20170873 Ver 2_USACE Permit_20180716

Strickland, Bev
From: Greer, Emily C CIV USARMY CESAW (US) < [e-mail] >
Sent: Monday, July 16, 2018 4:34 PM
To: Jonathan McDaniel
Cc: Mickey Sugg; and [e-mail]; Mairs, Robb L
Subject: [External] SAW -2016-01948, Wylie Branch SD NWP (UNCLASSIFIED)
Attachments: eSAW-2016-01948.pdf, SAW -2016-01948 MRTF NECFMUB Holly Shelter.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
CLASSIFICATION: UNCLASSIFIED
Please find the attached and feel free to contact me with any questions.
Thank you for your patience.
Emily Greer, Regulatory Specialist
Wilmington District - Wilmington Regulatory Field Office
69 Darlington Avenue, Wilmington, NC 28403
910.251.4567 (o)
CLASSIFICATION: UNCLASSIFIED
1

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-01948 County: Pender U.S.G.S. Quad: NC-Mooretown
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Island Creek Developers, LLC
c/o Anthony Sydes
Address: PO Box 7122
Jacksonville, NC 28540
Telephone Number: 910.455.6956
E-mail: leahguinn(a)sydescommunity.com
Size (acres) 231.27 Nearest Town Rocky Point
Nearest Waterway Harrisons Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.3765
Longitude: -77.7828
Location description: The proiect is located on the north side of Island Creek Road between WO Johnson Avenue and
Churchhouse Bay Lane.
Description of projects area and activity: This verification authorizes the permanent filling of 0.09 -acre of riparian wetland, 0.12 -
acre of non -riparian wetland. 0.07 -acre of open water, and 40 linear feet of perennial stream channel and temporary
disturbance to 0.01 -acre of open water and 10 linear feet of stream channel for the purpose of constructing a 238 -lot
residential subdivision, Wylie Branch SD. Impacts are associated with road and lot development. Compensatory mitigation
will occur at a 2:1 ratio with the Northeast Cane Fear Umbrella Mitigation Bank for a total of 0.20 -acre of riparian and 0.20 -
acre of non -riparian wetland restoration credits.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 5/14/2018, and the enclosed plans Sheets 1-8 and Sheet 6-11 of 35 dated 5/14/2018
and 6/16/2018, respectively. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, 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 Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
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 Emily Greer at 910.251.4567 or emily.c.greer(&usace.armv.mil.

ally
ed by
00
GREER.EMILY.C.1385325 DDNic=US!o=U.S.Governmennt ou=DoD3ou3PKI,
ou=USA, cn=GREER.EMILY.C.1385325300
Corps Regulatory Official300 Date: 2018.07.1616:14:43-04'00' Date: 7/16/2018
Expiration Date of Verification: 03/18/2022

SAW -2016-01948
Determination of Jurisdiction:
A. ® There are waters including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the preliminary jurisdictional determination form dated 07/13/2018
and approved jurisdictional determination dated 02/05/2018.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M 15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally Signed by GREER.EMILY.C.1385325300
GREER.EMILY.C.1385325300 DN:
r,-_GREER.EMILY.C.1385325300 u=DoD, —PKI, —USA,
Corps Regulatory Official: _ Date: 2018.0„616,5:04-04'00'
Emily Greer
Date of JD: 07/13/2018
Expiration Date of JD: Not applicable for PJD and 02/05/2023 for AM

SAW -2016-01948
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm apex/f?p=136:4:0
Copy furnished:
Agent: LMG
Kim Williams
E-mail: kwilliamsna,lmLxom

SAW -2016-01948
SPECIAL CONDITIONS
SAW -2016-01948
WYLIE BRANCH SUBDIVISION
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions
listed on this form, are hereby incorporated as special conditions of this permit authorization.
Compensatory mitigation will occur at a 2:1 ratio with the Northeast Cape Fear Umbrella Mitigation
Bank for a total of 0.20 -acre of riparian and 0.20 -acre of non -riparian wetland restoration credits.
2. The following DEED NOTIFICATION shall be recorded in the Pender County Registry of Deeds
within 60 days of permit issuance (07/13/2018) for the properties referred to as Lots 7, 8, 11, 12, 17, 18,
134-137, 151, and 160-172 within the development Wylie Branch Subdivision on the attached plan
entitled "Overall 404 Impacts Map" to include Sheets 1 of 8, dated May 14, 2018, prepared by Parker &
Associates, Inc.
"A portion of this lot, as determined by the Wilmington District US Army Corps of
Engineers (USACE) under Action ID# SAW -2016-01948, contains waters of the U.S.,
including wetlands, which are subject to the permit requirements of Section 404 of the
Clean Water Act (33 USC 1344). Any placement of dredged or fill material within these
waters without Department of Army authorization may constitute a violation of Section
301 of the Clean Water Act (33 USC 1311). Prior to any work within the jurisdictional
areas, you must contact the U. S. Army Corps of Engineers, Wilmington District
Regulatory Division, Wilmington, North Carolina. This covenant is to run with the land
and shall be binding on all Parties and all persons claiming under them."
Property Owner Signature
Owner Name:
Owner Address (City, State, Zip Code):
Owner Telephone:
Owner Email:
STATE of North Carolina
County
I, , a Notary Public of the State of North
Carolina, County, hereby certify that owner
personally appeared before me this day of and
executed by above certification.

SAW -2016-01948
Witness my hand notarial seal, this day of, 20_.
Notary Public
My commission expires:
a. The DEED NOTIFICATION shall be completed using the format provided above. Within 30
days of recording the DEED NOTIFICATION, the Permittee shall provide a copy of the recorded
DEED NOTIFICATION to the Wilmington District Regulatory Division clearly showing a stamp
from the appropriate official indicating the book and page at which the DEED NOTIFICATION
is recorded and the date of recording.
b. In the event this permit is transferred, proof of delivery of a copy of the recorded DEED
NOTIFICATION(S) to the subsequent Permittee or Permittees shall be submitted to the Corps
together with the notification of permit transfer.

CERTIFICATE OF COMPLETION
Action ID Number: SAW -2016-01948 County: Pender
Permittee: Island Creek Developers, LLC, c/o Anthony Sydes
Project Name: Svdes, Anthony / Island Creek Developers / Coleman Parks
Date Verification Issued: 7/16/2018
Project Manager: Emily Greer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Emily Greer
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
FApplicant:
Island Creek Developers, LLC, c/o Anthony
File Number: SAW -2016-01948
Date: 7/16/2018
es
Attached is: See Section below
PROFFERED PERMIT Standard Permit or Letter of ermission A
RED PERMIT Standard Permit or Letter of ermission B
DENIAL C
LAPPROVED
JURISDICTIONAL DETERMINATION D
INARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.gM.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section I1 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section I1 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Emily Greer
CESAD-PDO
Wilmington Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
69 Darlington Avenue
Atlanta, Georgia 30303-8801
Wilmington, North Carolina 28403
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investigations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Notes:
1. Work to reroute the existing drainage shall be done during periods of dry weather. In the event that a rainfall should occur during
construction, the contractor shall pump around site drainage to a sediment trap or basin to prevent any additional impacts to the stream.
2. Weiland crossings: initial disturbance of these areas shall be limited to only that orea minimally needed to allow passage of
construction equipment to prepare for the installation of the crossing and to execute upland construction on the opposing side of the
crossing. Grubbing or land disturbance of the subject area shall not be performed until the culverts, backfill material, erosion and
sediment control materials or devices sufficient to substantially complete the construction and stabilization of the crossing are
staged or stockpiled at the location. Due consideration shall be given to impending inclement weather conditions that may adversely
affect the completion of the crossing in the shortest time practicable.
3. Drainage work shall be completed in the minimum time necessary.
Construction Sequence:
4. No construction of the drainage for the wetland impact shall commence until all materials needed for the impact are staged on site,
and the temporary dams are installed to impede flows.
5. Establish clearing limits per approved plans. Clear and grub impact area as needed. Immediately install the temporary dams upslope
of the headwall. Temporary seed and mulch disturbed area. Do not clear or disturb any unpermitted areas.
6. Install drainage. Fill, compact and finish grode area.
7. Install permanent ground cover (sod) on slopes near the headwall and pipe outlet.
8. Install silt fence at toe of fill slope and as needed to prevent erosion.
9. 5ee the construction plans for additional details.
10. See wetlands permit for additional requirements.
Stream Impact #I eM #2
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Topsail Twp., Pender Co., North Carolina Disk Name: Arad 42661
100 Carolina Plantations Boulevard Drawn: BLD P.O. Box 976- 28541-0976 306 New Bridge Street - 28540
Jacksonville, North Carolina 28546 Jab No.: 5161222-6403 Phone [phone] - Fax [phone]
Firm License Number: F-0108
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=1'Mn• Dale: 05/14118
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WYLIEBRANCH Field Book:Wylie Bmneh,Pg. 1-6 Consulting Engineers - Land Surveyors - Land Planners
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100 Carolina Plantations Boulevard Drawn: BLD P.O. Box 976- 28541-0976 306 New Bridge Street - 28540
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Firm License Number: F-0108

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0.07 Ac. (Non -Riparian)
Begin Ditch sheet Flow
•
-21.1]0 I)rainage6z
—� •• •, '�
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199 L.F.
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Begin Ditch
D"a�na
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W .� Top 23-69
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\4� l. -S r
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Top 23.53
CL Inv. 12.70
lti
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J
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\!. w
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�
Plan View
Scale: r=40'
Legend:
Ac. - Acres
CL - Centerline
R - Radii
R/W - Right-of-way
RRA - Rip Rap Apron
Typ. - Typical
Wetlands
®- Wetlands Impact
Contour Line
— - — - Wetlands Line
25
20
15
13+00
Sewer Not shown in
Profile View For Clarityssssss.sss+i
,OPAN ssR°4
2QQOFE �hy�?A
SEAL q n`t fZ
37928 0 J; 5/IN/►$
�OZ9jINS p
nnsusa
Wetlands Impact #2 - Sheet 3 of 8
14+00
Profile View
Scale; Harz. 1"=40'
Vert. 1"=4'
25
20
15
15.00
GRAPHIC SCALE: r=40'
0 40 80 120
FEET
owns s
Island Creek. Date:osn4ne SPARKER & ASSOCIATES INC.
"=40'
WYLIEBRANCH Field Book: WylieE.ch,Pg.1-6 Consulting Engineers - Land Surveyors - Land Planners
Developers, LLC Filite. NName: WB Wetlaadslmpaet.dwg Jacksonville, North Carolina
Topsail Twp., Pender Co., North C. -h— Disk N ­:A -d424561
100 Carolina Plantations Boulevard P.O. Box 976 - 28541-0976 306 New Bridge Street - 28540
Drew.: BLD Phone [phone] -Fax [phone]
Jacksonville, North Carolina 28546 JabN°.:S161222-6403 Firm License Number: F-0108 9
)45
IN

GRAPHIC SCALE: 1"=4V
0 40 80 120
Wetlands Impact 43 - Sheet 4 of 8 FEET
Pr jest: Owners: Date: 05114/18
WYLIE BRANCH Island Creek S-1.! 1"=40' PARKER &ASSOCIATES, INC.
Feld Book: Wylie Branch, Pg. 1-6 Consulting Engineers Land Surveyors Land Planners
Developers, LLC File Name: WB Wetlands Imp—dg Jacksonville, North Carolina
Topuil Twp., Pender Co., North Carolina 100 Carolina Plantations Boulevard Di :k Name: Aced 92661 P.O. Box 976 -28541-0976 306 New Bridge Street - 28540
Drawn: BLD
Jacksonville, North Carolina 28546 Job No.:5161222-6403 Phone [phone] - Fax [phone]
Firm License Number: F-0108
Legend:
Ac. - Acres
CL - Centerline
R - Radii
R/W - Right-of-way
_
RRA - Rip Rap Apron
Typ.- Typical
W Wetlands
l / F
GPS Grid North 15' Permanent Drama -+ 8' S5
'83,
®-Wetlands impact
NAD (2 111) 6 Utility Easement �\ Isolated
\ > ] /
29 V Wetlands
1
— —23— — - Contour Line
_
\
— - Wetlands Line
S
\ MH #I \ Inv In
Sta. 28e50 ) 18.00' •• _ 'Q' i
Top22.03
249 L.F. CL nv. 5.70 I •. betsra-/
8.
G9
Inv. Out XX I 150
17.70'
Use 45" Bends To S -�
Offset Water
Outside of
Drainage Pipes ] • J l \
Wetlands Impact #3 /
\ / 0.03 Ac. (Non -Riparian)
�t "•
EssR���2 =;
15' Pern1prent Drainage
& Utility6a/semeni
: �Q--V
SEAL 6.'( lD
37928 ✓
5/,y�
_�
�00.y9j�!rQIN�.
ap?�
,RN
Plan View
5cole: 1"=40'
GRAPHIC SCALE: 1"=4V
0 40 80 120
Wetlands Impact 43 - Sheet 4 of 8 FEET
Pr jest: Owners: Date: 05114/18
WYLIE BRANCH Island Creek S-1.! 1"=40' PARKER &ASSOCIATES, INC.
Feld Book: Wylie Branch, Pg. 1-6 Consulting Engineers Land Surveyors Land Planners
Developers, LLC File Name: WB Wetlands Imp—dg Jacksonville, North Carolina
Topuil Twp., Pender Co., North Carolina 100 Carolina Plantations Boulevard Di :k Name: Aced 92661 P.O. Box 976 -28541-0976 306 New Bridge Street - 28540
Drawn: BLD
Jacksonville, North Carolina 28546 Job No.:5161222-6403 Phone [phone] - Fax [phone]
Firm License Number: F-0108

n
WYLIE BRANCH
Topsail Twp., Peder Ca., North Carolina
Plan View
Scale: 1'=40'
Le end
Ac.- Acres
CL- Centerline
R - Radii
R/W - Right-of-way
RRA - Rip RAP Apron
Typ. - Typiml
Wetlands
®- Wetlands Impact
— --23 — -Contour Line
— - I — - Wetlands Line
Open Water Impact #
/ J 134
See Sheet 8 of B
/
Rrw _, -� -
F. ----"-1
�/
Lit
\
)
5ewer Not Shown in
Profile View For Clarity
GPS Grid North
NAD '83, (2011)
Wetlands Impact #4 - Sheet 5 of 8
15
10
05
1+00 2+00
Profile View
Scale: Harz. P=40'
Vert. 1"=4'
15
10
05
GRAPHIC SCALE:1 "=40'
0 40 80 120
FEET
,. Island Creek �1e054o18 PARKER & ASSOCIATES, INC.
Field Book: Wylie Branch, Pg. 1-6 Consulting Engineers - Land Surveyors - Land Planners
Developers, LLC File Na— WB Wetlands lmpactd..g Jacksonville, North Carolina
100 Carolina Plantations Boulevard Disk Name: Aad 92661
Drawn: BLD P.O. Box 976 - 28541-0976 306 New Bridge Street - 28540
Jacksonville, North Carolina 28546 Job No.: 5161222-6403 Phone [phone] - Fax [phone]
Firm License Number: F-0108
MAI

In
Q
e
IJ
O I O
176 177
176
Existing Ditch)
srs sra wrtn
NnD'H3 (2011)
tti
•• \Pr �X Wetlands Impact 7x1
See Sheet 2 of 8
O 14 O r W a
Open Spew
Common Area #1
175
174
173 172
Existing
171 170 %\
�J Ditch- u W` W ` W` + W y a
Open Water Impact #1 W W
Open 5P.ce RPW To Be Filled at Back of Lots 171 & 170
Wetlands Common area #7 / / �.. / 204' Long x 1.5' Wide
Lim,(Typ.) 0.01 Ac. Impact
50' Vegetated 5etback�
/ / / 6tv��%/ W r• W%, ..tatter..
off/ s y W / �a ��i CAgO e,
SEAL
37928 Q
i W W / / wetianas �y9 .F�G1NE cfQ ?:
/ Reser.d
W / Ry O n r Line (Typ-)
.11W
L• egend:
Ac. -Acres
CL - Centerline
R - Radii
R/W - Right-of-way
RRA - Rip Rap Apron
Typ,- Typical
Wetlands
®- Wetlands Impact
— 2-- — - Contour Line
— � � — -Wetlands Line
GRAPHIC SCALE: V=100'
0 50 100 200 300
Open Water Impact #1 - Sheet 6 of 8 FEET
0— PARKER & ASSOCIATES INC.
Date: o5n4ns
Island Creek Field Book:
�
WYLIEBRANCH B.n.h, ConsultingEngineers- Land Surveyors - Land Planners
Developers, LLC File Name: WBWetlaadslmpaccdwg Jacksonville, North Carolina
Topsail Twp., Pender Co., North CaroGaa 100 Carolina Plantations Boulevard Disk No-.; Aced N2661 D-.: BLD P•O. Box 976 - 28541-0976 306 New Bridge Street - 28540
Jacksonville, North Carolina 28546 Job No.: 5167222-6403 Phone [phone] -Fax [phone]
Firm License Number: F-0108
9

ahpl
P. Id W-dfin
D.B. 4620, Pg. 2710 I
n
Open Water Impact #3
RPW To Be Filled
221' Long x 1.5' Wide
= 0.01 Ac. Impact
148
147 pt
:rG
204
146
145
205
144
143
142 Wetlands Impact #4
Nq0 'e'd �Mh
3 12011)
208
207
206
as`e
Ls�e L
130
131
132
127
129 128 O
Legend:
Ac. - Acres
CL - Centerline
R - Radii
R/W - Right-of-way
RRA - Rip Rap Apron
Typ. - Typical
Wetlands
®- Wetlands Impact
21— — - Contour Line
— . — - Wetlands Line
\ See Sheet 5 of 8
133
Wetlands
y Line (Ty
RPW
—�
141 �'
W a.� .
�—
/?' W
. \ ,/ •
RPW
oQ FEssip �L
O
140 W W W
?Q !'9
135 W "•
O
Open Water Impact #4
SEAL (�i
=
�W
RPW To Be Filled
730' Long x 1.5 Wide
37928
iSr/�lffg
net�Typ) �.
= 0.03 Ac. Impact
\ W
W GRAPHIC SCALE: 1"=100'
' qN L M�O>'>>
0 50 100 200 300
Open Water Impacts #3 and #4 - Sheet
8 of 8 FEET
Project
°ars
Island Creek
Date: 05!14/18
'
PARKER &ASSOCIATES INC.
WYLIE BRANCH
Developers, LLC
Field Book: Wylie Branch, Pg. 1-6
Scale: Name; WB Wetlandslmpact dwg
Fie
Consulting Engineers - Land Surveyors - Land Planners 1�'/'/+����[���■�
Jacksonville, North Carolina
T.p:ail Twp., Pander Co., Nonh Carolina
100 Carolina Plantations Boulevard
Disk Name Aced N2661
P•O. Box 976 - 28541-0976 306 New Bridge Street - 28540
Jacksonville, North Carolina 28546
.- BL
Drawn: BLD
Job N.: S161222-6403
45
Phone [phone] -Fax [phone]
Firm License Number: F-0)

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NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK
Agent: Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Credit Reservation Letter
July 5, 2018
Parker & Associates, Inc.
Attn. Jonathan MacDaniel
306 New Bridge Street
Jacksonville, INC 28540
Project: Wylie Branch (Island Creek Road) — Pender County, NC
Dear Jonathan:
The Northeast Cape Fear Umbrella Mitigation Bank (Bank) is providing preliminary acceptance to supply
mitigation credits for impacts to stream, riparian, and non -riparian wetlands associated with the above -
referenced project located off of Island Creek Road (southwest of the intersection of Island Creek Road and
NC Highway 210) in Pender County, North Carolina. Please refer to the table below depicting the type and
quantity of credits requested and reserved for your project.
The Bank will reserve the wetland credits identified above through August 31, 2018. Note that requests to
reserve credits beyond this date will require a deposit. Upon request for credit transfer, the Bank will issue
an invoice in the amount of $36,112.47. Upon receipt of payment, the Bank will provide an executed
Transfer of Credit Certificate for the total amount of credits invoiced and paid for. If you have any
questions or need additional information, please contact me by phone at [phone] or by email at
[e-mail].
Sincerely,
Northeast Cape Fear Umbrella Mitigation Bank
Christian Preziosi
Land Management Group, Inc. (agent)
Northeast Cape Fear Umbrella Mitigation Bank 1
c/o Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Fee
$0.00
Mitigation Type
Credits Reserved
T Fee Per Uni
Stream
0
$36,112.47
$508.00
Non -Riparian Wetland*
F 0.4 —F—$60,187.45
Riparian Wetland*
0.2
F_
$60,187.45
1
F
Total
*Note that the Bank reserves wetland credits in tenth -acre
increments.
The Bank will reserve the wetland credits identified above through August 31, 2018. Note that requests to
reserve credits beyond this date will require a deposit. Upon request for credit transfer, the Bank will issue
an invoice in the amount of $36,112.47. Upon receipt of payment, the Bank will provide an executed
Transfer of Credit Certificate for the total amount of credits invoiced and paid for. If you have any
questions or need additional information, please contact me by phone at [phone] or by email at
[e-mail].
Sincerely,
Northeast Cape Fear Umbrella Mitigation Bank
Christian Preziosi
Land Management Group, Inc. (agent)
Northeast Cape Fear Umbrella Mitigation Bank 1
c/o Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Fee
$0.00
$24,074.98
$12,037.49
$36,112.47
The Bank will reserve the wetland credits identified above through August 31, 2018. Note that requests to
reserve credits beyond this date will require a deposit. Upon request for credit transfer, the Bank will issue
an invoice in the amount of $36,112.47. Upon receipt of payment, the Bank will provide an executed
Transfer of Credit Certificate for the total amount of credits invoiced and paid for. If you have any
questions or need additional information, please contact me by phone at [phone] or by email at
[e-mail].
Sincerely,
Northeast Cape Fear Umbrella Mitigation Bank
Christian Preziosi
Land Management Group, Inc. (agent)
Northeast Cape Fear Umbrella Mitigation Bank 1
c/o Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403

Compensatory Mitigation Responsibility Transfer Form
Permittee: Island Creek Developers, LLC, c/o Anthony Sydes Action ID: SAW -2016-01948
Project Name: Sydes, Anthony / Island Creek Developers / Coleman Parks County: Pender
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030007, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.20 0.20
0.09
0.12
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030007, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine Non -Riparian
Coastal
0.20 0.20
Mitigation Site Debited: NECFUMB Holly Shelter
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Emily Greer
USACE Field Office: Wilmington Regulatory Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Email: [e-mail]
Digitally signed by GREER.EMILY.C.1385325300
GREER.EMILY.C.1385325300 ccn=GREER.EMILY.0385325300 u=DoD, ou=PKl, ou=USA,
Date: 2018.07.16 16:16:20 -04'00'
USACE Project Manager Signature
7/16/2018
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 7/16/2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Island Creek Developers, LLC, c/o Anthony Sydes, PO
Box 7122,Jacksonville, NC 28540
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sydes, Anthony / Island Creek
Developers / Coleman Parks, SAW -2016-01948
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located on the north side of
Island Creek Road between WO Johnson Avenue and Churchhouse Bay Lane.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Pender City: Rocky Point
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.3765 Longitude: -77.7828
Universal Transverse Mercator:
Name of nearest waterbody: Harrisons Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e .,
which the aquatic resource
Site Number
review area (acreage
"may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Wetland A
34.37855
-77.78393
5.69 ac
Wetland
404
Wetland B
34.38382
-77.78286
0.14 ac
Wetland
404
Wetland K
34.38382
-77.78286
0.03 ac
Wetland
404
Wetland
34.37982
-77.78427
0.26 ac
Wetland
404
ip
Wetland X
34.38672
-77.78094
13.68 ac
Wetland
404
Non -wetland
Stream 1
34.37855
-77.78393
1310 If
404
waters
Non -wetland
Stream 2
34.37855
-77.78393
1154 If
404
waters

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
Non -wetland
Stream 3
34.37855
-77.78393
694
404
waters
Non -wetland
RPW 1
34.37855
-77.78393
204
404
waters
Non -wetland
RPW 2
34.384
-77.78115
730
404
waters
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Isolated and Jurisdictional Features Maps_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ 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: 1:24k, Mooretown, NC
® Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey
® National wetlands inventory map(s). Cite name: USFWS Online Wetland Mapper_
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: FEMA.gov
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): SimSuite 2018
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
ed by G
GREER.EMILY.C. DNIc=IUS,I o= S'Government ou=lDoD325300
ou=PKI, ou=USAcn=GREERI,
.C.l 38535300
1385325300 Date: 2018077.1`61616:58-04'00
Signature and date of Regulatory
staff member completing PJD
07/13/2018
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

Note: Legend:
Ac. - Acre SITE
All Distances are horizontal ground, U.S. survey feet. BPS Gr;d North ■ CMF - Concrete Monument Found
NAD 83 (2011) 0 Comp. - Computed Point ii
All acreage's calculated by coordinates. render A n
D.B. - Deed Book c—ty
Edge of Pavement '"'+ 'a
No Register of Deed search done by or furnished by to surveyor regarding EOP - /� ; o�
Deed of Covenant Restriction. ex. - Existing r°
New Hanover §
0 IPF - Iron Pipe Found i s
O ISF -Iran Stake Found coanry k ° cH� c°m
Boundary data shown per survey work by Parker & Associates, Inc. Dated N64°IL'2T'W Nl9°55'33"E M.B. - Iron
Book
Feburary, 2017. Boundary of Spring Branch Computed From An Electronic 17.88' comp' 0.94' P
Overlay of The Record Maps of Cross Creek With Surveyed Lot Corners Williams Sumn co Trustee imp CMF Pg. Page
of Herring Family Trust R/W - Right-of-way
D.B. 1925, Pg. 40 N61°13'27"W SF - Square Feet
Wetlands line delineated by Pittman Soil & Consulting. 502.00' eende
B9g x AP7 - Wetlands Flog VP1 f f coanry
The GPS portion ci the boundary/control work was performed to third order, �• Nfy° wNana
Total 404 Wetlands: 21.62 Ac. CMF ss. r Ne�annry
Class 1, FGCC specifications, the coordinates were obtained by Real Time 33F r'J•9 Wetlands
Kinematic Differential GPS Observations using Trimble Survey Grade 5800 N83°49'02"W 3?OS42• 1
GPS Unit, NCGS TRK Network Adjustments to INC Grid NAD '83, (2011) with 370.36' V1C1IIlty Sketch
the average relative positional precision of 0.1'. � Not to Scale
CMF \
\ Helen Kaylor
6.Simpson
USA Global Resources 2$ps\ D.B. 2165, Pg. 130
M.B. 06, Pg. 52 v =
D.B. 4114, Pg. 181 3
Wetlands Line "7P"
dirt road0.26 Ac.
✓ \Comp. N06°57'13"W 3498.35' n
o USACE FlagStream #1 Comp. N06°46'13"W 1220.87' CMF Project Limits ` "AA"
�I "Begin RPW" 1,310 LF. rd ends DCom15p.
v: Wetlands Line ""
£ "A ,"AAA',"XO" : Break Point 1 8.155 Pro) g t A63 455°35' 22"E Comp.
of Ditch is 463.21'
\ 5.69 Ac. RPWp/'Imp.
. / Stan of RPw 231.27 Total Ac.
7 ///•��iD Sttoom FZ RPW Wetlands 1V i:/...:
1154 • :� Stream#1 ' o 0.03 Ac. :::. \II��11
• : o��s .!:.•.::•.::. cam .
Wetlands„B„ Wetlands ......
0
V Q ISF IPF IPF \ 0.14 Ac. (TYP-) • • • • \
ib Comp IPF irrigardio /: '•:::.•: • II�!-'ll \
1y y� 5 1.1-16'.1"1 7. CMF 507°57'27"E pDn Spring Branch Within \
/ ex. dirt rood 499.89' 3 Project Limits
p 508°04'55"E 508°00'10E ! • • \ \
Stream #4 W O. Johnston Av nu 3,935 L.F. Cross Creek
2.39' • 242.42' Wetlands Line • •• • M.B. 31, Pg. 118
/ / 320 L.F. �I \ I Wetlands g BoundaryData
J Helen Simpson Ronald Line "X" MB. 33, Pg 26
D.B. 21fi5, Pg. 130 Woodfin "X",. MR" 9.69 Ac. ^. f :: II I M.B. 38, Pg. 17 Along Spring Branch
V Penelope Riggs \ ..... .. DD S P S
D.B. 2541, Pg. 311 Lew Festey Dawn Bervard Romld SIL_ D.B. 4620, - 3.99 Ac ; ; . y,
9 M.B. 46, Pg. 110 D.B. 4628, Pg. 688 Woodfin I- Pg. 2770 �...f :e..::.• • ppaTanClc \ ��AA�� TO ��BB��
3 Robert Teachy D.B. 3415, Pg. 43 D.B. 4620, RPW S '):inO V 1 Bearing Length
M.B. 46, Pg. 110 P9.2747 I.. .. of �p�
D.B. 711, Pg. 202 586°11'29"W I5F.. RUn \ 578°54'39"E 155.05'
229.65 • Gr:.\ • ' • ` 528-23'14"E 246.19'
;•l !;:::: • 1 1 542°11'40"E 191.80'
c I, Edwin N. Foley, certify that this 404 TO
CMF 1 1 506013'45"E 8043'
c Wetlands Survey Map was drawn under \ _ !:•.:::• 1 1 510°34'03"E 10093'
v my supervision from a survey in March, 2017 and I 1
October, 2017 using conventional surveying methods; CMF
n with the average positional accuracy if 1.5 feet± for
the location of the wetlands flag.That this map
is true and correct to the best of my knowledge
and belief, and was not prepared for recordation,THIS DOCUMENT ORIGINALLY ISSUED AND GRAPHIC SCALE: 1"=600'
conveyance or sales. SEALED BY (PRELIMINARY), (REGISTRATION 0 300 600 1200 1$00
c NUMBER), ON (PRELIMINARY). THIS MEDIA SHALL
NOT BE CONSIDERED A CERTIFIED DOCUMENT.
n Edwin N. Foley, P.L.S.,L-2884 4P4 Wetlands Map - Sheet 1 of 1 FEET
Prgect TRACT ON �w�ara PARKER & ASSOCIATES INC.
Date: PI/22/18
Island Creek Scale:,••=6DD' ,
Field Book: Wylie Branch, Pg. 1-6 Consulting Engineers - Land Surveyors - Land Planners
ISLAND CREEK ROAD, Developers) LLC File Name: WB Wetlands.dwg
iJacksonville, North Carolina
o Disk Name: Acad #2661
WYLI E B RANCH 100 Carolina Plantations Boulevard Drawn: BLD P.O. Box 976 - 28541-0976 306 New Bridge Street - 2854012K
i Jacksonville, North Carolina 28546 Job No.: 5161222-6403 Phone [phone] - Fax [phone]
Topsail Twp., Pender Co., North Carolina
Firm License Number: F-0108

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): February 5, 2018
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sydes, Anthony / Island Creek Developers / Coleman
Parks, SAW -2016-01948
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Pender City: Rocky Point
Center coordinates of site (lat/long in degree decimal format): Lat. 34.38288° N, Long. -77.78457° W.
Universal Transverse Mercator:
Name of nearest waterbody: UT to Spring Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Harrisons Creek
Name of watershed or Hydrologic Unit Code (HUC): NE Cape Fear 03030007
® 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): 27 April, 16, 17, 23, and 31 August, and 27 September 2017
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 no "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): '
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
❑ Relatively permanent waters2 (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.
Limits (boundaries) of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
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: There are eleven depressional wetlands onsite that are isolated and non -jurisdictional. The wetlands vary in
size for a total of 1.71 acres. Each wetland is entirely surrounded by both natural and disturbed uplands and are
approximately 7,860 linear feet (1.5 miles) from the nearest TNW, Harrisons Creek. The isolated wetlands are
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).
s Supporting documentation is presented in Section III.F.

separated from the nearest onsite tributary by approximately 1,500 linear feet. They are also approximately 1,770
linear feet away from Spring Branch, a blueline stream that is located along the eastern property boundary and
discharges directly into Harrisons Creek. Multiple site visits were conducted during and following heavy rain events
and a surface connection to nearby onsite jurisdictional waters was not observed. A review of historial aerials indicates
the site has been significantly disturbed, primarily by silviculture activities. Based on this information, as well as
familiarity with the site and of the general area, it is highly probable that the depressions were created as a result of
silviculture practices. Lastly, there is an insubstantial ecological interconnection between the isolated wetlands and the
nearest tributaries and the TNW based on size of the wetlands and their landscape position.

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 IIIM below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
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 waterbody4 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.0 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 Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List 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:
Identify flow route to TNWS: .
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s 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.

Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
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) Plow:
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
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.' Explain:
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/characteristics ❑ 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:
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.
7Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ 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: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and
then into the tributary.
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. ExplainTorested/ 100% cover.
❑ 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.

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:
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 I1I.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:
3. 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 IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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:
❑ 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 11I.13. 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 a
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:
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 111.13 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.
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.
7. 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):io
❑ 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:
'See Footnote # 3.
' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 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:
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:
JK Wetlands: 1.71 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).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: .1.01 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: Non jurisdictional Isolated Wetland Map dated
1.22.18.
® 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: 1:24k, Mooretown, NC.
® USDA Natural Resources Conservation Service Soil Survey. Citation:NRCS Web Soil Survey.
® National wetlands inventory map(s). Cite name:USFWS Online wetland Mapper.
❑ State/Local wetland inventory map(s):
® FEMA/FIRM maps:FEMA.gov.
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Simsuite 2018.
or ❑ Other (Name & Date): Site photographs.
❑ 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:

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NATIONWIDE PERMIT 29
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Residential Developments. Discharges of dredged or fill material into non- tidal waters of
the United States for the construction or expansion of a single residence, a multiple unit
residential development, or a residential subdivision. This NWP authorizes the construction
of building foundations and building pads and attendant features that are necessary for the use
of the residence or residential development. Attendant features may include but are not
limited to roads, parking lots, garages, yards, utility lines, storm water management facilities,
septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses
(provided the golf course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2 -acre of non -tidal waters of the
United States. The discharge must not cause the loss of more than 300 linear feet of stream
bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300
linear foot limit by making a written determination concluding that the discharge will result in
no more than minimal adverse environmental effects. This NWP does not authorize
discharges into non -tidal wetlands adjacent to tidal waters. The loss of stream bed plus any
other losses of jurisdictional wetlands and waters caused by the NWP activity cannot exceed
1/2 -acre.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States
authorized by this NWP cannot exceed 1/2 -acre. This includes any loss of waters of the
United States associated with development of individual subdivision lots.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections
10 and 404)

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navi _ ag tion. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense on
authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized representative,
said structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,
to remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any such
removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning. Activities in spawning areas during spawning seasons must
be avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity)
of an important spawning area are not authorized.
4. Mi rg atory Bird Breeding Areas. Activities in waters of the United States that
serve as breeding areas for migratory birds must be avoided to the maximum extent
practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity
authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity
authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see section 307 of the Clean Water Act).
2

7. Water Supply Intakes. No activity may occur in the proximity of a public water
supply intake, except where the activity is for the repair or improvement of public water supply
intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment
of water, adverse effects to the aquatic system due to accelerating the passage of water,
and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -
construction course, condition, capacity, and location of open waters must be maintained for
each activity, including stream channelization, storm water management activities, and
temporary and permanent road crossings, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must not restrict or impede the
passage of normal or high flows, unless the primary purpose of the activity is to impound water
or manage high flows. The activity may alter the pre -construction course, condition, capacity,
and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Fills Within 100 -Year Floodplains. The activity must comply with applicable
FEMA -approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed
on mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment
controls must be used and maintained in effective operating condition during construction, and
all exposed soil and other fills, as well as any work below the ordinary high water mark or
high tide line, must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low -flow or
no -flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety
and the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly
maintained, including maintenance to ensure public safety and compliance with applicable
NWP general conditions, as well as any activity -specific conditions added by the district
engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete
project. The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of
the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status,
3

unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing that the proposed activity will not adversely affect the Wild and
Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, the permittee must
submit a pre -construction notification (see general condition 32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that
river. The permittee shall not begin the NWP activity until notified by the district engineer that
the Federal agency with direct management responsibility for that river has determined in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River or
study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. Fish and Wildlife Service). Information on these rivers is also available at:
hqp://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects
on tribal rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangeredpecies. (a) No activity is authorized under any NWP which is
likely to directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical
habitat of such species. No activity is authorized under any NWP which "may affect" a listed
species or critical habitat, unless ESA section 7 consultation addressing the effects of the
proposed activity has been completed. Direct effects are the immediate effects on listed species
and critical habitat caused by the NWP activity. Indirect effects are those effects on listed
species and critical habitat that are caused by the NWP activity and are later in time, but still
are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre -construction notification is required for the proposed activity,
the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation has not been
submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of
the ESA.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in 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 might affect
Federally -listed endangered or threatened species or designated critical habitat, the pre -
construction notification must include the name(s) of the endangered or threatened species that
2

might be affected by the proposed activity or that utilize the designated critical habitat that
might be affected by the proposed activity. The district engineer will determine whether the
proposed activity "may affect" or will have "no effect" to listed species and designated critical
habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of
receipt of a complete pre- construction notification. In cases where the non -Federal applicant
has identified listed species or critical habitat that might be affected or is in the vicinity of the
activity, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification that the proposed activity will have "no effect" on listed species or critical
habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from
the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the
district engineer may add species-specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person
subject to the jurisdiction of the United States to take a listed species, where "take" means to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct. The word "harm" in the definition of "take" means an act which actually
kills or injures wildlife. Such an act may include significant habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take
permit with an approved Habitat Conservation Plan for a project or a group of projects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of that
ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general
condition. The district engineer will coordinate with the agency that issued the ESA section
10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation conducted for the
ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency
that the proposed NWP activity and the associated incidental take were considered in the
internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district
engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP
activity. The district engineer will notify the non-federal applicant within 45 days of receipt of
a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide web pages at http://www.fws.gov/ or http://www.fws.gov/i/ipac and
http://www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Mi rg atory Birds and Bald and Golden Eagles. The permittee is responsible for
ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden
Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the
U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory
5

birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular
activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, the activity is not authorized, until the requirements of
Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre -construction
notification is required for the proposed NWP` activity, the Federal permittee must provide the
district engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has been
submitted. If the appropriate documentation is not submitted, then additional consultation
under section 106 may be necessary. The respective federal agency is responsible for fulfilling
its obligation to comply with section 106.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties might have the
potential to be affected by the proposed NWP activity or include a vicinity map indicating the
location of the historic properties or the potential for the presence of historic properties.
Assistance regarding information on the location of, or potential for, the presence of historic
properties can be sought from the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or designated tribal representative, as appropriate, and the National
Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of section 106 of the National Historic Preservation Act. The district engineer
shall make a reasonable and good faith effort to carry out appropriate identification efforts,
which may include background research, consultation, oral history interviews, sample field
investigation, and field survey. Based on the information submitted in the PCN and these
identification efforts, the district engineer shall determine whether the proposed NWP activity
has the potential to cause effects on the historic properties. Section 106 consultation is not
required when the district engineer determines that the activity does not have the potential to
cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required
when the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes of section 106 of the NHPA: no historic properties affected, no
adverse effect, or adverse effect. Where the non -Federal applicant has identified historic
properties on which the activity might have the potential to cause effects and so notified the
Corps, the non -Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects to historic properties or that
NHPA section 106 consultation has been completed.
71

(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre -construction notification whether NHPA
section 106 consultation is required. If NHPA section 106 consultation is required, the district
engineer will notify the non -Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed. If the non -Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54
U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or having
legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted
by the applicant. If circumstances justify granting the assistance, the Corps is required to
notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects
properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover
any previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the district
engineer of what you have found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, Tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public
comment, additional waters officially designated by a state as having particular environmental
or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical resource waters after
notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent
to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and
54, notification is required in accordance with general condition 32, for any activity proposed 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.
7

23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for
all wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the
district engineer determines in writing that either some other form of mitigation would be
more environmentally appropriate or the adverse environmental effects of the proposed
activity are no more than minimal, and provides an activity -specific waiver of this
requirement. For wetland losses of 1/10 -acre or less that require pre -construction notification,
the district engineer may determine on a case-by-case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction
notification, the district engineer may require compensatory mitigation to ensure that the
activity results in no more than minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream
rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources
(see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other
open waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open
waters. In some cases, the restoration or maintenance/protection of riparian areas may be the
only compensatory mitigation required. Restored riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or
aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or
coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the
district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas
and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form
of minimization or compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate
compensatory mitigation option if compensatory mitigation is necessary to ensure that the
activity results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or in -
N.

lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number
and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee -responsible
mitigation.
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR
332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially
valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for permittee -responsible mitigation.
(4) If permittee -responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation
plan may be used by the district engineer to make the decision on the NWP verification request,
but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in
waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses
allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of
1/2 -acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than
1/2 -acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory mitigation can and should
be used, as necessary, to ensure that an NWP activity already meeting the established acreage
limits also satisfies the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or
permittee -responsible mitigation. When developing a compensatory mitigation proposal, the
permittee must consider appropriate and practicable options consistent with the framework at
33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,
permittee -responsible mitigation may be environmentally preferable if there are no mitigation
banks or in -lieu fee programs in the area that have marine or estuarine credits available for
sale or transfer to the permittee. For permittee -responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or parties responsible for the
implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(i) Where certain functions and services of waters of the United States are
permanently adversely affected by a regulated activity, such as discharges of dredged or fill
9

material into waters of the United States that will convert a forested or scrub -shrub wetland to
a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.
24. Safety of IMpoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non -Federal applicants to demonstrate that
the structures comply with established state dam safety criteria or have been designed by
qualified persons. The district engineer may also require documentation that the design has
been independently reviewed by similarly qualified persons, and appropriate modifications
made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable,
have not previously certified compliance of an NWP with CWA section 401, individual 401
Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district
engineer or State or Tribe may require additional water quality management measures to ensure
that the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Mana eg ment. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any
regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S.
EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a
single and complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss
of waters of the United States for the total project cannot exceed 1/3 -acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
10

validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification
letter from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee -responsible mitigation, including the achievement of
ecological performance standards, will be addressed separately by the district engineer. The
Corps will provide the permittee the certification document with the NWP verification letter.
The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation
was completed in accordance with the permit conditions. If credits from a mitigation bank or
in -lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and
mitigation.
The completed certification document must be submitted to the district engineer
within 30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP
activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter
or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE)
federally authorized Civil Works project (a "USACE project"), the prospective permittee must
submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An
activity that requires section 408 permission is not authorized by NWP until the appropriate
Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and
the district engineer issues a written NWP verification.
32. Pre -Construction Notification. (a) Timing. Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting a pre -
construction notification (PCN) as early as possible. The district engineer must determine if the
PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to
be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will request
additional information necessary to make the PCN complete only once. However, if the
11

prospective permittee does not provide all of the requested information, then the district
engineer will notify the prospective permittee that the PCN is still incomplete and the PCN
review process will not commence until all of the requested information has been received by
the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the NWP with any special conditions imposed by the district or division
engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the vicinity
of the activity, or to notify the Corps pursuant to general condition 20 that the activity might
have the potential to cause effects to historic properties, the permittee cannot begin the activity
until receiving written notification from the Corps that there is "no effect" on listed species or
"no potential to cause effects" on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(8)) has been completed. Also, work
cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from
the Corps. If the proposed activity requires a written waiver to exceed specified limits of an
NWT, the permittee may not begin the activity until the district engineer issues the waiver. If
the district or division engineer notifies the permittee in writing that an individual permit is
required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the
activity until an individual permit has been obtained. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and
include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description of the proposed activity; the activity's purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated amount of loss
of wetlands, other special aquatic sites, and other waters expected to result from the NWP
activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed
mitigation measures intended to reduce the adverse environmental effects caused by the
proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s)
used or intended to be used to authorize any part of the proposed project or any related activity,
including other separate and distant crossings for linear projects that require Department of the
Army authorization but do not require pre -construction notification. The description of the
proposed activity and any proposed mitigation measures should be sufficiently detailed to allow
the district engineer to determine that the adverse environmental effects of the activity will be
no more than minimal and to determine the need for compensatory mitigation or other
mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other waters.
12

Sketches should be provided when necessary to show that the activity complies with the terms
of the NWP. (Sketches usually clarify the activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to provide an illustrative description of the
proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites,
and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams,
on the project site. Wetland delineations must be prepared in accordance with the current
method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters on the project site, but there may be a delay if the Corps does
the delineation, especially if the project site is large or contains many wetlands, other special
aquatic sites, and other waters. Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10 -acre of
wetlands and a PCN is required, the prospective permittee must submit a statement
describing how the mitigation requirement will be satisfied, or explaining why the
adverse environmental effects are no more than minimal and why compensatory
mitigation should not be required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(7) For non -Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or utilize the designated critical habitat that
might be affected by the proposed activity. For NWP activities that require pre -construction
notification, Federal permittees must provide documentation demonstrating compliance with
the Endangered Species Act;
(8) For non -Federal permittees, if the NWP activity might have the potential to
cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state
which historic property might have the potential to be affected by the proposed activity or
include a vicinity map indicating the location of the historic property. For NWP activities that
require pre -construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, the PCN must identify the
Wild and Scenic River or the "study river" (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project, the pre -construction notification must
include a statement confirming that the project proponent has submitted a written request for
section 408 permission from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The standard individual permit
application form (Form ENG 4345) may be used, but the completed application form must
clearly indicate that it is an NWP PCN and must include all of the applicable information
required in paragraphs (b)(1) through (10) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs and
13

supporting materials if the district engineer has established tools and procedures for electronic
submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments
from Federal and state agencies concerning the proposed activity's compliance with the terms
and conditions of the NWPs and the need for mitigation to reduce the activity's adverse
environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre -
construction notification and result in the loss of greater than 1/2 -acre of waters of the United
States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -
construction notification and will result in the loss of greater than 300 linear feet of stream
bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per
running foot, or involve discharges of dredged or fill material into special aquatic sites; and
(iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the ordinary high water mark in the
Great Lakes.
(3) When agency coordination is required, the district engineer will immediately
provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural
resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to
provide substantive, site-specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. If so contacted by an
agency, the district engineer will wait an additional 15 calendar days before making a decision
on the pre -construction notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity's compliance with
the terms and conditions of the NWPs, including the need for mitigation to ensure the net
adverse environmental effects of the proposed activity are no more than minimal. The district
engineer will provide no response to the resource agency, except as provided below. The
district engineer will indicate in the administrative record associated with each pre -construction
notification that the resource agencies' concerns were considered. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant loss of property or economic hardship will
occur. The district engineer will consider any comments received to decide whether the NWP
37 authorization should be modified, suspended, or revoked in accordance with the procedures
at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre -construction notifications to expedite agency coordination.
DISTRICT ENGINEER'S DECISION
1. In reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP will result in more than minimal
14

individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific NWP, the district engineer
should issue the NWP verification for that activity if it meets the terms and conditions of that
NWT, unless he or she determines, after considering mitigation, that the proposed activity will
result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to
require an individual permit for the proposed activity. For a linear project, this determination
will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfy the terms and conditions of the NWP(s), as well as
the cumulative effects caused by all of the crossings authorized by NWP. If an applicant
requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise
applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54,
the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects.
For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral stream bed and a 1/2 -acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and
52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional
waters and wetlands, cannot exceed 1/2 -acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she
will also consider the cumulative adverse environmental effects caused by activities authorized
by NWP and whether those cumulative adverse environmental effects are no more than
minimal. The district engineer will also consider site specific factors, such as the
environmental setting in the vicinity of the NWP activity, the type of resource that will be
affected by the NWP activity, the functions provided by the aquatic resources that will be
affected by the NWP activity, the degree or magnitude to which the aquatic resources perform
those functions, the extent that aquatic resource functions will be lost as a result of the NWP
activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or
permanent), the importance of the aquatic resource functions to the region (e.g., watershed or
ecoregion), and mitigation required by the district engineer. If an appropriate functional or
condition assessment method is available and practicable to use, that assessment method may
be used by the district engineer to assist in the minimal adverse environmental effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site- specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 -acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller
impacts, or for impacts to other types of waters (e.g., streams). The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant has
included in the proposal in determining whether the net adverse environmental effects of the
proposed activity are no more than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse environmental effects are no more
than minimal, after considering mitigation, the district engineer will notify the permittee and
15

include any activity -specific conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or
not necessary to ensure timely completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district
engineer will expeditiously review the proposed compensatory mitigation plan. The district
engineer must review the proposed compensatory mitigation plan within 45 calendar days of
receiving a complete PCN and determine whether the proposed mitigation would ensure the
NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to the applicant. The response will state that the NWP activity
can proceed under the terms and conditions of the NWP, including any activity -specific
conditions added to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) that the activity does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized under the NWP subject to the applicant's submission of a mitigation plan
that would reduce the adverse environmental effects so that they are no more than minimal; or
(c) that the activity is authorized under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than
minimal adverse environmental effects, the activity will be authorized within the 45 -day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or 31,
or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific
conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation
plan that would reduce the adverse environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States
may occur until the district engineer has approved a specific mitigation plan or has determined
that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the
terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal
project (see general condition 31).

DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: _ The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded
as to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material
into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and
riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a
riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively, an ecological reference may be based on a conceptual model for the
aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of
the proposed NWP 27 activity. An ecological reference takes into account the range of
variation of the aquatic habitat type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic
resource function(s). Enhancement results in the gain of selected aquatic resource function(s),
but may also lead to a decline in other aquatic resource function(s). Enhancement does not
result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a
short duration after, precipitation events in a typical year. Ephemeral stream beds are located
above the water table year-round. Groundwater is not a source of water for the stream. Runoff
from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached
by a rising tide. The line encompasses spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the
normal or predicted reach of the tide due to the piling up of water against a coast by strong
winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
17

Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have independent
utility if it would be constructed absent the construction of other projects in the project area.
Portions of a multi -phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were
not built can be considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of
the year, when groundwater provides water for stream flow. During dry periods, intermittent
streams may not have flowing water. Runoff from rainfall is a supplemental source of water for
stream flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the acres or
linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters
of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -
construction contours and elevations after construction, are not included in the measurement of
loss of waters of the United States. Impacts resulting from activities that do not require
Department of the Army authorization, such as activities eligible for exemptions under section
404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the
United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of
1899. These waters are defined at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the
high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that
an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing
or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical
year. The water table is located above the stream bed for most of the year. Groundwater is the

primary source of water for stream flow. Runoff from rainfall is a supplemental source of
water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the
Corps for confirmation that a particular activity is authorized by nationwide permit. The request
may be a permit application, letter, or similar document that includes information about the
proposed work and its anticipated environmental effects. Pre -construction notification may be
required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -
construction notification may be voluntarily submitted in cases where pre -construction
notification is not required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic
resources by an action in or near those aquatic resources. This term includes activities
commonly associated with the protection and maintenance of aquatic resources through the
implementation of appropriate legal and physical mechanisms. Preservation does not result in a
gain of aquatic resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or
reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders,
including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded
aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided
into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under
the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by their hydraulic characteristics.
The rapid movement of water over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a
finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
19

Shellfish seeding: The placement of shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of immature individual shellfish or
individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other appropriate materials placed into
waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a
single waterbody) at a specific location. For linear projects crossing a single or multiple
waterbodies several times at separate and distant locations, each crossing is considered a single
and complete project for purposes of NWT authorization. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc.,
are not separate waterbodies, and crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers. A single and
complete non-linear project must have independent utility (see definition of "independent
utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits
in an NWT authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality
degradation, and flooding and mitigating the adverse effects of changes in land use on the
aquatic environment.
Stormwater management facilities: Stormwater management facilities are those
facilities, including but not limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time to control runoff and/or improve
the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay to
boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks,
are not considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity,
or location that causes more than minimal interruption of normal stream processes. A
channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples
of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal
waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water
20

surface can no longer be practically measured in a predictable rhythm due to masking by other
waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States
for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances
have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a
variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a wetland is adjacent to a waterbody determined to be a water of the United
States, that waterbody and any adjacent wetlands are considered together as a single aquatic
unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds,
and wetlands.
21

FINAL 2017 REGIONAL CONDITIONS
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT -
The web links (both internal to our Wilmington District and any external links to collaborating
agencies) in this document are valid at the time of publication. However, the Wilmington
District Regulatory Program web page addresses, as with other agency web sites, may change
over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy
mandates or technology advances. While we will make every effort to check on the integrity of
our web links and provide re -direct pages whenever possible, we ask that you report any broken
links to us so we can keep the page information current and usable. We apologize in advanced
for any broken links that you may encounter, and we ask that you navigate from the Regulatory
home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District
Corps of Engineers, to the "Permits " section of our web site to find links for pages that cannot
be found by clicking directly on the listed web link in this document.
Final 2017 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from the Corps and either NCDMF or NCWRC.
1.2 Trout Waters Moratorium
Waters of the United States in the designated trout watersheds of North Carolina are excluded
during the period between October 15 and April 15 without prior written approval from the
NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife
Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for
information on the designated trout watersheds).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
22

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWPs. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within waters of the United States that require a Pre -Construction
Notification (PCN) and are located in the sixteen counties listed below, permittees must provide
a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street,
Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to the Endangered Species Act and the below
website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for permittees which provides
guidelines on how to review linked websites and maps in order to fulfill NWP General Condition
18 requirements:
http://www.saw.usace.army.mil/Missions/Re_ug lator3PennitPro_ra�m/AgencyCoordination/ESA.a
Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife
Service offices listed below or Corps at [phone]:
Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including
Anson, Stanly, Davidson, Forsythe and Stokes Counties.
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
23

Raleigh, NC 27636-3726
Telephone: [phone]
2.2 Special Designation Waters
Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material
in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees
shall submit a PCN to the District Engineer prior to commencing the activity (see General
Condition 32). The North Carolina waters and wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA),
including inland PNA, as designated by the North Carolina Marine Fisheries Commission and
the NCWRC; or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters
can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and
IOC (15A NCAC 02B, 15A NCAC IOC) and at the following World Wide Web page:
http://reports. oah. state.nc.us/ncac. asp?folderName=\Title%2015A%20-
%20Environmental%20Quality&lookUpError=l5A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following World Wide Web Page:
https:Hdeq.nc. gov/about/divisions/water-resources/planning/classification-
standards/classifications
Permittees who do not have internet access may contact the Corps at (910) 251- 4633.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-federal permittees for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA) must also obtain the required CAMA permit. Development
activities for non-federal projects may not commence until a copy of the approved CAMA permit
is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403, [phone] or Washington Field
Office — 2407 West 5th Street, Washington, NC 27889, [phone]).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN
to the District Engineer prior to commencing the activity (see General Condition 32).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment
Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32). The latest version of NCWAM can be
24

viewed on the Corps RIBITS (Regulatory In -lieu Fee and Bank Information Tracking System)
website or at the following World Wide Web Page:
hqps://ribits.usace.anny.mil/ribits gpex/Vp=l07:27:0::NO:::
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the United
States, including wetlands, permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the
294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see
General Condition 32) to the District Engineer prior to commencing the activity, unless other
thresholds are established in the Regional Conditions in Section 4 (Additional Regional
Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the
notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is
located on EBCI trust land), to facilitate the determination of any potential impacts to designated
Trout Waters.
Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM
biologist contacted, the date of the notification, the location of work, a delineation of wetlands
and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives
were not selected, and, if applicable, a plan to provide compensatory mitigation for all
unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Watersheds:
NCWRC Contact**
Counties that are
entirely within Trout
Watersheds*
Counties that are
partially within Trout
Watersheds*
Mountain Coordinator
Alleghany
Jackson
Burke
McDowell
Balsam Depot
Ashe
Macon
Buncombe
Mitchell
20830 Great Smoky
Avery
Swain
Caldwell
Polk
Mountain Expressway
Graham
Transylvania
Cherokee
Rutherford
Waynesville, NC 28786
Haywood
Watauga
Clay
Surry
Telephone: [phone]
Henderson
Wilkes
Madison
Yancey
For NCDOT Projects:
NCDOT Coordinator
206 Charter. Street
Albemarle, NC 28001
Telephone: [phone]
25

*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field
Office at [phone] or view maps for each County at the following World Wide Web page:
hqp://www.saw.usace.army.mil/Missions/Re ulatory-Permit-Pro rg am/Agency-
Coordination/Trout/.
**If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14.
Contact the Corps Asheville Regulatory Field Office at [phone] with questions.
2.8 Western NC Waters and Corridors
The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to
commencing the activity in waters of the United States if the activity will occur within any of the
following identified waters in western North Carolina, within 0.5 mile on either side of these
waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank
of the respective water (i.e., river, stream, or creek):
Brasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
Iotla Creek
Little Tennessee River (within the river or within 0.75 mile on either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust/EBCI land)
Peachtree Creek
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek
all

Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee)
Valley River
Watauga Creek
Watauga River
Wayah Creek
West Fork French Broad River
To determine notification requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps for all corridors at the following World Wide Web page:
http://www.saw.usace.army.mil/Missions/Re_u�ry-Permit-Pro_rg am/Agency-
Coordination/Desi nag ted-Special-Waters.aspx
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of more than 300
total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit
for ephemeral and intermittent streams on a case-by-case basis and has determined that the
proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic
environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and
documented by appropriate/accepted stream quality assessments*. This waiver only applies to
the 300 linear feet threshold for NWPs.
This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions).
*NOTE: Permittees should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
hqps://ribits.usace.army.mil/ribits gpex/Vp=l07:27:0::NO:::
3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall
provide a mitigation proposal to compensate for more than minimal individual and cumulative
adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that
require a PCN, the District Engineer may determine, on a case-by-case basis, that compensatory
mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic
environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream, intermittent or ephemeral stream, the permittee shall submit a PCN to the
District Engineer prior to commencing the activity (see General Condition 32). This applies to
27

NWPs that do not have specific notification requirements. If a NWP has specific notification
requirements, the requirements of the NWP should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the United States. Water inside coffer dams or casings that has been in contact with
wet concrete shall only be returned to waters of the United States after the concrete is set and
cured and when it no longer poses a threat to aquatic organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering
and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and
native plants and shrubs are to be utilized to the maximum extent practicable.
3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed
or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional
Condition 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 greater adverse
impacts to the aquatic environment.
3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
3.6 Requirements for Culvert Placement
3.6.1 For all NWPs that involve the construction/installation of culverts, measures will be
included in the construction/installation that will promote the safe passage of fish and other
aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by altering the width or depth of the stream profile in connection
with the construction activity. The width, height, and gradient of a proposed culvert should be

sufficient to pass the average historical low flow and spring flow without adversely altering flow
velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring.
Spring flows should be determined from gage data, if available. In the absence of such data,
bank -full flow can be used as a comparable indicator.
In Public Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be
sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below
normal bed elevation.
Circular
Culvert
12 Inches
T
Invert
Rias
(Dlamr)
In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain
aquatic passage and to maintain passage during drought or low flow conditions, and every effort
shall be made to maintain the existing channel slope.
Culverts must be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp; this request must be specific as to the reasons(s) for the
request. The waiver will be issued if it can be demonstrated that the proposed design would
result in less impacts to the aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
29

Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.
3.6.2 Bank -full flows (or less) shall be accommodated through maintenance of the existing bank -
full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be
allowed only to receive bank -full flows.
Approach Fill
Roadway
Culvert buried
BankfuE belowstreambed
- - - - - to appropriate
depth (if required).
Bafflef Strum
Blockage Bottom
3.6.3 Where adjacent floodplain is available, flows exceeding bank -full should be accommodated
by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such
crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only
receive flows exceeding bank -full.
3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to
construct or install the proposed culvert. The final width of the impacted stream at the culvert
inlet and outlet should be no greater than the original stream width. A waiver from this condition
may be requested in writing; this request must be specific as to the reason(s) for the request. The
waiver will be issued if the proposed design would result in less impacts to the aquatic
environment and/or if it can be demonstrated that it is not practicable to restore the final width of
the impacted stream at the culvert inlet and outlet to the width of the original stream channel.
3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the
width of the culvert is wider than the stream channel, the culvert shall include baffles, benches
and/or sills to maintain the width of the stream channel. A waiver from this condition may be
requested in writing; this request must be specific as to the reason(s) for the request. The waiver
will be issued if it can be demonstrated that it is not practicable or necessary to include baffles,
benches or sills and the design would result in less impacts to the aquatic environment.
3.7 Notification to NCDEQ Shellfish Sanitation Section
Permittees shall notify the NCDEQ Shellfish Sanitation Section prior to dredging in or removing
sediment from an area closed to shell fishing where the effluent may be released to an area open
for shell fishing or swimming in order to avoid contamination from the disposal area and cause a
temporary shellfish closure to be made. Such notification shall also be provided to the
appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach should
occur between November I and April 30 when recreational usage is low. Only clean sand
30

should be used and no dredged sand from closed shell fishing areas may be used. If beach
disposal were to occur at times other than stated above or if sand from a closed shell fishing area
is to be used, a swimming advisory shall be posted, and a press release shall be issued by the
permittee.
3.8 Submerged Aquatic Vegetation
Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP
48, unless EFH Consultation has been completed pursuant to the Magnuson -Stevens Fisheries
Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN
(See NWP General Condition 32) to the District Engineer prior to commencing the activity if the
project would affect SAV. The permittee may not begin work until notified by the Corps that the
requirements of the Magnuson -Stevens Act have been satisfied and that the activity is
authorized.
3.9 Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and measures
proposed for placement in waters of the United States. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
3.10 Restoration of Temporary Impacts to Stream Beds
Upon completion of work that involves temporary stream impacts, streambeds are to be restored
to pre -project elevations and widths using natural streambed material such that the impacted
stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be
backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth
of the impacted area if shallower than 12 inches. An engineered in -stream structure or material
can be used to provide protection of a buried structure if it provides benefits to the aquatic
environment and can be accomplished by a natural streambed design. A permittee may request a
waiver of this condition if it is determined a buried structure needs significant physical protection
beyond those provided in this condition. This condition does not apply to NWP 27 — Aquatic
Habitat Restoration, Enhancement, and Establishment Activities.
3.11 Restoration of Temporary Impacts to Stream Banks
Upon completion of work involving temporary stream bank impacts, stream banks are to be
restored to pre -project grade and contours or beneficial grade and contours if the original bank
slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and
shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-
engineered methods are to be applied. An engineered structure or material can be used to provide
protection of a buried structure if it provides benefits to the stream bank environment, provided it
is not in excess of the minimum amount needed for protection and does not exceed an average of
one cubic yard per running foot placed along the bank below the plane of the ordinary high water
mark. A permittee may request a waiver of this condition if it is determined a buried structure
31

needs significant physical protection beyond those provided in this condition. This condition
does not apply to NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment
Activities.
3.12 Federal Navigation Channel Setbacks and Corps Easements
3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the Wilmington
District Engineer. You may review the setback policy at
hitp://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aWx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee shall
submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any
structures or fills within the Federally Authorized Channel Setback.
3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAV(d),usace.army.mil
3.13 Northern Long-eared Bat — Endangered Species Act Compliance
The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States
Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat
(NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered
Species (SLOPES) have been approved by the Corps and the USFWS. This condition concerns
effects to the NLEB only and does not address effects to other federally listed species and/or
federally designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include non-
federal aid North Carolina Department of Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project
is not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the United
States. If the project is located on federal land, contact the Corps to determine the lead
federal agency.
32

(1) A permittee using a NWP must check to see if their project is located in the range of
the NLEB by using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive activities
(e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate
website in the paragraph below to discover if their project:
• is located in a 12 -digit Hydrologic Unit Code area ("red HUC" - shown as red areas
on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.aov/asheville/htmis/project_review/NLEB_ in WNC.html. For the eastern
59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the
project location against the electronic maps found at:
h!Ltps://www.fws.gov/raleigh/NLEB RFO.html.
(2) A permittee must submit a PCN to the District Engineer, and receive written
authorization from the District Engineer, prior to commencing the activity, if the activity
will involve as of the following:
• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and there is
no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
. percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, if the permittee's review under A.(1) and A.(2) above shows that
the project is:
located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
located outside of a red HUC and there are percussive activities, but the percussive
activities will not occur within 0.25 -mile of a red HUC boundary, and the activity
will NOT include bridge removal or maintenance, unless the bridge has been
inspected and there is no evidence of bat use, OR;
33

located in a red HUC, but the activity will NOT include: tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; aM
percussive activities.
B. Procedures when the USACE is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS office's website), that project may proceed without notification to either the
USACE or the USFWS, provided all General and Regional Permit Conditions are met.
The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web
Page: hqp://www.saw.usace.army.mil/Missions/Regulatory-Permit-Pro rg am/Ag_ency-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (9 10)
251-4633.
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements of the latest MOU between the Wilmington District and the
Eastern Band of Cherokee Indians.
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #29 - Residential Developments.
4.1.1 Discharges in perennial streams, intermittent streams and wetlands for stormwater
management facilities are prohibited under this NWP.
4.1.2 Single-family recreational facilities are not authorized by this NWP. Recreational facilities
that are incorporated into the residential development plan and will serve the residents of the
entire development can be authorized by this NWP.
4.1.3 Discharges of dredged or fill material into waters of the United States, including wetlands,
within the floodway* resulting in permanent above -grade fills are not authorized by this NWP.
*NOTE: Floodway means the area designated and/or regulated by Federal, state, or local
requirements to provide for the discharge of the base flood so the cumulative increase in water
surface elevation is no more than a designated height identified by the regulating entity within
the 100 -year floodplain.
34

4.1.4 Discharges of dredged or fill material into waters of the United States, including wetlands,
within the mapped FEMA 100 -year floodplain resulting in permanent above -grade fills are not
authorized by this NWP.
4.1.5 This NWP may not be used to authorize discharges of dredged or fill material into waters
of the United States that have been identified or designated by the State of North Carolina as:
High Quality Waters (HQW), including only SA, PNA, WS -I and WS -II waters.
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act.
Wetlands adjacent to SA, PNA, WS -1 and/or WS -II waters.
*NOTE: Definitions of HQW, SA, PNA, WS -I, WS -II waters and Coastal Wetlands can be
found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and IOC
(15A NCAC 0213, 15A NCAC IOC) and at the following World Wide Web page:
hqp://reports. oah. state.nc.us/ncac. asp?folderName=\Title%2015A%20-
%20Environmental%20Quality&lookUpError=l5A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following link: https:Hdeq.nc.gov/about/divisions/water-
resources/planning/classification-standards/classifications.
Permittees who do not have internet access may contact the Corps at (910) 251- 4633.
4.1.6 If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is
necessary to be placed in the stream bed, the finished top elevation of the riprap should not
exceed that of the original stream bed.
4.1.7 Utility lines authorized by this NWP shall comply with the terms and conditions, including
regional conditions, of NWP 12.
35

Compensatory Mitigation Responsibility Transfer Form
Permittee: Island Creek Developers, LLC, c/o Anthony Sydes Action ID: SAW -2016-01948
Project Name: Sydes, Anthony / Island Creek Developers / Coleman Parks County: Pender
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030007, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.20 0.20
0.09
0.12
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030007, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine Non -Riparian
Coastal
0.20 0.20
Mitigation Site Debited: NECFUMB Holly Shelter
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Emily Greer
USACE Field Office: Wilmington Regulatory Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Email: [e-mail]
Digitally signed by GREER.EMILY.C.1385325300
GREER.EMILY.C.1385325300 ccn=GREER.EMILY.0385325300 u=DoD, ou=PKl, ou=USA,
Date: 2018.07.16 16:16:20 -04'00'
USACE Project Manager Signature
7/16/2018
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil