as authorized herein.
This permit shall become effective on the date of the District Engineer's signature.
Permittee hereby accepts and agrees to comply with the terms and conditions of this permit.
GREENVIL E UTILITIES MMISSIQN
??-Z-ko
PERMITTEE
' c-Ty 2:. DATE
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
GATE
DISTRICT ENGINEER,
U.S. ARMY, CORPS OF ENGINEERS Lam.
Transferee hereby agrees to comply with the terms and conditions of this permit. ?
TRANSFEREE
DATE
4 tr U. a. GOVERNMENT PRINTING OFFICE: 1960-624.404 3.1
L?__
- -- ---------
NORTH CAROU NA
GREENVILLE-/
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212 ...'? . _„ a .t, (• ? '
PROPOSED RAW WATER INTAKE
VICINITY MAP \ AND PUMPING,'STATION
ON THE TAR RIVER
zooo 1000 o AT THE PROPOSED GREENVILLE WATER
1000 1 _ FILTRATION PLANT
SCALE In FEET - GREENVILLE . N.C. PITT COUNTY
.^` APPLICATION BY GREENVILLE
feulwr.w wwrl Awr -_ f.?..
UTILITIES COHHISSION
-k r° OLSEN ASSOCIATES, IN C. RA
SHEET I OF :3 LEIGH. N. C. f
• .. .. ?ATE 12 79

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•. 2ET'?ININh ?VALL'?
HORIZONTAL - PLAN ! r =
40 30 ZO 10 0 I
`o PROPOSED RAW WATER INTAKE
VERTICAL ,? J
?o Is ,o s 0 AND PUMPING STATION
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SCALE IN FEET zo ON
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MISSION ?EVI?C: I '
FL SEN ASSOCIATES, INC. RALEIGH, N. C. HEET Z OF 3 DATE 12/ 4..-79
y
THE TAR RIVER u,
AT THE PROPOSED GREENVILLE WATER
FILTRATION PLANT • v
GREENVILLE, N.C. PITT COUNTY r
APPLICATION 8Y GREENVILLE
UTILITIES COM

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 0. 2006_ 10356 County: Pitt
USGS Quad: Greenville NW
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Irving Greer. Chief of Plant Maintenance
Address: Greenville IJHlities Commission
Post Office Box 1847
Greenville, North Carolina 27835-1847
Telephone No.: L252) 752-7166
Size and location of property (water body, road name/number, town, etc.). •Proiect is located at the water intake
structure on the Ter River off NCSR 1401 west of the Pitt Greenville Airport in Greenville. Pitt County,
Description of projects area and activity: A licant proposes to remove sediment to restore the City of Gree ille's
water intake structure to the a ximate dime ions that existed when the pro 'ect w built. A tivi
lace no more th 0 t in a direction from the intake and no more th
be removed. .U.11,000 cubic yards of material will
Applicable Law: ? Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: IYW #3
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
• ermittee 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 this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tracey L. Wheeler [phone] ex 24,
Corps Regulatory Official Date: 12/30/2005
Expiration Date of Verification: 03/18/2007
0 Page 1 01 72

Determination of Jurisdiction:
® Based el preliminary minform inati atiis these appear to be waters of the US including wetlands within the above described
This preliminary determination is not an appealable action under the Regulatory Program Administrative A Project area.
( Reference 33 CFR Part 331), Appeal Process
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in th]auf
published
notification. regulations, this determination may be relied upon for a period not to exceed five years from the date of this
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of of the Clean Water Act (CWAx33 USC § 1344). Unless there is a change in the law or our, published rregulations,th sgction
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. Plesse reference
jurisdictional determination issued,__ Action ID
Basis of Jurisdictional Determination:
Corps Regulatory
Date 1 /30/2 5
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC,, MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
0 Page 2 of 2
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Action ID Number:2006=
Permittee: City of Greenville
Date Permit Issued: 12/30/2005
Project Managers' W ler
County:Pitt
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 ENGMERS
WILMINGTON DISTRICT
WASHINGTONREGULATORY FIELD OFFICE
Post Office Box 1000
Washington, North Carolina 27889

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
- K&4- -4 101?2=
Signature QFPermittee
3-3--o(
Date
r?
U
0 JURISDICTIONAL DETERMINATION Revised 8/13/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-Rt:I-W
PILE NUMBER: 200610356
PROJECT LOCATION INFORMATION:
State: North Carolina
County: Pitt
Center coordinates of site (latitude/longitude): 35.635894 ;77.401244
Approximate size of area (parcel) reviewed, including uplands: acres.
Name of nearest waterway: Tar River
Name of watershed: Tar/Pamlico
JURISDICTIONAL DETERMINATION
Completed: Desktop determination Date: 12/30/2005
site visit(s) +e Date(s):
Jurisdictional Determination (JD):
® Preliminary JD - Based on available information, ® there appear to be (or) ? there appear to be no 'waters of the United States" and/or
"navigable waters of the United States" on the project site. A preliminary ID is not appealable (Reference 33 CFR part 331).
Q Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply.
Q There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area,
Approximate size of jurisdictional area:
E3 There are "waters of the United States" (as defuted by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area

El There are "LWatet, non-navigable, intra-state waters or wetlands" within the reviewed area
0 Decision supported by S WANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigabk waters of the United States":
[] The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use t t?B instate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States*:
[3 (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subPct to the ebb and flow of the tide.
Q (2) The presence of interstate waters including interstate wetlands .
Q (3) The presence of other waters such as intrastate lakes, rivets, streams (including intermittent streams), mudilats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or.natural ponds, the use, degradation or destruction of which could affect interstate
commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could betaken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes (4) Impoundments of waters otherwise defined as watf the US. ?? in interstate commerce
(5) The presence of a tributary to a water identified in (I) - (4) above.
[[ (6) The presence of territorial seas.
(7) The presence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). Ifthe jurisdictional water or wetland is not
itse/fa navigable water of the United States, describe cannection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of
Jurisdiction, document navigability and/or interstate commerce connection r.e., discuss site conditions, including why the waterbody is
navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). #'B(2, 4, S or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. #B(7) is used as the Basis of Jurisdiction, document the rationale used to
make adjacency determination:
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Lateral Extent of Jurisdiction: (Referettce: 33 CFR parts 328 and 329)
® Ordinary High Water Mark indicated by: ® Hi h Tide Line indicated by.
? clear, natural line impressed on the bank oil or scum line along shore objects
the presentee of litter and debris ? fine shell or debris
changes in the character of soil deposits (foreshore)
destruction of terrestrial vegetation ? Physical marknngtdcharactertstits
® shelving ? tidal gages
® other. C3 other:
Q Mean High Water Mark indicated by.
? survey to available datum; ? physical markings; ? vegetation iines/charips in vegetstiori types,
Q Wetland boundaries, as shown on the attached wetland delineation trap and/or Ina delineation report prepared by:
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
Unable to confirm the presence of waters in 33 CFR part 328(x)(1, 2, or 4-7j.
GO Headquarters declined to approve jurisdiction on the basis of 33 CPR part 328.3(aX3).
The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CPR
El Artificially irrigated areas, which would revert to u land if the irri part 328'3'
[3 Artificial lakes and ponds crested p Ba ceased
by excavating and/or diking dry land nd to col lest and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water
meets the definition of waters of the United States found at 33 CFR 328.3(a).
• ? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale.
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated , prepared by (company):
? This office does not concur with the delineation report, dated , prepared by (company):
Data sheets prepared by the Corps.
Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas;
U.S. Geological Survey 7.5 Minute Topographic maps:
U.S. Geological Survey 7.5 Minute Historic quadrangles:
Q U.S. Geological Survey 15 Minute historic quadrangles:
Q USDA Natural Resources Conservation Service Soil Survey:
National wetlands inventory maps:
State/Local wetland inventory maps: .
th FEMA/FIRM maps (Map Name & Date):
100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
t'[ Other photographs (Date):
Q Advanced Identification Wetland maps:
Site visit/determination conducted on:
c Applicable/supporting case law:
Q Other information (please specify);
Wetlands are idrntified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydrie soils and wetland hydrology).
• =The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separate
berms, beach dunes, and the like are also adjacent. d from other waters of the U.S. by man-made dikes or barriers, natural river
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NATIONWIDE PERMIT 3
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Maintenance: Activities related to:
L The repair, rehabilitation, or replacement of any previously authorized, currently
serviceable, structure, or fill, or of any currently serviceable structure or fill authorized by 33
CFR 33 0.3, provided that the structure or fill is not to be put to uses differing from those uses
specified or contemplated for it in the original permit or the most recently authorized
modification. Minor deviations in the structure's configuration or filled area, including those due
to changes in materials, construction techniques, or current construction codes or safety
standards which are necessary to make repair, rehabilitation, or replacement, are permitted,
provided the adverse environmental effects resulting from such repair, rehabilitation, or
replacement are minimal. Currently serviceable means useable as is or with some maintenance,
but not so degraded as to essentially require reconstruction. This nationwide permit authorizes
the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by
storms, floods, fire, or other discrete events, provided the repair, rehabilitation, or replacement is
commenced, or is under contract to commence, within two years of the date of their destruction
or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit
may be waived by the District Engineer, provided the permittee can demonstrate funding,
contract, or other similar delays.
2. Discharges of dredged or fill material, including excavation, into all waters of the United
States to remove accumulated sediments and debris in the vicinity of, and within, existing
structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and the placement
of new or additional rip rap to protect the structure, provided the permittee notifies the District
Engineer in accordance with General Condition 13. The removal of sediment is limited to the
minimum necessary to restore the waterway in the immediate vicinity of the structure to the
approximate dimensions that existed when the structure was built, but cannot extend further than
200.feet in any direction from the structure. The placement of rip rap must be the minimum
necessary to protect the structure or to ensure the safety of the structure. All excavated materials
must be deposited and retained in an upland area unless otherwise specifically approved by the
District Engineer under separate authorization. Any bank stabilization measures not directly
assbeiated with the structure will require a separate authorization from the District Engineer.
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3. Discharges of dredged or fill material, including excavation, into all waters of the United
States for activities associated with the restoration of upland areas damaged by a storm, flood, or
other discrete event, including the construction, placement, or installation of upland protection
structures and minor dredging to remove obstructions in waters of the United States. (Uplands
lost as a result of a storm, flood, or other discrete event can be replaced without a Section 404
permit provided the uplands are restored to their original pre-event location. This NWP is for the
activities in waters of the United States associated with the replacement of the uplands.) The
permittee must notify the District Engineer, in accordance with General Condition 13, within 12
months of the date of the damage and the work must commence, or be under contract to
commence, within two years of the date of the damage. The pennittee should provide evidence,
such as a recent topographic survey or photographs, to justify the extent of the proposed
restoration. The restoration of the damaged areas cannot exceed the contours, or ordinary high
water mark, that existed prior to the damage. The District Engineer retains the right to determine
the extent of the pre-existing conditions and the extent of any restoration work authorized by this
permit. Minor dredging to remove obstructions from the adjacent waterbody is limited to 50
cubic yards below the plane of the ordinary high water mark, and is limited to the amount
necessary to restore the pre-existing bottom contours of, the waterbody. The dredging may not be
done primarily to obtain fill for any restoration activities. The discharge of dredged or fill
material and all related work needed to restore the upland must be part of a single and complete
project. This permit cannot be used in conjunction with NWP 18 or NWP 19 to restore damaged
upland areas. This permit cannot be used to reclaim historic lands lost, over an extended period,
to normal erosion processes.
This permit does not authorize maintenance dredging for the primary purpose of navigation and
beach restoration. This permit does not authorize now stream channelization or stream relocation
projects. Any work authorized by this permit must not cause more than minimal degradation of
water quality, more than minimal changes to the flow characteristics of the stream, or increase
flooding (See General Conditions 9 and 21). (Sections 10 and 404)
Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously
authorized structure or fill that does-not qualify for the Section 404(f) exemption for
maintenance.

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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 nonnally 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.
• S. 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 rrver 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.

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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 regional endangered species conditions to the NWPs.
b. Authorization of an ardivity 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,diolation of
the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
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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 bas 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(8)). 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 reap 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:
I. 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:
I . Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
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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
40 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 wil I 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;
of the permittee; ii. A statement that the single-family housing activity is for a personal residence
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(t));
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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 NW 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 NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset

losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in Writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining: activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation
plan. The District Engineer must review the plan within 45 days of receiving a complete PCN
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
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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 continents 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 11/21-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the District Engineer notice that they intend to provide substantive,
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will
indicate in the administrative record associated with each notification that the resource agencies'
concerns were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to 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.
01
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
(t1/41-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 th6 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 \ 1/31-acre) .
16. Water Supply Intakes, No activity, including structures and work in navigable waters of
the US or discharges of dredged or till material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
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.
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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\aere
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.
C. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams; and replacing losses of aquatic resource functions
and values by creating, restoring, enhancing, or preserving similar functions and values,
preferably in the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer.will be 25 to 50 feet
wide on each side of the stream, but the District Engineers may require slightly wider vegetated
buffers to address documented water quality or habitat loss concerns. Where both wetlands and
open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
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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 till 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 preeonstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced
to the minimal amount necessary, and the activity must, to the maximum extent practicable,
reduce adverse effects such as flooding or erosion downstream and upstream of the project site,
unless the activity is part of a larger system designed to manage water flows. In most cases, it
will not be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fell 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.
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1--]
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 b 6r 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. ForNWPs 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 I00-Year Flood lain. For
p purposes of this Genera] Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped l 00year 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 I2-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.
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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.
l
FURTHER INFOR ATIQ
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 Manna me t Pr etic 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
affect the limits on a development.
m nsatorv 1?Irtigation: For purposes of Section 101404, 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.
APhe wraf bream: An ephemeral stream hasflowingwater 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.
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Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fr =-' That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe,).
FIQQdwav.• 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.
Indegendent MAU: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
.Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss o waters ofthe us.. Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for
a NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland. An area that, during a year with normal patterns of precipitation has
standing or flowing water for sufficient duration to establish an ordinary high water mark.
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 tern "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
• 15

source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent.4bove-grade Fll'. 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.
Rlfi"11e and PodfQM.• Riffle and pool complexes are special aquatic sites under the
404(b)(I) 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.
Slnele and Complete Pr d. The term "single and complete project" is defined at 33 CFR
330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility), For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stormwater Management: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
Stir rmwater Mananement Faciliti 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 Channelizgtlon: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
16
•
armoring, or other activities that change the steam 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 328.30, respectively. Tidal waters rise and fall in a predictable and mbasurable 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 chmmelward 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.
Y jetated Buti`er: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vel,etated 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.
Woterbodv: 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 JIBE
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
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(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 I 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
Waters" (HQW) (as defined by the North Carolina Division of Water Quality), Quality
Primary Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Re ources?d
Commission), or contiguous wetlands (as defined by the North Carolina Division of Water
Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of
Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of C- astern 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 worts.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 1:3. 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. Sehafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bo s Piedmont Bogs
Swamp Forest Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
.
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Southern Appalachian Bog (Northern Subtype)
Southem 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 bompliance with all
of the conditions listed of the applicable NWP. Notification Will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the. notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Sung
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
• '. Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand
should be used and no dredged sand from closed shell fishing areas. If beach disposal was to
occur at times other than stated above or if sand from a closed shell fishing area is to be used, 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 intennittent 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
0 19

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
APPtoachFill Bank"
Culvert bw"d
below A"*A bed
to appmpriat4
Steam depth
Bottom
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
• profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert Inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 Inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
NORTH CAROLINA DIVISION OF WATER gEALITX
GENERAL CERTIFICATION CONDITIONS _
GC3376
1. These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are required.
Also, Condition No. 8 is applicable to all streams in basins with riparian area protection rules,
2. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by DWQ or the Division of Land Resources, this General Certification requires
application to and prior written concurrence from the Division of Water Quality;
20
•
3. That appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central
Offices) shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard;
4. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the original grade restored within two months after the Division of Land Resources has released
the project;
S. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
6. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
7. Access roads constructed for any of these permits shall be constructed so as to minimize
wetland fill as much as is practicable and shall be restored to grade immediately after the project
is completed. The site shall be re-vegetated with native species, which shall be in place within
three months following construction or before initiation of the next growing season;
• S. In accordance with North Carolina General Statute Section 143-215.31)(c), concurrence for a 401 Water Quality Certification must include theapprop areest for
tteeifee If a
project also requires a CAMA Permit, one payment to both agencies shall be submitted and will
be the higher of the two fees;
9. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence 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 ISA
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;
10. Placement of culverts and other structures in waters, streams and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless it
can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in aggradation, degradation or significant changes in
hydrology of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
f 21
•
above structures. The applicant Is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ. Additionally, when roadways, causeways or other
fill projects are constructed across FEMA-designated floodways or wetlands, openings such as
culverts or bridges must be provided to maintain the natural hydrology of the system as well as
prevent constriction of the floodway that may result in aggradation, degradation or significant
changes in hydrology of streams or wetlands. If more than 150 linear feet of additional stream is
filled, culverted, rip-rapped, relocated, excavated or dredged as a result of this permit, then an
application to DWQ is needed and compensatory mitigation may be required;
11. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification In order to ensure compliance with all applicable
water quality and effluent standards;
12. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of these corresponding Nationwide and Regional General Permits, whichever is sooner,
13. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
NORTH CAROLINA DMSLQN OF COASTaI, MANAGE NT
STATE CONSISTENCY
Consistent.
Citations:
2002 Nationwide Permits - Federal Register Notice 15 Jan 2002
2002 Nationwide Permits Corrections - Federal Register Notice 13 Feb 2002
2002 Regional Conditions - Authorized 17 May 2002
to 22
Greenville Utilities Raw Water Pumping Station Improvements
Nationwide 12 Pre-Construction Notification
I?
ATTACHMENT C
Jurisdictional Wetland Delineation Report
•
n
U
3UV cast Morehead Jtreet
Suite 160
Charlotte, NC 28202
Tel: [phone]
Fax: [phone]
•
C;1LU11{:1.1.
November 11, 2008
Mr. Josh Pelletier
USACE
107 Union Drive
Suite 202
Washington, North Carolina 27889
Subject: Greenville Utilities Raw Water Intake Improvements
Wetland Delineation- Revised Map
Dear Mr. Pelletier,
134891
On behalf of Greenville Utilities Commission (GUC), Brown and Caldwell
submitted a Jurisdictional Determination Report on August 1, 2008, for the GUC
Raw Water Intake Improvements Project. In response to your comments following
the field confirmation, two copies of an updated Jurisdictional Delineation Map are
enclosed for your review.
The updated Jurisdictional Delineation Map includes the previously-disturbed
wetland area delineated by Spruill and Associates Inc. (for Hazen and Sawyer) on
January 4, 2008, in addition to the wetland area delineated by Brown and Caldwell
on August 1, 2008. Following your approval, we request that a signed map be
returned with a letter of confirmation regarding the jurisdictional boundaries of the
wetland area. The second copy is for your records.
Should you need any further information to make an approved jurisdictional
determination of the wetland resources on site, please contact me at 704-373-7122
or [e-mail].
Very truly yours,
BROWN AND CALDWELL

Abby Rokosch
Watershed Scientist
AER. jml
Enclosures
\\bcral01\projects\Greenville Utilities\134891 Raw Water Intake\-400 Permitting\-300 401-404 Wetlands Permits\Wetland
Report\Revisions\Updated Wetland Map Letter.doc
E n v i r o n m e n t a l E n g i n e e r s & C o n s u l t a n t s
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GREENVILLE UTILITIES RAW WATER
INTAKE IMPROVEMENTS
WETLAND DELINEATION
August 1, 2008

0
5410 Trinity Road
Palisades II, Suite 320
Raleigh, NC 27607
Tel: [phone]
Fax: [phone]
•
August 1,.2008
Mr. Josh Pelletier
USACE
107 Union Drive. Suite 202
Washington, North Carolina 27889
Subject: Greenville Utilities Raw Water Intake Improvements
Wetland Delineation
Dear Mr. Pelletier,
134891
On behalf of Greenville Utilities, Brown and Caldwell performed the necessary
field work to delineate jurisdictional wetlands within the confirmation limits for
the proposed raw water intake structure. This delineation report provides the
required documentation for jurisdictional boundary determinations in conformance
with Section 404 of the Clean Water Act. The following sections summarize the
• procedures and methods followed and the results from completing these tasks.
Methods
Scientists from Brown and Caldwell (BC) completed a wetland field survey on
.June 18, 2008. A project Vicinity Map is provided in Figure 1. In order to
complete the wetland delineation, the following activities were performed:
Preliminary Investigation
Prior to field work, data from the following sources were obtained to determine the
location of potential wetlands:
¦ USGS 7.5 Minute Topographic Maps (Figure 2)
¦ Aerial Photograph (Figure 3)
•. United States Department of Agriculture (USDA) Web Soil Survey
• United States Fish and Wildlife (USFWS) National Wetland Inventory
National Resources Conservation Map
A Natural Resources Conservation Service.(NRCS) soil map (Figure 4) showing
the different soil types mapped within the confirmation limits has been included.
National Wetlands Inventory Map
• A National Wetlands Inventory (NWI) map (Figure 5) showing the U.S. Fish and
Wildlife estimation of the extent of wetlands in the project area has been included.
\\bcral01\prcject6Greenville Utilities\134891 Raw Water Intake\-400 Permitting\-300 401-404 Wetlands Permits\Wetland ReportUD Report
08012008.doc
E n v i r o n m e n t a l E n g i n e e r s ea C o n s u l t a n t s
• Mr. Pelletier
August 1, 2008
Page 2
Brown and Caldwell used this map as a general reference for initiating the field
verification of wetlands within the confirmation limits.
Field Methods
Primary guidance for the investigation of wetland resources was the. United States
Army Corps of Engineers (USACE) Wetlands Delineation Manual (Environmental
Laboratory, 1987). Wetlands are defined as those areas that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions (Environmental
Laboratory, 1.987).
The presence of established hydrophytic vegetation communities, hydric soils and
surface or near-surface hydrology were used to delineate wetland resources.
Wetland areas were flagged with surveyors flagging. Flags were located to NC
Class A survey standards by CH Engineering.
• Results
Wetland Delineation
Figure 6 depicts the location of a large forested wetland within the projects
confirmation limits; the boundaries of this wetland extend beyond the defined
confirmation limits. The forested community is dominated by mature bald cypress
trees (Taxodium distichum) and river birch (Betula Nigra); the understory
community was sparse in most areas and composed of sedges (Carex sp.) and other
herbaceous wetland vegetation including false nettle (Boehemeria cylindrical and
Polygonum sp.). Several hydrological indicators were observed including standing
water, drainage patterns, tree water marks and oxidized rhizopheres. The soils are
reduced (low chroma colors) and saturated; these are characteristics of hydric soils.
Photographs of the wetland can be found in Attachment C.
Jurisdictional Determination (JD). Form
The Approved Jurisdictional Determination Form for the delineated wetland is
included in the attachment B. The JD form was only completed for the wetland
area within the confirmation limits.
•
\\bcra101\projects\Greenville Utilities\134891 Raw Water Intake\-400 Permitting\-300 401-404 Wetlands Permits\Wetland ReportUD Report
08012008.doc
Mr. Pelletier
August 1, 2008
Page 3
References
1. www.fws.gov/nwi
2. www. websoilsurvey.nres.usda.gov/app
3. United States Army Corps of Engineers Wetlands Delineation Manual
(Environmental Laboratory, 1987).
Should you have any questions or require additional information, please contact
me at 919-424-1436 or [e-mail].
Very truly yours,
BROWN AND CALDWELL

• Abby Rokosch
Watershed Scientist
AER:vb
Enclosure
List of Figures
Figure 1 Site Vicinity Map
Figure 2 Project Location Map-USGS 7.5 minute Topography
Figure 3 Project Location Map- Aerial Photography
Figure 4 USDA Soils Map
Figure 5 NWI Map
Figure 6 Jurisdictional Delineation
List of Attachments
Attachment A Wetland Data forms
Attachment B USACE Approved Jurisdictional Determination Forms
Attachment C Site Photographs
•
\\bcra101\prcjects\Greenville Utilities\134891 Raw Water Intake\-400 Permitting\-300 401-404 Wetlands Permits\Wetland ReportUD Report
08012008.doc
•
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Soil Map-Pitt County, North Carolina
•
Map Unit Legend
_ Pitt County, North Carolina (NC147)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
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ATTACHMENT A
Wetland Data forms
•
0
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Greenville Utilities- Raw Water Intake Improvements JDate:
Applicant/Owner: Greenville Utilities County:
Investigator: Rokosch State:
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
Is the area a potential Problem Area?
Dominant Plant Species Stratum Indicator
1, Liquidambarstyraciflua tree FAC
2. Acer rubrum tree FAC
3. Fagus grandifolia tree FACU
4. Smilax rotundifolia herb FAC-
5.
6.
7.
8.

'Percent of Dominant Species that are OBL, FACW or FAC'
excluding FAC-). 75%
6/18/2008
Pitt County
NC
Yes No Community ID: Forested
Yes No Transect ID:
Yes No Plot ID: DP#1- Upland
Dominant Plant Species
9:
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Remarks:
Other species present include Virginia creeper, trumpet creeper and Carpinus caroliniana
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
x No Recorded Data Available
Field Observations:
Depth of Surface Water: no water (in.)
Depth to Free Water in Pit: no water
(in.)
Depth to Saturated Soil: NA (in.)
Wetland Hydrology Indicators: None observed.
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
This sample plot was taken in the upland area between the wetland and the Haw River near DP #2.
SOILS
Map Unit Name
(Series and Phase): Bb Bibb Complex
Taxonomy (Subgroup)
Profile Descriptions:
Depth Matrix Color
(inches) Horizon (Munsell Moist)
0-1.5' A 10 YR 6/4
0-1.5-12" A 10 YR 5/6

Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Gleyed or Low-Chroma Colors
Remarks
No hydric indicators were observed in the field.
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks
Drainage Class
Field Observations
Confirm Mapped Type?
Somewhat Poorly Drained
Yes No
Mottle Colors Mottle Abundance/ Texture, Concretions,
(Munsell Moist) Size/Contrast Structure, etc.
NA NA Sandy
NA NA Sandy loam
Yes No (Circle)
Yes No
Yes No
Concretions
High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Other (Explain in Remarks)
(Circle)
Is this Sampling Point Within a Wetland? Yes No
0
DATA FORM
ROUTINE WETLAND DETERMINATION
(1887 COE Wetlands Delineation Manual)
Project/Site: Greenville Utilities- Raw Water Intake Improvements Date:
Applicant/Owner: Greenville Utilities County:
Investigator: Rokosch State:
6/18/2008
Pitt County
NC
Do Normal Circumstances exist on the site? Yes No Community ID: Forested
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: DP#2- Wetland
(If needed, explain on reverse
Dominant Plant Species Stratum Indicator E?T
ominant Plant Species Stratum Indicator
1. Taxodium distichum tree OBE g
2.
0.
3
. 1.
4. 2.
5.
13.
6.
14.
7.
15.
8.
16.
"Percent of Dominant Species that are OBL, FACW or FAC"
(excluding FAC-). 100%
Remarks
There is a very sparse understory community; this community was comprised of Carex spp. and false nettle.
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
_ Aerial Photographs
_ Other
x No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
NA (in.)
10
(in.)
Depth to Saturated Soil
Wetland Hydrology Indicators:
Primary Indicators:
x Inundated
x Saturated in Upper 12 Inches
x Water Marks
Drift Lines
Sediment Deposits
x Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
x Water-Stained Leaves
x Local Soil Survey Data
FAG-Neutral Test
Other (Explain in Remarks)
0-12 (in.)
Remarks:
This sample plot was taken in the middle of the wetland area; approximatley 10 feet from the boundary of the
wetland A line.
Wetland ID:3W
SOILS
• Map Unit Name
(Series and Phase)
Taxonomy (Subgroup)
Alaga Sandy Loam
Drainage Class Somewhat Poorly Drained
Field Observations
Confirm Mapped Type? Yes No
Profile Descriptions:
Depth Matrix Color
(inches) Horizon (Munsell Moist)
0-12" A 10 YR 3/1
Hydric Soil Indicators:
_ Histosol
- Histic Epipedon
_ Sulfidic Odor
_ Aquic Moisture Regime
x Gleyed or Low-Chroma Colors
Remarks
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks
Mottle Colors Mottle Abundance/ Texture, Concretions,
(Munsell Moist) Size/Contrast Structure, etc.
Sandy loam
es No (Circle)
es No
Yes No
Concretions
High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
x Listed on Local Hydric Soils List
Other (Explain in Remarks)
(Circle)
Is this Sampling Point Within a Wetland? es No
•
•
ATTACHMENT B
USACE Approved Jurisdictional Determination Forms
•
•
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: USACE - Josh Pelletier
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Pitt City: Greenville
Center coordinates of site (lat/long in degree decimal format): Lat. 33 38'8"' N, Long.. 77 33" 56"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Haw River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Haw River
Name of watershed or Hydrologic Unit Code (HUC): Tar River Basin 0302010370
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required] .
? Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION. OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
? TNWs, including territorial seas
® Wetlands adjacent to TNWs
El Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable) :3
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
•
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW: Haw River.
Summarize rationale supporting determination: The Haw River is listed as a traditional navigable water by the state of North
Carolina.
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": The wetland area is located in an historical river channel
adjacent to the Haw River.
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
• though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area. Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW
? Tributary flows directly into TNW.
? Tributary flows through 2 tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are 1(or less) river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
•
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West.
Identify flow route to TNW5:
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that annlv):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands
? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
• Subsurface flow: Pick List. Explain findings.
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank
? changes in the character of soil
? shelving
? vegetation matted down, bent, or absent
? leaf litter disturbed or washed away
? sediment deposition
? water staining
? other (list):
? Discontinuous OHWM.' Explain:
? the presence of litter and debris
? destruction of terrestrial vegetation
? the presence of wrack line
? sediment sorting
? scour
? multiple observed or predicted flow events
? abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteri sties ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
• 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
41 ? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
. ? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles.from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
0
For each wetland, specify the following:
Directly abuts? Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of 'a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
® Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
? Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: During the site visit, Stream 2 had flowing water with moderate leaf accumulation; a well defined and
continuous bed and bank; macroinvertebrates and amphibians were observed within the stream channel; fish were observed in
the stream channel during previous visits. Stream 2 flows into Maxey Mill Creek (Stream Z).
. ? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
• ? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
• and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly.or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U. S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED (INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
Other factors. Explain:
• aSee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook
io Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Identify water body and summarize rationale supporting determination:
r1
LJ
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
• El Lakes/ponds: acres.
El Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U. S. Geological Survey map(s). Cite scale & quad name:
® USDA Natural Resources Conservation Service Soil Survey. Citation:http://websoilsurvey.nres.usda.
® National wetlands inventory map(s). Cite name: www.fws.gov/nwi.
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):
or ® Other (Name & Date): June 18, 2008.
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
• B. ADDITIONAL
COMMENTS TO SUPPORT JD:
r 1
U
ATTACHMENT C
Site Photographs
•
n
U
Fig.
?J
?J
F-1
LJ
C-1
Greenville Utilities Raw Water Intake Improvements
Attachment C Wetland Delineation
•
•
?J
Attachment C
Greenville Utilities Raw Water Intake Improvements
Wetland Delineation
C-2
Greenville Utilities Raw Water Pumping Station Improvements
Nationwide 12 Pre-Construction Notification
n
ATTACHMENT D
Diffuse Flow Plan
•
0
Greenville Utilities Commission
Raw Water Pumping Stalion Improvements
Diffuse Flow Plan
•
SECTION 1
LEVEL SPREADER SUPPLEMENT FORMS:
- DESIGN SUMMARY FOR LEVEL SPREADER A
- DESIGN SUMMARY FOR LEVEL SPREADER B
- DESIGN SUMMARY FOR LEVEL SPREADER C
- REQUIRED ITEMS CHECKLIST
:1
•
1
P''G envi Ie {!ti ide<. 348 Ra , Water nt ake'-4GC Perm iffing,"Or. 4,31-404 J'det:ands ream ts'=NA1 Perm i ,: tt, L-ffG_c Row Piao ; ec,,,? iysnee`- doc
ATF9O
WA
NCDENR 4 o
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT
This form must be completely filled out, printed and submitted.
DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)!
1. PROJECT INFORMATION ?
Project name Greenville Utilities Commission - Raw Water Intake Improvements
Contact name Brown and Caldwell Attn: Robert Teem
Phone number
Date
Drainage area number
919-233-9178
23,2009
11. DESIGN INFORMATION
For Level Spreaders Receiving Flow From a BMP
Type of BMP NIA
Drawdown flow from the BMP cfs
For Level Spreaders Receiving Flow from the Drainage Area
Drainage area 8,543.00 ftz
Impervious surface area 0.00 ftz
Percent impervious 0.00 %
Rational C coefficient 0.30
Peak flow from the 1 in/hr storm 0.06 cfs
Time of concentration 5.00 min
Rainfall intensity, 10-yr storm
• Peak flow from the 10-yr storm 5,28
0.31 in/hr
cfs
Where Does the Level Spreader Discharge?
To a grassed bioretention cell? N (Y or N)
To a mulched bioretention cell? N (Y or N)
To a wetland? Y (Y or N)
To a filter strip or riparian buffer? N (Y or N)
Other (specify) N/A
rI
Please complete filter ship characterization below.
Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 1 of 2
Filter Strip or Riparian Buffer Characterization (if applicable)
Width of grass
• Width of dense ground cover
Forebay surface area
Feet of level lip needed per cfs
Answer "Y" to one of the following:
Length based on the 1 in/hr storm?
Length based on the 10-yr storm?
Length based on the BMP discharge rate?
Design flow
Is a bypass device provided?
Length of the level lip
Are level spreaders in series?
Total width
Width Level of Spreader wooded vegetation
Elevation at downslope Design base of level lip
Elevation at top of bank of the receiving water
Slope (from level lip to to top of bank)
Are any draws present?
•
Bypass Channel Design (if applicable)
Does the bypass discharge through a wetland?
Does the channel enter the stream at an angle?
Dimensions of the channel (see diagram below):
M
B
W
y
Peak velocity in the channel during the 10-yr storm
Channel lining material
27.00 ft
ft
ft
27.00 ft
5.00 fmsl
5.00 fmsl
0.00 % OK
N (Y or N) OK
sq ft
13 ft/cfs

t ---
M

B
Form SW401-Level Spreader, Filler Strip, Restored Riparian Buffer-Rev.5
N (Y or N)
Y (Y or N)
N (Y or N)
0.31 cfs
N (Y or N) A bypass device is not needed.
13.00 ft Level spreader length OK.
N (Y or N)
(Y or N) Do not complete this section of the worksheet.
(Y or N) Do not complete this section of the worksheet.
Do not complete this section of the worksheet.
ft Do not complete this section of the worksheet.
ft Do not complete this section of the worksheet.
ft Do not complete this section of the worksheet.
ft Do not complete this section of the worksheet.
cfs Do not complete this section of the worksheet
Do not complete this section of the worksheet
M
Parts I. and It. Design Summary, page 2 of 2

AA of w n TF9
O? OG

NCDENR o
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT
This form must be completely filled out, printed and submitted.
DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)l
t. PROJECT INFORMATK)N
Project name Greenville Utilities Commission - Raw Water Intake Improvements
Contact name Brown and Caldwell Attn: Robert Teem
Phone number 919-233-9178
Date February 23, 2009
Drainage area number B
Ill. DESIGN INFORMATION
For Level Spreaders Receiving Flow From a BMP
Type of BMP N/A
Drawdown flow from the BMP cfs
For Level Spreaders Receiving Flow from the Drainage Area
Drainage area 10,960.00 ft
Impervious surface area 0.00 ft
Percent impervious 0.00 %
Rational C coefficient 0.30
Peak flow from the 1 in/hr storm 0.08 cfs
Time of concentration 5.00 min
. Rainfall intensity, 10-yr storm
Peak flow from the 10-yr storm 5,28 in/hr
40
0
.
cfs
Where Does the Level Spreader Discharge?
To a grassed bioretention cell? N (Y or N)
To a mulched bioretention cell? N (Y or N)
To a wetland? Y (Y or N) Please complete filter strip characterization below.
To a filter strip or riparian buffer? N (Y or N)
Other (specify) N/A
•
Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 1 of 2
Filter Strip or Riparian Buffer Characterization (if applicable)
Width of grass 11.00 ft
0 Width of dense ground cover ft
Width of wooded vegetation It
Total width 11.00 ft
Elevation at downslope base of level lip 5.00 fmsl
Elevation at top of bank of the receiving water 5.00 fmsl
Slope (from level lip to to top of bank) 0.00 % OK
Are any draws present? N (Y or N) OK
Level Spreader Design
Forebay surface area sq ft
Feet of level lip needed per cis 13 ft/cfs
Answer "Y" to one of the following:
Length based on the 1 in/hr storm? N (Y or N)
Length based on the 10-yr storm? Y (Y or N)
Length based on the BMP discharge rate? N (Y or N)
Design flow 0.40 cis
Is a bypass device provided? N (Y or N) A bypass device is not needed.
Length of the level lip 13.00 ft Level spreader length OK.
Are level spreaders in series? N (Y or N)
Bypass Channel Design (if applicable)
Does the bypass discharge through a wetland? (Y or N) Do not complete this section of the worksheet.
Does the channel enter the stream at an angle? (Y or N) Do not complete this section of the worksheet.
Dimensions of the channel (see diagram below): Do not complete this section of the worksheet.
M ft Do not complete this section of the worksheet.
B ft Do not complete this section of the worksheet.
W ft Do not complete this section of the worksheet.
y ft Do not complete this section of the worksheet.
Peak velocity in the channel during the 10-yr storm cis Do not complete this section of the worksheet.
.
Channel lining material Do not complete this section of the worksheet.

t ------------
M
.t
M
• B i
•
Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and It. Design Summary, page 2 of 2
AA O?OF W A TF9OG
j r
NCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT
This form must be completely filled out, printed and submitted.
DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)!
L PROJECT INFORMATION
Project name Greenville Utilities Commission - Raw Water Intake Improvements
Contact name Brown and Caldwell Attn: Robert Teem
Phone number 919-233-9178
Date
Drainage area number
23,2009
11. DESIGN INFORMATION
For Level Spreaders Receiving Flow From a BMP
Type of BMP N/A
Drawdown flow from the BMP cfs
For Level Spreaders Receiving Flow from the Drainage Area
Drainage area 9,947.00 ft2
Impervious surface area 0.00 ft2
Percent impervious 0.00 %
Rational C coefficient 0.30
Peak flow from the 1 in/hr storm 0.07 cfs
Time of concentration 5.00 min
Rainfall intensity, 10-yr storm
Peak flow from the 10-yr storm 5.28
0.36 in/hr
cfs
Where Does the Level Spreader Discharge?
To a grassed bioretention cell? N (Y or N)
To a mulched bioretention cell? N (Y or N)
To a wetland? Y (Y or N)
To a filter strip or riparian buffer? N (Y or N)
Other (specify) N/A
Please complete filter strip characterization below.

Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and ll. Design Summary, page 1 of 2
•
•
Filter Strip or Riparian Buffer Characterization (if applicable)
Width of grass
Width of dense ground cover
Width of wooded vegetation
Total width
Elevation at downslope base of level lip
Elevation at top of bank of the receiving water
Slope (from level lip to to top of bank)
Are any draws present?
Level Spreader Design
Forebay surface area
Feet of level lip needed per cis
Answer "Y" to one of the following:
Length based on the 1 in/hr storm?
Length based on the 10-yr storm?
Length based on the BMP discharge rate?
Design flow
Is a bypass device provided?
Length of the level lip
Are level spreaders in series?
Bypass Channel Design (if applicable)
Does the bypass discharge through a wetland?
Does the channel enter the stream at an angle?
Dimensions of the channel (see diagram below):
M
B
W
y
Peak velocity in the channel during the 10-yr storm
Channel lining material

1 ------------
M
• B i
.7
Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5
12.10 ft
ft
ft
12.10 it
5.00 fmsl
5.00 fmsl
0.00 % OK
N (Y or N) OK
sq ft
13 ft/cfs
N (Y or N)
Y (Y or N)
N (Y or N)
0.36 cfs
N (Y or N) A bypass device is not needed.
13.00 ft Level spreader length OK.
N (Y or N)
(Y or N) Do not complete this section of the worksheet.
(Y or N) Do not complete this section of the worksheet.
Do not complete this section of the worksheet.
ft Do not complete this section of the worksheet.
ft Do not complete this section of the worksheet.
ft Do not complete this section of the worksheet.
ft Do not complete this section of the worksheet.
cfs Do not complete this section of the worksheet
Do not complete this section of the worksheet
M
Parts I. and II. Design Summary, page 2 of 2
•
u
•
III. REQUIRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a
requirement has not been met, attach justification.
Page/ Plan
Initials Sheet No.
WX X 1. Plans (1" 50' or larger) of the entire site showing:
Design at ultimate build-out,
Off-site drainage (if applicable),
Delineated drainage basins (include Rational C coefficient per basin),
Forebay (if applicable),
High flow bypass system,
Maintenance access,
Proposed drainage easement and public right of way (ROW), and
Boundaries of drainage easement.
WJK X 2. Plan details (1" = 30' or larger) for the level spreader showing:
Forebay (if applicable),
High flow bypass system,
One foot topo lines between the level lip and top of stream bank,
Proposed drainage easement, and
Design at ultimate build-out.
WJK X 3. Section view of the level spreader (1" = 20' or larger) showing:
Underdrain system (if applicable),
Level lip,
Upslope channel, and
Downslope filter fabric.
WJK X 4. A date-stamped photograph of the filter strip that clearly shows the type of vegetation that is present.
WJK X 5. A construction sequence that shows how the level spreader will be protected from sediment until the entire
drainage area is stabilized.
WJK X 6. The supporting calculations.
WJK X 7. A copy of the signed and notarized operation and maintenance (0&M) agreement.
WJK N/A 8. A copy of the deed restrictions (if required).
Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5
Part III, page 1 of 1
Greenville Utilities Commission
Raw Water Pumping Station Improvements
Diffuse Flow Plan
•
SECTION 2
REQUIRED ITEMS CHECLIST
- ITEM 1 (Plans)
ITEM 5 (Sequence of Construction)

•
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Raw Water Pumping Station Improvements
Diffuse Flow Plan
•
SECTION 3
REQUIRED ITEMS CHECKLIST:
ITEM 2 (Plan Details)
ITEM 3 (Section View of Level Spreaders)
•
•
- ------------------
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Greenville Utilities Commission
Raw Water Pumping Station Improvements
Diffuse Flow Plan
•
SECTION 4
REQUIRED ITEMS CHECKLIST:
. ITEM 4 (Present Vegetation Photos)
•
•
4
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Greenville Utilities Commission
Raw Water Pumping Station Improvements
Diffuse Flow Plan
•
SECTION 5
REQUIRED ITEMS CHECKLIST:
. ITEM 6 (Supporting Calculations)

r
•
5
F?iGreenvj le uti?i:ies`.184891 Raw Water n2aee', 4;r ! Pa mitting' 3G0 401-404'A'etlands Pe ltsNh P i ifAtt D D'dt, e Fevv Pia ,Zeai n -l;snees.dor
E
•
E
AND
CALDWELL
Title:SECTION 3-2
Greenville Utilities Commission
Raw Water Pumping Station
Improvements
ES&C Calcs
Greenville Utilities Commission Raw Water Pumping Station Improvements
Erosion and Sedimentation Control Design Calculations
(Based on the NC Erosion and Sediment Control Planning and Design Manual)
Unit Definitions:
ft ft3
fps := - cfs := -
sec sec
Problem Statement:
The Greenville Utilities Commission (GUC) Raw Water Intake & Pumping Station Improvements site will require erosion
and sediment control. This will be accomplished by constructing temporary silt fences, silt fence stabilization outlets,
and a level spreader.
Temporary Silt Fence Design Check:
From the design standard 6.62 for sediment fence in the NC Erosion Control Design and Planning Manual, silt
fence shall only be placed below small-disturbed areas that are less than 1/4 acre per 100 LF of fence for slopes
less than 2 percent
There is a total of 2.98 acres of disturbed area on the project site.
Length of silt fence = 2186 LF
Actual = 0.14 ac/100 LF of fence < req'd 0.25 ac/100 LF of fence
Design OK
Design of Level Spreaders A - C at End of Silt Fence Stabilization Outlets:
Based on the Rational Method calculation results a flows of 0.3 to 0.4 cfs was used for sizing the level
spreader. From Table 6.40a in the NC Erosion Control Design and Planning Manual:
Entrance Width = 10 ft
Height = 0.5 ft
End Width = 3 ft
Length = 13 ft
Project: Raw Water Pumping Station Date Started: 02/03/2009 \\bcra102\projects\Greenville Utilities
Improvements Last Modified: 2/23/2009 \134891 Raw Water Intake\-400
Project Number: 134891 Cale. By: J. Kincaid Permitting\-300 401-404 Wetlands
Checked: K. Golembesky Permits\NW Permit\Level Spreader
Supplement Form\Required Items
Checklist\
Greenville Utilities Commission
Raw Water Pumping Station Improvements
Diffuse Flow Plan
•
SECTION 6
REQUIRED ITEMS CHECKLIST:
ITEM 7 (Operation and Maintenance Agreement)
•
•
6
P'Geer ?;!e Uti6 ,1,'<,48g' Raw ;Nate t take -49;i Permitting; 90 401-404'hef;anc6 Pem'ts'.MN Perm n,Att E u" s. Fc? " Ian'Secti Pi;saee?s.dos
•
•
•
Permit Number:
(to be provided by DWQ)
Drainage Area Number:
Filter Strip, Restored Riparian Buffer and Level Spreader
Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
Immediately after the filter strip is established, any newly planted vegetation
will be watered twice weekly if needed until the plants become established
(commonly six weeks).
Once a year, the filter strip will be reseeded to maintain a dense growth of
vegetation
Stable groundcover will be maintained in the drainage area to reduce the
sediment load to the vegetation.
Two to three times a year, grass filter strips will be mowed and the clippings
harvested to promote the growth of thick vegetation with optimum pollutant
removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and
may be allowed to grow as tall as 12 inches depending on aesthetic requirements
(NIPC,1993). Forested filter strips do not require this type of maintenance.
Once a year, the soil will be aerated if necessary.
- Once a year, soil pH will be tested and lime will be added if necessary.
After the filter strip is established, it will be inspected quarterly and within 24 hours
after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County).
Records of operation and maintenance will be kept in a known set location and will be
available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problem: How I will remediate the roblem:
The entire filter strip Trash/ debris is present. Remove the trash/debris.
system
The flow spllitter device The flow splitter device is Unclog the conveyance and dispose
(if applicable) clogged. of an sediment off-site.
The flow splitter device is Make any necessary repairs or
damaged. replace if damage is too large for
re air.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3

•
•
BMP element: Potential problem: How I will remediate the problem:
The swale and the level The swale is clogged with Remove the sediment and dispose
lip sediment. of it off-site.
The level lip is cracked, Repair or replace lip.
settled, undercut, eroded or
otherwise damaged.
There is erosion around the Regrade the soil to create a berm
end of the level spreader that that is higher than the level lip, and
shows stormwater has then plant a ground cover and
bypassed it. water until it is established. Provide
lime and a one-time fertilizer
application.
Trees or shrubs have begun Remove them.
to grow on the swale or just
downslo e of the level lip.
The bypass channel Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully, and then
reestablish proper erosion control.
Turf reinforcement is Study the site to see if a larger
damaged or ripap is rolling bypass channel is needed (enlarge if
downhill. necessary). After this, reestablish
the erosion control material.
The filter strip Grass is too short or too long Maintain grass at a height of
if applicable). approximately three to six inches.
Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Sediment is building up on Remove the sediment and
the filter strip. restabilize the soil with vegetation if
necessary. Provide lime and a one-
time fertilizer application.
Plants are desiccated. Provide additional irrigation and
fertilizer as needed.
Plants are dead, diseased or Determine the source of the
dying. problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application.
Nuisance vegetation is Remove vegetation by hand if
choking out desirable species. possible. If pesticide is used, do not
allow it to get into the receiving
water.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality local Regional Office, or the
outlet. 401 Oversight Unit at 919-733-1786.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3
Permit Number:
(to be provided by DWQ)
• I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:GUC Raw Water Intake Improvements
BMP drainage area number:
Print name: L< /? N /3 A'4- I--
L- ,tit d /?-
Title: if-e- r2> 2 o F = L(J?-rz-'n- /? t sau rZc
Address: O /moo X t 8 7 Gn c:-t^rv y /G-- It> G -R-7g-3:5-
S-St - 1 S S'
Phone: e'7-5-2-)
Signature:_
Date: -317-1,09
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
10 I, /a ?'2r? rIG?Q.t?dti r??c? n , a Notary Public for the State of
/umrqA h /7 a- , County of , do hereby certify that
?&loll Z. 6rnorc-/ personally appeared before me this Q ?tOr
day of a,rcG? , -42609 , and acknowledge the due execution of the
forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements.
Witness my hand and official seal,

:t4

y
? ao
? 0
a a

a 1p 5

SEAL
?? Ott
• M commission expires I!-a??aDl!
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3