20051455 Ver 1_COMPLETE FILE_20060525

Burgess & Niple, Inc.
EN EM 1 12700 Black Forest Lane, Ste. 100
Woodbridge, VA 22192
BURGESS & NIPLE 703 670.6400
Fax [phone]
LETTER OF TRANSMITTAL DATE: September 11, 2006 JOB NO.: 41444
RE: Nationwide Permit 39/33
Brigade Combat Team Complex (BCT)
TO: Division of Water Quality Cumberland County
401/Wetlands Unit Fort Bragg, NC 28310
1650 Mail Service Center DWQ # 2005-1455
Raleigh, NC 27699-1650 COE 4200510195
WE ARE SENDING YOU. ® Attached ? Under separate cover via
? Shop drawings ? Prints
? Copy of letter ? Change order
the following items:
? Plans ? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
1 9/11/2006 41444 Response Letter
1 9/11/2006 41444 Updated PCN

THESE ARE TRANSMITTED:
® For Approval ? Approved as submitted ? Resubmit copies for approval
? For your use ? Approved as noted ? Submit copies for distribution
? As requested ? Returned for correction ? Return corrected prints
? For review and comment ?
REMARKS: Please contact me at 703-670-6400 or at [e-mail] with any questions or
comments.
File; Richard Spencer - USACE; Catherine
Applegate- Savannah District COE; Colonel
Mark Held - Savannah District COE; Gregory
Bean - Directorate of Public Works; Camille
Cole - Directorate of Public Works; Erich
Hoffman - Directorate of Public Works; Kay
Lantrip- Archer Western, Inc.; Craig Galant-
COPY TO: Burgess & Niple, Inc. SIGNED.
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If enclosures are not as noted, kindly notify us at once.
l-\- 7?1
Allison Austin; Environmental Scientist
0.%PR41444\LN VRWc,cUPA\transmittals\d W Q_ATF_LOT_9-11-06.doc
US Army Corps of Engineers Re: Nationwide Permit 39/33
Wilmington Regulatory Field Office Brigade Combat Team Complex (BCT)
69 Darlington Avenue Cumberland County
Wilmington, NC 28402-1890 Fort Bragg, NC 28310
DWQ #2005-1455
COE #200510195
September 11, 2006
Dear Colonel Pulliam:
Burgess & NipIQ, Inc.
12700 Black Forest Lane This letter is written in response to the Memorandum for Mr. Gregory Bean dated July 20,
suite 100 2006 regarding the referenced permit.
Woodbridge, VA 22192
703 670.6400 COMMENT #1: As requested in the Memorandum referenced at item l.b., an
Fax [phone] as-built survey of both culvert crossings must be submitted to
the Wilmington Regulatory Field Office. The submitted
application included plan drawings, which were identified as
as-built surveys. However, these plans are not considered as-
built surveys as were requested. The following is provided in
an effort to clarify the data that we require and are typically
included in as-built surveys:
a. An as-built survey is usually a record drawing depicting
the actual surveyed horizontal and vertical locations of
features in a completed structure, in this case the culvert
crossings. Generally, a reproduction of the original
construction drawing is used with the as-built survey data
recorded by crossing out the original design data and
writing in the as-built data in red ink, hence the term red-
line drawings which is commonly used to refer to record
drawings. The construction drawings should include
wetlands and streams as an overlay. The term as-built
survey, together with the date of revision, is written in, or
near, the title block.
b. After-construction survey information displayed on the
approved construction plans should also accurately depict
the full extent of the land disturbance. This data should be
marked on the drawings, both plan view and profile, with a
surveyed location point and elevation, in red ink.
Elevations should be surveyed every 10 feet along the
centerline of the structure with additional 10 foot offset
shoots to document bottom elevation changes within the
disturbance area. All dimensional changes shall be
1 9 1 2
Page 2
reflected as corrected dimensions by writing the change in
red ink below the original value. All pipe structures and
interface changes shall be reflected on the drawings to
scale and defined with sufficient dimensions to be able to
confirm the location in the field. All lines, letters, and
details shall he sharp, clear, and fully legible. All additions
to the drawings shall be precisely drawn to scale of the
original drawing and their locations dimensioned.
c. The as-built drawings typically are verified by a registered
Land Surveyor or Licensed Engineer, with their
conformation signature on the record plans. All survey
field notes should be provided with the as-built plans. This
information typically expedites our review of after-the-fact
permit requests.

RESPONSE: An as-built survey meeting the requirements listed above is
submitted as Attachment 1.
COMMENT #2: As requested in the Memorandum referenced at item I.b.,
compensatory mitigation is required for all unavoidable,
authorized impacts and a plan for providing this mitigation
was to be submitted with the after-the-fact application. In the
application, referenced as item I.a., compensatory mitigation is
offered in the form of stream restoration within the bottomless
culvert at Area Al. This mitigation proposal is unacceptable
since the bottom contours of the stream channel have been
disturbed and lowered and would most likely result in unstable
conditions within the culvert, potentially compromising the
culvert footers' integrity and requiring constant remedial
activities to meet the mitigation template. Furthermore, the
stream would not be restored to its original condition without
removal of the culvert, thereby restoring associated aquatic
functions, with this proposal. Only a full, stable restoration of
the disturbed channel would be considered acceptable in the
case of a violation of permit conditions. Alternatively, there
are numerous stream channels on post that are in need of
restoration that could be utilized to compensate for the
additional impacts, if authorized. Stream channels within
close proximity to the BCT complex should be investigated as
potential mitigation sites and coordinated with the Wilmington
Regulatory staff.
RESPONSE: Compensatory mitigation for the after-the-fact application is offered in the
form of payment to the North Carolina Ecosystem Enhancement Program
(EEP). An acceptance letter from EEP will be forwarded upon receipt.
Attachment 2 is the signed request form to EEP.

Page 3
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For your records an updated PCN is included as Attachment 3. Feel free to contact either
myself or Lori Whitacre at [phone] or via e-mail at [e-mail] or
[e-mail]. Thank you in advance for your time.
Sincerely,
Allison Austin
Environmental Scientist
Enclosures
cc: John Dorney, North Carolina DENR Division of Water Quality
Ken Averitte, NCDENR Water Quality Section
Ian McMillian, NCDENR Water Quality Section
Alan W. Klimek, NCDENR Water Quality Section
Cyndi Karoly, NCDENR Division of Water Quality
Ms. Belinda Henson, NCDENR Division of Water Quality
Mr. Ken Jolly, USACE
Mr. Richard Spencer, USACE
Mr. Keith Harris, USACE
Catherine Applegate, Savannah District Army Corps of Engineers
Colonel Mark Held, Savannah District Army Corps of Engineers
Gregory Bean, Directorate of Public Works
Camille Cole, Directorate of Public Works
Kay Lantrip, Archer Western, Inc.
Craig Galant, Burgess & Niple, Inc.

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CODES USED FOR TOPO AND LOCATION OF ARCH BRIDGE & 72" TWIN PIPES
BB-BOTTOM OF BANK
BC-BACK OF CURB
CL-CENTERLINE
CK-CREEK
EA-EDGE OF ASPHALT
EC-EDGE OF CONCRETE
ECC-EDGE OF CONCRETE AT CORNER
FE-POINT ON LINE OF FENCE
GN-GROUND SHOT
HW-HEAD WALL
INV-INVERT OF PIPE
RCP-REINFORCED CONCRETE PIPE
CMP-CORRAGATED METAL PIPE
RO-ROCK OUTCROPPING
TA-TOP OF ASPHALT
TB-TOP OF BANK
TC-TOP OF CONCRETE
TRH-DECIDOUS TREE
TRP-CONIFEROUS TREE
WA-WALL
WW-WING WALL
CONC-CONCRETE
ELEV-ELEVATION
AIR MILE-AIRBOURNE MILE
INSID-INSDIE OF RIP RAP AREA (NOT EDGE)
NUMBER AFTER TRH & TRP IS TREE SIZE
ANY NUMBER IN A CODE IS IN INCHES UNLESS OTHERWISE NOTED
ST SET BY CORPS- A STICK THAT THE CORPS PLACED AND WANTED
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
Revised 1/19/06
Print this form, fill in required Information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
1. Name of Applicant or Agent Oe tti of `P4 My -
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2. Name of Business of Applicant or Agent p M pf- P?b,t?C czwkS
3. Mailing Address (Street or PO Box)
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4. City, State, Zip _ ?r??5rA !1 ? a?S3 ! a -
5. Telephone (eg, 919-555-1212) Cg 4100 Ct
6. Fax (optional)
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7. E-mail (optional) _
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G-y-esory _s' 10SM US. &rMy.T: 1
8. Project Name
- -
9. Project Location (nearest town, city) For
10. Lat-Long Coordinates (optional)
11. Project County
12. River Basin `-`-----
13. Cataloging Unit (8-digit) O3n3 00DLl
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14. Riparian Wetland Impact (ac.) (e.g., 0.13) M? I
15. Non-Riparian Wetland Impact (ac.) -?-
-
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MA
16. Coastal Marsh Impact (ac.)
--' --
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17. Stream Impacts-Cold (ft.) (e.g. 1,234) --
WA
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18. Stream Impact-Cool (ft.) I
ir?@ 1^_ ?.
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19. Stream Impact-Warm (ft.) IVA y
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20. Buffer Impact-Zono 1 (sq. ft.) (e.g. 12,345) i N,t_ `-` ---
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21. Buffer Impact-Zone 2
?-
Check (v) below it this request is a: I Si at of Applica or Agent:
_ revision to a current acceptance, or
_ re-submission of an expired acceptance ' Dat
Dat I ,
Buffer mitigation applicable only in the Neuse, Tar-Pamlico nd Catawba river basins, and the Randleman Lake
Water Supply Watershed.
For help in determining the Cataloging Unit, go to EPS's'Surf Your Watershed' web page.
hitp-/lcfpub.eaa.nov/surf/locatelndex.cfm
Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]
4-1
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #39 (verified)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
R r tt 7-' ?i "P, M-
II. Applicant Information ``-F . r ? ?•.. ?,:::,
1. Owner/A li
pp cant Information
Name: Department of the Army SE' 1 ' lfli)
Mailing Address: Department of Public Works (IMSE BRG PW)
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Headquarters Fort Brae Garrison Command (ABN)'??
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Gregory. [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Allison Austin
Company Affiliation: Burgess & Niple
Mailing Address: 12700 Black Forest Lane
Suite 100
Woodbridge, VA 22192
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page I of 10
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
® 1. Name of project: Fort Bragg Brigade Combat Team (BCT) Complex
"'• 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Cumberland County Nearest Town: Fayetteville, NC
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take
All-American Expressway north to Reilly Road, heading north approximately 2 miles. The
project area is on the left hand side bound by Butner Road to the north and Reilly Road to the
east, Longstreet Road to the south and Tank Creek to the west.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM: X:681218 Y: 3891871
6. Property size (acres): The area proposed for the BCT Complex is approximately 136 acres.
7. Name of nearest receiving body of water: McFayden Pond
8. River Basin: Upper Cape Fear (Cataloging Unit 03030004)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been under construction for the Fort Bragg
Brigade Combat Team (BCT) Comnlex since October 2005. The site consists of modular
buildings designed to house troops, mess-hall facilities, exercise facilities, roads, and utilities.
The area surrounding the BCT is used for military base facilities.
Page 2 of 10
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed Modularity Development Plan is intended to support a military population of
approximately 3,500 active-duty military personnel and consists of two components. The
Temporary Stationing Plan will construct temporary facilities until a permanent stationing
decision is made by the Army. If there is no longer a requirement for the temporary
facilities, they will be removed. The first Phase of the Temporary Stationing Development
Plan is scheduled to provide facilities and support elements with a goal of functionality
during the sprin)z of 2006.
IV.
V.
11. Explain the purpose of the proposed work: In response to the Army's transformation
initiative, a new Unit of Action (UA) will be temporarily stationed at Fort Bragg, effective
June 2006. The purpose of the project is to support the UA that has been assigned to Fort
Bragg. The UA would consist of approximately 3,500 soldiers and their associated
equipment.
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Jurisdictional Determination UD) for the Wetland Delineation,
Action ID Number is 2005-00238. The wetland plats were signed on December 13, 2004 by
Lillette Granade, USACE, Wilmington District. A Nationwide 39 and 33 permit was obtained
through COE (Action ID 200501095) issued on November 29, 2005 and DWQ (20051455)
issued on December 5, 2005. The application date was July 20, 2005. The Nationwide 39
permit was issued for 0.02 acres of PFO wetland impact and 184 linear feet of perennial stream
impact. The Nationwide 33 permit was issued for 0.07 acres of temporary PFO wetland impact
and 170 linear feet of temporary perennial stream impact. Mitigation was obtained at a 2:1 ratio
through the Ecosystem Enhancement Program (EEP) for 0.25 acres (0.02 acre impact) of PFO
wetland and 368 linear feet (184 if of impact) of stream.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NA
Page 3 of 10
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The project, under a Nationwide 39, proposes an after-the-fact permit modification for 145
linear feet of impacts to a stream feature resulting from a road crossing and placement_of_a
bottomless culvert (Area Al).
On-site mitigation is commonly thought to be an ecologically preferable alternative to off-
site or restoration fund donations as the mitigation takes place in close hydrologic proximity
to the impacts and provides additional ecosystem continuity, and can be viewed as a form of
impact minimization. On-site mitigation, as discussed at the July 20"i, 2006 site meeting, is
proposed for 15 linear feet of the stream feature, by replanting the previously disturbed
riparian area immediately downstream of the bottomless culvert. This area has already
j replanted with native species.
In addition. The COE permit (Action ID 200501095) issued on November 29. 2005 allowed
® for 184 linear feet of impacts, however the Fort Bragg BCT construction used only 144 linear
feet of impact (Impact Area R1 for 40 if was modified during construction to cause no
impacts to the stream). Payment was made to NCEEP at a 2:1 ratio for 368 linear feet of
stream. Providing the Fort Bragg BCT complex an excess of stream mitigation credits of 80
linear feet. Therefore, the applicant proposes North Carolina Ecosystem Enhancement
Project (NCEEP) donation for 90 if at a 2:1 ratio of 180 of reported stream feature impacts at
Area Al.
In summary, mitigation for the 145 If of impact is proposed as follows: 15 If of on-site
restoration, 40 feet of mitigation previously paid to NCEEP under the November 2005
permit, and 90 feet of additional mitigation paid to NCEEP at a 2:1 ratio.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Page 4 of 10
n
r
Nationwide 39
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
NA NA NA NA
NA NA
NA NA NA NA
NA NA
Total Wetland Impact (acres) NA
2. List the total acreage (estimated) of all existing wetlands on the property: 6.53
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, darn
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
1 plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
NATIONWI DE 39
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent'? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
Road Crossing Perennial 2-4 feet
A I Tank Creek
(permanent)
Stream 145 <0.0 I
TOTAL PERMANENT STREAM IMPACT (BY LENGTH AND ACREAGE) 145 <0.01
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma)
ocean, etc.)
(acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 5 of 10
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
NWP 39
Stream Impact (acres) <0.01
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U.S. (acres) <0.01
Total Stream Impact (linear feet) 145
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
NA
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The concept design site layout was geared towards minimizing and avoiding wetland areas and
streams associated with the Tank Creek Watershed. The project was permitted in November
2005, with permanent impacts of 0.02 acres of wetland and 184 linear feet of stream. Temporary
impacts were permitted at 0.07 acres of wetland and 170 linear feet of stream.
The area identified in the previous permit as Impact Area A 1 (bottomless culvert) was permitted
for 0.02 acres of wetland and 0.00 if of stream Due to the unsuitable soil material within the
culvert area, soil was removed and replaced with materials appropriate to support the culvert
Page 6 of 10
foundation and roadway above. The drainage feature contours were affected during this cut and
fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A Restoration Plan for the NW39- Modification is discussed in Section VI-1 above.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://li2o.enr.state.nc.us/wm/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 7 of 10
Amount of stream mitigation requested (linear feet): 180
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes X No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DW
Q)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
I 3 (2 for Catawba) NA
2 1.5 NA
Total NA NA
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 8 of 10
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious area is minimal and exists
in the northeast area of the project site, surrounding the horse stables. Impervious area is
approximately 5 acres. Proposed impervious area for the final site design is 44-acres which is
approximately 32% of the total site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All sewage will be directed to the Fort Brae waste water sewage treatment facility located on
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes X No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
site design for the BCT Complex is a temporary stationing facility for troops, the lifespan of the
buildings is six to ten years or when the Army makes a permanent stationing decision. Any
future development of the site and impact to downstream water quality is out of our prevue at
Page 9 of 10
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., dra -down schedules for lakes, dates associated with Endangered and
Threatened Species, ac s ' ility problems, or other issues outside of the applicant's control).
NA
Applica t/Agent's Signature " Date
(Agent's signatt a is valid only if an authorization letter from the applicant is provided.)
Page to of to
1191 Burgess & Niple, Inc.
12700 Black Forest Lane, Ste. 100
ON Woodbridge, VA 22192
BURGESS & NIPLE 703 670.6400
Fax [phone]
LETTER OF TRA NSMI T TA L DATE: September 11, 2006 JOB NO.: 41444
RE: Nationwide Permit 39/33
Brigade Combat Team Complex (BCT)
TO: Division of Water Quality Cumberland County
401/Wetlands Unit Fort Bragg, NC 28310
Attn: John Dorney DWQ # 2005-1455
1650 Mail Service Center COE #200510195
Raleigh, NC 27699-1650
WE ARE SENDING YOU. ® Attached ? Under separate cover via the following items:
? Shop drawings ? Prints ? Plans ? Samples ? Specifications
? Copy of letter ? Change order ?
COPIES DATE NO. DESCRIPTION
1 9/11/2006 41444 Response Letter
1 9/11/2006 41444 Updated PCN
THESE ARE TRANSMITTED:
® For Approval ? Approved as submitted ? Resubmit copies for approval
? For your use ? Approved as noted ? Submit copies for distribution
? As requested ? Returned for correction ? Return corrected prints
? For review and comment ?
REMARKS: Seven copies of the PCN was submitted to the Division of Water Quality. Please contact
me at 703-670-6400 or at [e-mail] with any questions or comments.
File; Richard Spencer - USACE; John Dorney
- DENR; Ken Averitte - DENR; Cyndi Karoly
DENR; Catherine Applegate - Savannah
District COE; Colonel Mark Held - Savannah
District COE; Gregory Bean - Directorate of
Public Works; Erich Hoffman - Directorate of
Public Works; Kay Lantrip- Archer Western;
COPY TO: Craig Galant - B&N SIGNED:
Allison Austin; Environmental Scientist
., ?,4 i
tJ
SE/ 1 2006 0:\PR41444\ENVR\docUPA\transmittalsOomey_ATF_LOT_9-11-06.doc
If enclosures are not as noted, kindly notify us at once.
r
Burgess tip Niple, Inc.
12700 Black Forest Lane
Suite 100
Woodbridge, VA 22192
703 670.6400
Fax [phone]
L."
14
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street
Suite 714
Fayetteville, NC 28301-5043
September 11, 2006
Dear Mr. Klimek:
Re: Amendment to 401 Water Quality
Certification
Fort Bragg Brigade Combat Team Complex
(BCT)
Cumberland County
Fort Bragg, NC 28310
DWQ #2005-1455 v.3
COE #200510195
This letter is written in response to the letter sent to Mr. Gregory Bean dated August 2,
2006 regarding the referenced permit.
COMMENT #1: There appears to be some disagreement between the project
drawings and the narrative (Item 6-3 in the application) about
the actual length of the stream impacts under the bottomless
culvert, (Area Al). Is the impact 100 feet as indicated, or 118
feet as indicated by the station numbers on the drawings?
RESPONSE: An as-built survey meeting is submitted as Attachment 1. The
final impact for the bottomless culvert (Area A1) as determined by
this as-built survey is 145.
COMMENT #2: In regard to the twin culverts, (Area A2), is there an accurate
survey of the total stream impacts, including all rip-rap, that
demonstrates that the actual stream impacts are within the
length authorized (1441.f.)?
RESPONSE: An as-built survey meeting is submitted as Attachment 1. The
final impact for the bottomless culvert (Area A1) as determined by
this as-built survey is 145.
COMMENT #3: As discussed in a site meeting on June 6, 2006, the proposal to
use the area under the bottomless culvert for stream mitigation
is considered unacceptable. Please provide an alternative plan
for the required mitigation.
RESPONSE: Compensatory mitigation for the after-the-fact application is
offered in the form of payment to the North Carolina Ecosystem
1 9 1 2
Page 2
Enhancement Program (EEP). An acceptance letter from EEP is
forthcoming, the request letter is included as Attachment 2.
For your records, an updated PCN is included as Attachment 3. Feel free to contact either
myself or Lori Whitacre at [phone] or via e-mail at aaustin @burnip.com or
[e-mail]. Thank you in advance for your time.
Sincerely,
co;?' &.'L'
Allison Austin
Environmental Scientist
Enclosures
cc: John Dorney, North Carolina DENR Division of Water Quality
Ken Averitte, NCDENR Water Quality Section
Ian McMillian, NCDENR Water Quality Section
Cyndi Karoly, NCDENR Division of Water Quality
Ms. Belinda Henson, NCDENR Division of Water Quality
Mr. Ken Jolly, USACE
Mr. Richard Spencer, USACE
Mr. Keith Harris, USACE
Catherine Applegate, Savannah District Army Corps of Engineers
Colonel Mark Held, Savannah District Army Corps of Engineers
Gregory Bean, Directorate of Public Works
Camille Cole, Directorate of Public Works
Kay Lantrip, Archer Western, Inc.
Craig Galant, Burgess & Niple, Inc.
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CODES USED FOR TOPO AND LOCATION OF ARCH BRIDGE & 72" TWIN PIPES
BB-BOTTOM OF BANK
BC-BACK OF CURB
CL-CENTERLINE
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EA-EDGE OF ASPHALT
EC-EDGE OF CONCRETE
ECC-EDGE OF CONCRETE AT CORNER
FE-POINT ON LINE OF FENCE
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HW-HEAD WALL
INV-INVERT OF PIPE
RCP-REINFORCED CONCRETE PIPE
CMP-CORRAGATED METAL PIPE
RO-ROCK OUTCROPPING
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TC-TOP OF CONCRETE
TRH-DECIDOUS TREE
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ELEV-ELEVATION
AIR MILE-AIRBOURNE MILE
INSID-INSDIE OF RIP RAP AREA (NOT EDGE)
NUMBER AFTER TRH & TRP IS TREE SIZE
ANY NUMBER IN A CODE IS IN INCHES UNLESS OTHERWISE NOTED
ST SET BY CORPS- A STICK THAT THE CORPS PLACED AND WANTED
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t NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
Revised 1/19106
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Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715.2219. Attachments are acceptable for clarification purposes.
1. Name of Applicant or Agent Oepw"V Of `F 1 My -
i
2. Name of Business of Applicant or Agent Q _ O? PuMic f,?Q( S
3. Mailing Address (Street or PO Box)

- 3?- I G31 U? ,, -1JtAer
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_
4. City, State, Zip
-_
C?or4-rS?A n c (;L%31 -0
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5. Telephone (eg, 919-555-1212) ?gJo73S6 yooq
6. Fax (optional)
-
-
- --- --.
-
T
E-mail (optional) G„?SOI?/. f. 105-M ?`US. ?My• M" I -
8. Project Name a&\W ` ?A ?y
-
9. Project Location (nearest town, city) "--
-
10. Lat-long Coordinates (optional) r
Vrw, X
81 J ? 4or`4 v, ? `? 1 K71
11. Project County
12. River Basin V QP-W 1e_ 4?4x -'- ` -----
13. Cataloging Unit (8-digit) .St77?j p08y -
14. Riparian Wetland Impact {ac.) (o.g., 0.13) Mh
15. Non-Riparian Wetland Impact (ac.) i /V-+ -- --
16. Coastal Marsh Impact ac.
' - - "-
17. Stream Impacts-Cold (ft.) (e.g. 1,234) Atli-
18. Stream Impact-Cool (ft.)
19. Stream Impact-Warm (ft.)
IVA
20. Buffer Impact-Zone 1 (sq. R.) (e.g. 12,345}
21. Buffer Impact-Zono 2 (sq. (.) N,j
?`TT T --

?
-MA
Check O below If this request is a: I Si at of Aoplicant or Aaent:
_ revision to a current acceptance, or
_ re-submission of an expired acceptance
____.- _ _--- -- - -? Pat
Buffer mitigation applicable only in the Neuse, Tar-Pamlico nd Catawba river basins, and the Randleman Lake
Water Supply Watershed.
For help in determining the Cataloging Unit, go to EPS's -Surf Your Watershed' web page:
hlto-/Icfoub.epa.gov/surf/ ocatelndex.cfm
Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]

0
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #39 (verified)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check iercc`-•
, r ?,.v ;
1
-i a IL;? '
It
.
.
.
II. Applicant Information
1. Owner/Applicant Information SEP ?? [utib
Natne: Department of the Army
Mailing Address: Department of Public Works (IMSE BRG PW) !%'_;: t ,,.,nGTO
w
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Allison Austin
Company Affiliation: Burgess & Niple
t Mailing Address: 12700 Black Forest Lane
Suite 100
Woodbridge, VA 22192
Telephone Number: [phone] Fax Number:_ [phone]
E-mail Address: [e-mail]
n
1 Page I of 10
G
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fort Bragg Brigade Combat Team (BCT) Complex
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Cumberland County Nearest Town: Fayetteville, NC
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take
All-American Expressway north to Reilly Road, heading north approximately 2 miles. The
project area is on the left hand side bound by Butner Road to the north and Reilly Road to the
east,_Longstreet Road to the south and Tank Creek to the west.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM: X:681218 Y: 3891871
6. Property size (acres): The area proposed for the BCT Complex is approximately 136 acres.
7. Name of nearest receiving body of water: McFayden Pond
8. River Basin: Upper Cape Fear (Cataloging Unit 03030004)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been under construction for the Fort Bragg
Brigade Combat Team (BCT) Complex since October 2005. The site consists of modular
buildings designed to house troops, mess-hall facilities, exercise facilities, roads, and utilities.
The area surrounding the BCT is used for military base facilities.
Page 2 of 10
U
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed Modularity Development Plan is intended to support a military population_ of
approximately 3,500 active-duty military personnel and consists of two components. The
Temporary Stationing Plan will construct temporary facilities until a permanent stationing
decision is made by the Army. If there is no longer a requirement for the temporary
facilities, they will be removed. The first Phase of the Temporary Stationing Development
Plan is scheduled to provide facilities and support elements with a goal of functionality
during the spring of 2006.
11. Explain the purpose of the proposed work: In response to the Army's transformation
initiative, a new Unit of Action MA) will be temporarily stationed at Fort Bragg, effective
June 2006. The purpose of the project is to support the UA that has been assigned to Fort
Bragg. The UA would consist of approximately 3,500 soldiers and their associated
equipment.
IV. Prior Project History
" If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Jurisdictional Determination (JD) for the Wetland Delineation,
Action ID Number is 2005-00238. The wetland plats were signed on December 13, 2004 by
Lillette Granade, USACE, Wilmington District. A Nationwide 39 and 33 permit was obtained
!I' through COE (Action ID 200501095) issued on November 29, 2005 and DWQ (20051455)
issued on December 5, 2005. The application date was July 20, 2005. The Nationwide 39
permit was issued for 0.02 acres of PFO wetland impact and 184 linear feet of perennial stream
impact. The Nationwide 33 permit was issued for 0.07 acres of temporary PFO wetland impact
and 170 linear feet of temporary perennial stream impact. Mitigation was obtained at a 2:1 ratio
through the Ecosystem Enhancement Program (EEP) for 0.25 acres (0.02 acre impact) of PFO
wetland and 368 linear feet (1841f of impact) of stream.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
® NA
s
Page 3 of 10
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and snap all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
j space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The project, under a Nationwide 39, proposes an after-the-fact permit modification for 145
linear feet of impacts to a stream feature resulting from a road crossing and placement of a
bottomless culvert (Area Al).
On-site mitigation is commonly thought to be an ecologically preferable alternative to off-
site or restoration fund donations as the mitigation takes place in close hydrologic proximity
to the impacts and provides additional ecosystem continuity, and can be viewed as a form of
impact minimization. On-site mitigation, as discussed at the July 20`h, 2006 site meeting, is
proposed for 15 linear feet of the stream feature, by replanting the previously disturbed
riparian area immediately downstream of the bottomless culvert. This area has already been
replanted with native species.
In addition, The COE permit (Action ID 200501095) issued on November 29, 2005 allowed
for 184 linear feet of impacts, however the Fort Bragg BCT construction used only 144 linear
feet of impact (Impact Area R 1 for 40 If was modified durine constriction to cause no
impacts to the stream). Payment was made to NCEEP at a 2:1 ratio for 368 linear feet of
stream. Providing the Fort Bragg BCT complex an excess of stream mitigation credits of 80
linear feet. Therefore, the applicant proposes North Carolina Ecosystem Enhancement
Project (NCEEP) donation for 901f at a 2:1 ratio of 180 of reported stream feature impacts at
Area A1.
In summary, mitigation for the 145 If of impact is proposed as follows: 15 If of on-site
restoration, 40 feet of mitigation previously paid to NCEEP under the November 2005
permit, and 90 feet of additional mitigation paid to NCEEP at a 2:1 ratio.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
'?i 1 Page 4 of 10
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Nationwide 39
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet)
NA NA NA NA
NA NA
NA NA NA NA
NA NA
Total Wetland Impact (acres) NA
2. List the total acreage (estimated) of all existing wetlands on the property: 6.53
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
1 plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
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NATIONWI DE 39
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact ' Stream Width Length Impact
(indicate on ma) Intermittent
? Before Impact (linear feet) (acres)
Road Crossing Perennial 2-4 feet
A I Tank Creck (permanent) Stream 145 <0.01
TOTAL PERMANENT STREAM IMPACT (BY LENGTH AND ACREAGE) 145 <0.01
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
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Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 5 of 10
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
NWP 39
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Stream Impact (acres) <0.01
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U.S. (acres) <0.01
Total Stream Impact (linear feet) 145
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream Impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aestlietic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The concept design site layout was geared towards minimizing and avoiding wetland areas and
streams associated with the Tank Creek Watershed. The project was permitted in November
2005, with permanent impacts of 0.02 acres of wetland and 184 linear feet of stream. Temporary
impacts were permitted at 0.07 acres of wetland and 170 linear feet of stream.
The area identified in the previous permit as Impact Area A 1 (bottomless culvert) was permitted
for 0.02 acres of wetland and 0.00 If of stream Due to the unsuitable soil material within the
culvert area, soil was removed and replaced with materials appropriate to support the culvert
Page 6 of l0
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foundation and roadway above. The drainage feature contours were affected during this cut and
fill
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.nc.us/ncwetIands/strm,gide.litin1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A Restoration Plan for the NW39- Modification is discussed in Section VI-1 above.
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2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.11tm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 7 of 10
Amount of stream mitigation requested (linear feet): 180
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes X No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
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Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba) NA
2 1.5 NA
Total NA NA
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
Page 8 of 10
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious area is minimal and exists
in the northeast area of the project site, surrounding the horse stables. Impervious area is
approximately 5 acres. Proposed impervious area for the final site design is 44-acres which is
approximately 32% of the total site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All sewage will be directed to the Fort Brag waste water sewage treatment facility located on
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes X No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://l12o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
site design for the BCT Complex is a temporary stationing facility for troops, the lifespan of the
buildings is six to ten years or when the Army makes a permanent stationing decision. Any
future development of the site and impact to downstream water quality is out of our prevue at
this time.
Page 9 of 10
XV. Other Circumstances (Optional):
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It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., dra -down schedules for lakes, dates associated with Endangered and
Threatened Species, ac s ' ility problems, or other issues outside of the applicant's control).
NA
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41
Applica t/Agent's Signature Date
(Agent's signatL a is valid only if an authorization letter from the applicant is provided.)
I'
Pagc to or to
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BURGESS & NIPLE
US Army Corps of Engineers Re: Nationwide Permit 39/33
Wilmington Regulatory Field Office Brigade Combat Team Complex (BCT)
69 Darlington Avenue Cumberland County
Wilmington, NC 28402-1890 Fort Bragg, NC 28310
1 DWQ #2005-1455
COE #2005 1 0 1 95
September 11, 2006
Dear Colonel Pulliam:
Burgess & Niple, Inc.
12700 Black Forest Lane This letter is written in response to the Memorandum for Mr. Gregory Bean dated July 20,
site 100 2006 regarding the referenced permit.
Woodbridge, VA 22192
703 670.6400 COMMENT #1: As requested in the Memorandum referenced at item 1.b., an
Fax [phone] as-built survey of both culvert crossings must be submitted to
the Wilmington Regulatory Field Office. The submitted
application included plan drawings, which were identified as
as-built surveys. However, these plans are not considered as-
built surveys as were requested. The following is provided in
an effort to clarify the data that we require and are typically
included in as-built surveys:
a. An as-built survey is usually a record drawing depicting
the actual surveyed horizontal and vertical locations of
features in a completed structure, in this case the culvert
crossings. Generally, a reproduction of the original
construction drawing is used with the as-built survey data
recorded by crossing out the original design data and
writing in the as-built data in red ink, hence the term red-
line drawings which is commonly used to refer to record
drawings. The construction drawings should include
wetlands and streams as an overlay. The term as-built
survey, together with the date of revision, is written in, or
'=?? t near, the title block.
1 b. After-construction survey information displayed on the
S EP 1 20ob approved construction plans should also accurately depict
the full extent of the land disturbance. This data should be
%`? L I .;', }S =.Tr marked on the drawings, both plan view and profile, with a
surveyed location point and elevation, in red ink.
Elevations should be surveyed every 10 feet along the
centerline of the structure with additional 10 foot offset
shoots to document bottom elevation changes within the
disturbance area. All dimensional changes shall be
1 9 1 2 i
Page 2
reflected as corrected dimensions by writing the change in
red ink below the original value. All pipe structures and
interface changes shall be reflected on the drawings to
scale and defined with sufficient dimensions to be able to
confirm the location in the field. All lines, letters, and
details shall be sharp, clear, and fully legible. All additions
to the drawings shall be precisely drawn to scale of the
original drawing and their locations dimensioned.
c. The as-built drawings typically are verified by a registered
Land Surveyor or Licensed Engineer, with their
conformation signature on the record plans. All survey
field notes should be provided with the as-built plans. This
information typically expedites our review of after-the-fact
permit requests.
RESPONSE: An as-built survey meeting the requirements listed above is
submitted as Attachment 1.
COMMENT #2: As requested in the Memorandum referenced at item Lb.,
compensatory mitigation is required for all unavoidable,
authorized impacts and a plan for providing this mitigation
was to be submitted with the after-the-fact application. In the
application, referenced as item I.a., compensatory mitigation is
offered in the form of stream restoration within the bottomless
culvert at Area Al. This mitigation proposal is unacceptable
since the bottom contours of the stream channel have been
disturbed and lowered and would most likely result in unstable
conditions within the culvert, potentially compromising the
culvert footers' integrity and requiring constant remedial
activities to meet the mitigation template. Furthermore, the
stream would not be restored to its original condition without
removal of the culvert, thereby restoring associated aquatic
functions, with this proposal. Only a full, stable restoration of
the disturbed channel would be considered acceptable in the
case of a violation of permit conditions. Alternatively, there
are numerous stream channels on post that are in need of
restoration that could be utilized to compensate for the
additional impacts, if authorized. Stream channels within
close proximity to the BCT complex should be investigated as
potential mitigation sites and coordinated with the Wilmington
Regulatory staff.
RESPONSE: Compensatory mitigation for the after-the-fact application is offered in the
form of payment to the North Carolina Ecosystem Enhancement Program
(EEP). An acceptance letter from EEP will be forwarded upon receipt.
Attachment 2 is the signed request form to EEP.
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For your records an updated PCN is included as Attachment 3. Feel free to contact either
myself or Lori Whitacre at [phone] or via e-mail at [e-mail] or
[e-mail]. Thank you in advance for your time.
Sincerely,
Allison Austin
Environmental Scientist
Enclosures
cc: John Dorney, North Carolina DENR Division of Water Quality
Ken Averitte, NCDENR Water Quality Section
Ian McMillian, NCDENR Water Quality Section
Alan W. Klimek, NCDENR Water Quality Section
Cyndi Karoly, NCDENR Division of Water Quality
Ms. Belinda Henson, NCDENR Division of Water Quality
Mr. Ken Jolly, USACE
Mr. Richard Spencer, USACE
Mr. Keith Harris, USACE
Catherine Applegate, Savannah District Army Corps of Engineers
Colonel Mark Held, Savannah District Army Corps of Engineers
Gregory Bean, Directorate of Public Works
Camille Cole, Directorate of Public Works
Kay Lantrip, Archer Western, Inc.
Craig Galant, Burgess & Niple, Inc.

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FORT BRAGG, NORTH CAROLINA

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PLAN AND PROFILE
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BB-BOTTOM OF BANK
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EA-EDGE OF ASPHALT
EC-EDGE OF CONCRETE
ECC-EDGE OF CONCRETE AT CORNER
FE-POINT ON LINE OF FENCE
GN-GROUND SHOT
HW-HEAD WALL
INV-INVERT OF PIPE
RCP-REINFORCED CONCRETE PIPE
CMP-CORRAGATED METAL PIPE
RO-ROCK OUTCROPPING
TA-TOP OF ASPHALT
TB-TOP OF BANK
TC-TOP OF CONCRETE
TRH-DECIDOUS TREE
TRP-CONIFEROUS TREE
WA-WALL
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
Revised 1/19/06
Print this form, fill in required Information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
1. Name of Applicant or Agent FoAlAt4 Of `I tKMy
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2. Name of Business of Applicant or Agent o Of' Pvb1ic WDf s

3. Mailing Address (Street or PO Box)
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6 1 45, 3 G3 1S v1?'
4.
City, State, Zip
5. Telephone (eg, 919-555-1212) i
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Fri r_&A y? C v3_931 1)

Cal 1o7356 ? 1104) 9
6. Fax (optional)
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E-mail (optional)
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8. Project Name
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9. Project Location (nearest town, city) ror?

10. Lat-Long Coordinates (optional) _
4&,", X a - -i -
81 16 Lo'"4 L' 3+B`518?1
11. Project County
12. River Basin QP?? ---•_-______
13. Cataloging Unit (8-digit) 03(23001)y -
14. Riparian Wetland Impact (ac.) (e. g., 013)
15. Non-Riparian Wetland Impact (ac.) -- -AlA -'-?
-
16. Coastal Marsh Impact (ac.)
`___.. An? --
.
17. Stream Impacts-Cold (ft.) (e.g. 1,234) A/A
t 18. Stream Impact-Cool (ft.)
19. Stream Impact-Warm (ft.)
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20. Buffer Impact-Zone 1 (sq. It.) (e.g. 12,345),] -- _-'-'
21 Buffer Impact-Zono 2 (sq. ---
__

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; Check () below If this request is
a
:
I Si at of Applicar
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_ revision to a current acceptance, or l G
_ re-submission of an expired acceptance _
Buffer mitigation applicable only in the Neuse, Tar-Pamlico nd Catawba river basins, and the Randleman Lake
1 Water Supply Watershed,
For help in determining the Cataloging Unit, go to EPS's'Surf Your Watershed' web page:
hltp-/Icfoub.epa.gov/surf/Iocatelndex.cfm
Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1 1.
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Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #39 (verified)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), c 3 kjhere:
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H. Applicant Information L
1. Owner/Applicant Information SEP ! l 2006
Name: Department of the Army
Mailing Address: Department of Public Works (IMSE BRG PW) t;rt? r ` `` T? ER QUALITY
Headquarters Fort Brad Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Allison Austin
Company Affiliation: Burgess & Niple
Mailing Address: 12700 Black Forest Lane
Suite 100
Woodbridge, VA 22192
Telephone Number: [phone] Fax Number:_ [phone]
E-mail Address: [e-mail]
Page 1 of 10
H
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fort Brae Brigade Combat Team (BCT) Complex
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Cumberland County Nearest Town: Fayetteville, NC
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take
All-American Expressway north to Reilly Road, heading north approximately 2 miles. The
project area is on the left hand side bound by Butner Road to the north and Reilly Road to the
east, Longstreet Road to the south and Tank Creek to the west.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM: X:681218 Y: 3891871
6. Property size (acres): The area proposed for the BCT Complex is approximately 136 acres.
7. Name of nearest receiving body of water: McFayden Pond
8. River Basin: Upper Cape Fear (Cataloging Unit 03030004)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at.http://l12o.enr.state.iic.us/adinin/maps /.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been under construction for the Fort Brae
Brigade Combat Team (BCT) Complex since October 2005. The site consists of modular
buildings designed to house troops, mess-hall facilities, exercise facilities roads and utilities.
The area surrounding the BCT is used for military base facilities.
I Page 2 of 10
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed Modularity Development Plan is intended to support a military population of
approximately 3,500 active-duty military personnel and consists of two components. The
Temporary Stationing Plan will construct temporary facilities until a permanent stationing
decision is made by the Army. If there is no longer a requirement for the temporary
facilities, they will be removed. The first Phase of the Temporary Stationing Development
Plan is scheduled to provide facilities and support elements with a goal of functionality
during the spring of 2006.
11. Explain the purpose of the proposed work:_ In response to the Army's transformation
initiative, a new Unit of Action (UA) will be temporarily stationed at Fort Bragg, effective
June 2006. The purpose of the project is to support the UA that has been assigned to Fort
Bragg. The UA would consist of approximately 3,500 soldiers and their associated
equipment.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Jurisdictional Determination (JD) for the Wetland Delineation,
Action ID Number is 2005-00238. The wetland plats were signed on December 13, 2004 by
Lillette Granade, USAGE, Wilmington District. A Nationwide 39 and 33 permit was obtained
through COE (Action ID 200501095) issued on November 29, 2005 and DWQ (20051455)
issued on December 5, 2005. The application date was July 20 2005. The Nationwide 39
permit was issued for 0.02 acres of PFO wetland impact and 184 linear feet of perennial stream
im act. The Nationwide 33 permit was issued for 0.07 acres of temporary PFO wetland impact
and 170 linear feet of temporary perennial stream impact. Mitigation was obtained at a 2:1 ratio
through the Ecosystem Enhancement Program (EEP) for 0.25 acres (0.02 acre impact) of PFO
wetland and 368 linear feet (184 If of impact) of stream.
V. Future Project Plans
0
n
u
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NA
Page 3 of 10
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The project, under a Nationwide 39, proposes an after-the-fact permit modification for 145
linear feet of impacts to a stream feature resulting from a road crossing and placement of a
bottomless culvert (Area Al).
On-site mitigation is commonly thought to be an ecologically preferable alternative to off-
site or restoration fund donations as the mitigation takes place in close hydrologic proximity
to the impacts and provides additional ecosystem continuity, and can be viewed as a form of
impact minimization. On-site mitigation, as discussed at the July 20`x', 2006 site meeting, is
proposed for 15 linear feet of the stream feature, by replanting the previously disturbed
riparian area immediately downstream of the bottomless culvert. This area has already
replanted with native species.
In addition, The COE hermit (Action ID 200501095) issued on November 29. 2005 allowed
® for 184 linear feet of impacts, however the Fort Bragg BCT construction used only 144 linear
feet of impact (Impact Area RI for 40 if was modified during construction to cause no
impacts to the stream). Payment was made to NCEEP at a 2:1 ratio for 368 linear feet of
stream. Providing the Fort Bragg BCT complex an excess of stream mitigation credits of 80
linear feet. Therefore, the applicant proposes North Carolina Ecosystem Enhancement
Project (NCEEP) donation for 90 If at a 2:1 ratio of 180 of reported stream feature impacts at
Area Al.
In summarv, mitication for the 145 if of impact is nronosed as follows: 15 if of on-site
® restoration, 40 feet of mitigation previously paid to NCEEP under the November 2005
permit, and 90 feet of additional mitigation paid to NCEEP at a 2:1 ratio.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns,
® separately list impacts due to both structure and flooding.
Page 4 of 10
C?
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Nationwide 39
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
NA NA NA NA
NA NA
NA NA NA NA
NA NA
Total Wetland Impact (acres) NA
2. List the total acreage (estimated) of all existing wetlands on the property: 6.53
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
P1,
Fi C

NATIONWI DE 39
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
Road Crossing Perennial 2-4 feet
A I Tank Creek 145 <0.01
(permanent) Stream
TOTAL PERMANENT STREAM IMPACT (BY LENGTH AND ACREAGE) 145 <0.0I
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 5 of 10
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
NWP 39

Stream Impact (acres) <0.01
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U.S. (acres) <0.01
Total Stream Impact (linear feet) 145
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The concept design site layout was geared towards minimizing and avoiding wetland areas and
streams associated with the Tank Creek Watershed. The project was permitted in November
2005, with permanent impacts of 0.02 acres of wetland and 184 linear feet of stream. Temporary
impacts were permitted at 0.07 acres of wetland and 170 linear feet of stream.
The area identified in the previous permit as Impact Area Al (bottomless culvert) was permitted
for 0.02 acres of wetland and 0.00 if of stream Due to the unsuitable soil material within the
culvert area, soil was removed and replaced with materials appropriate to support the culvert
Page 6 of 10
foundation and roadway above. The drainage feature contours were affected during this cut and
fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.nc.us/ncwetlands/strni.ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A Restoration Plan for the NW39- Modification is discussed in Section VI-1 above.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 7 of 10
Amount of stream mitigation requested (linear feet): 180
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes X No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba) NA
2 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 8 of 10
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing, impervious area is minimal and exists
in the northeast area of the project site, surrounding the horse stables. Impervious area is
approximately 5 acres. Proposed impervious area for the final site design is 44-acres which is
approximately 32% of the total site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All sewage will be directed to the Fort Bragg waste water sewage treatment facility located on
post.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes X No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http:Hh2o.enr.state.nc.us/ncwetIands. If no, please provide a short narrative description: The
site design for the BCT Complex is a temporary stationing f?acility for troops, the lifespan of the
buildings is six to ten years or when the Army makes a permanent stationing decision. Any
future development of the site and impact to downstream water quality is out of our prevue at
this time.
Page 9 of 10
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules dra -down schedules for lakes, dates associated with Endangered and
Threatened Species, ac s ' ility problems, or other issues outside of the applicant's control).
NA
Applic,;alt/Agent's Signature Date
(Agent's signt a is valid only if an authorization letter fro in the applicant is provided.)
Page to of to
©0
y
BURGESS & NIPLE

North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street
Suite 714
Fayetteville, NC 28301-5043
September 11, 2006
Re: Amendment to 401 Water Quality
Certification
Fort Bragg Brigade Combat Team Complex
(BC-0
Cumberland County
Fort Bragg, NC 28310
DWQ #2005-1455 v.3
COE #200510195
nurgess & Niple, Inc.
12700 Black Forest Lane
suite 100 Dear Mr. Klimek:
Woodbridge, VA 22192
703 670.6400 This letter is written in response to the letter sent to Mr. Gregory Bean dated August 2,
Fax [phone] regarding the referenced permit.
COMMENT #1: There appears to be sonic disagreement between the project
drawings and the narrative (Item 6-3 in the application) about
the actual length of the stream impacts under the bottomless
culvert, (Area Al). Is the impact 100 feet as indicated, or 118
feet as indicated by the station numbers on the drawings?
RESPONSE: An as-built survey meeting is submitted as Attachment 1. The
final impact for the bottomless culvert (Area A1) as determined by
this as-built survey is 145.
COMMENT #2: In regard to the twin culverts, (Area A2), is there an accurate
survey of the total stream impacts, including all rip-rap, that
t demonstrates that the actual stream impacts are within the
length authorized (144 l.f.)?
.L?06 1
Th
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o
RESPONSE: ,
ment
e
An as-built survey meeting is submitted as Attac
final impact for the bottomless culvert (Area A1) as determined by
this as-built survey is 145.

COMMENT #3: As discussed in a site meeting on June 6, 2006, the proposal to
use the area under the bottomless culvert for stream mitigation
is considered unacceptable. Please provide an alternative plan
for the required mitigation.
RESPONSE: Compensatory mitigation for the after-tile-fact application is
offered in the form of payment to the North Carolina Ecosystem
1 9 1 2
Page 2
Enhancement Program (EEP). An acceptance letter from EEP is
forthcoming, the request letter is included as Attachment 2.
For your records, an updated PCN is included as Attachment 3. Feel free to contact either
myself or Lori Whitacre at [phone] or via e-mail at [e-mail] or
[e-mail]. Thank you in advance for your time.
Sincerely,
Allison Austin
Environmental Scientist
Enclosures
cc: John Dorney, North Carolina DENR Division of Water Quality
Ken Averitte, NCDENR Water Quality Section
Ian McMillian, NCDENR Water Quality Section
Cyndi Karoly, NCDENR Division of Water Quality
Ms. Belinda Henson, NCDENR Division of Water Quality
Mr. Ken Jolly, USACE
Mr. Richard Spencer, USACE
Mr. Keith Harris, USACE
Catherine Applegate, Savannah District Army Corps of Engineers
Colonel Mark Held, Savannah District Army Corps of Engineers
Gregory Bean, Directorate of Public Works
Camille Cole, Directorate of Public Works
Kay Lantrip, Archer Western, Inc.
Craig Galant, Burgess & Niple, Inc.

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DESIGNED BY: DATE:
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CODES USED FOR TOPO AND LOCATION OF ARCH BRIDGE & 72" TWIN PIPES
BB-BOTTOM OF BANK
BC-BACK OF CURB
CL-CENTERLINE
CK-CREEK
EA-EDGE OF ASPHALT
EC-EDGE OF CONCRETE
ECC-EDGE OF CONCRETE AT CORNER
FE-POINT ON LINE OF FENCE
GN-GROUND SHOT
HW-HEAD WALL
INV-INVERT OF PIPE
RCP-REINFORCED CONCRETE PIPE
CMP-CORRAGATED METAL PIPE
RO-ROCK OUTCROPPING
TA-TOP OF ASPHALT
TB-TOP OF BANK
TC-TOP OF CONCRETE
TRH-DECIDOUS TREE
TRP-CONIFEROUS TREE
WA-WALL
WW-WING WALL
CONC-CONCRETE
ELEV-ELEVATION
AIR MILE-AIRBOURNE MILE
INSID-INSDIE OF RIP RAP AREA (NOT EDGE)
NUMBER AFTER TRH & TRP IS TREE SIZE
ANY NUMBER IN A CODE IS IN INCHES UNLESS OTHERWISE NOTED
ST SET BY CORPS- A STICK THAT THE CORPS PLACED AND WANTED
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
Revised 1119/06
Print this form, fill in required Information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715.2219. Attachments are acceptable for clarification purposes.
1. Name of Applicant or Agent - OeMt4 Of-Am rMy -
2. Name of Business of Applicant or Agent Q p? p?,p,iG too 5
3. Mailing Address (Street or PO Box) 6145, 3 G31 6AA12, ' 424
?L
4. Clty, State, Zip

5. Telephone (eg, 919-555-1212) ----"`
t?or1-??A n c a?? ? a

6.910-) 35(o 1,400 9
6. Fax (optional) NO) y 3a - 66D $
7. E-mail (optional) 6-tro-S ory. . 10Cm o` us. axiny• M. ^
8. Project Name
T
9. Project Location (nearest town, city) ---r`-Fbr?
10. Lat-Long Coordinates (optional) W_U X 8 -??-- '-
a r`4 .3188 t?71
11. Project County (A)M` " ?COU4-/
12. River Basin V ?P ? -
13. Cataloging Unit (8-digit) 0.??.3oODy `
14. Riparian Wetland Impact (ac.)
15. Non-Riparian Wetland Impact (ac.) --
16. Coastal Marsh Impact ac.
-- -
17. Stream Impacts-Cold 1,234} WA
1 18. Stream Impact-Cool (ft.) -? i ?? -- - y
19. Stream Impact-Warm (ft.) NJ?
-
120. Buffer I act-
Z
mp ono 1 (sq. ft.) (e.g. 12,345) !
AIA
21. Buffer Impact-Zone 2 ----
- N
Check (4) below If this request rs a: I Si at of Applicant or Agent:
_ revision to a current acceptance, or
_ re-submission of an expired acceptance
i -- Date
V
Buffer mitigation applicable only in the Neuse, Tar-Pamlico nd Catawba river basins, and the Randleman Lake
Water Supply Watershed.
For help in determining the Cataloging Unit, go to EPS's'Surf Your Watershed' web page.
http-//cfpub.epa.nov/surfllocalelndex.cfrn
Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]

11 USACE Action ID No. DWQ No.
Office Use Only: Form Version March 05
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #39 (verified)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information 01 _?_ `:?
1. Owner/Applicant Information
Name: Department of the Army SEP 1 2 2006
Mailing Address: Department of Public Works (IMSE BRG PW) arm
Headquarters Fort Bragg Garrison Command (ABN) '" ''?r`-.','.,•.;'.:it."t °???
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Allison Austin
Company Affiliation: Burgess & Niple
Mailing Address: 12700 Black Forest Lane
Suite 100
Woodbridge, VA 22192
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
s
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III.
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Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fort Bragg Brigade Combat Team (BCT) Complex
2. T.I.P. Project Number or State Project Number (NCDOT Only):
NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Cumberland County Nearest Town: Fayetteville, NC
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take
All-American Expressway north to Reilly Road, heading north approximately 2 miles. The
project area is on the left hand side bound by Butner Road to the north and Reilly Road to the
east, Longstreet Road to the south and Tank Creek to the west.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM: X:681218 Y: 3891871
6. Property size (acres): The area proposed for the BCT Complex is approximately 136 acres.
7. Name of nearest receiving body of water: McFayden Pond
8. River Basin: Upper Cape Fear (Cataloging Unit 03030004)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been under construction for the Fort Bragg
Brigade Combat Team (BCT) Complex since October 2005. The site consists of modular
buildings designed to house troops, mess-hall facilities, exercise facilities, roads, and utilities.
The area surrounding the BCT is used for military base facilities.
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10. Describe the overall project in detail, including the type of equipment to be used: The
proposed Modularity Development Plan is intended to support a military population of
approximately 3,500 active-duty military personnel and consists of two components. The
Temporary Stationing Plan will construct temporary facilities until a permanent stationing
decision is made by the Army. If there is no longer a requirement for the temporary
facilities, they will be removed. The first Phase of the Temporary Stationing Development
Plan is scheduled to provide facilities and support elements with a goal of functionality
during the spring of 2006.
11. Explain the purpose of the proposed work: In response to the Army's transformation
initiative, a new Unit of Action MA) will be temporarily stationed at Fort Brae, effective
June 2006. The purpose of the project is to support the UA that has been assigned to Fort
Brae. The UA would consist of approximately 3,500 soldiers and their associated
equipment.
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Jurisdictional Determination (JD) for the Wetland Delineation,
Action ID Number is 2005-00238. The wetland plats were signed on December 13, 2004 by
Lillette Granade, USACE, Wilmington District. A Nationwide 39 and 33 permit was obtained
through COE (Action ID 200501095) issued on November 29, 2005 and DWQ (20051455)
issued on December 5, 2005. The application date was July 20, 2005. The Nationwide 39
permit was issued for 0.02 acres of PFO wetland impact and 184 linear feet of perennial stream
impact. The Nationwide 33 permit was issued for 0.07 acres of temporary PFO wetland impact
and 170 linear feet of temporary perennial stream impact. Mitigation was obtained at a 2:1 ratio
through the Ecosystem Enhancement Program (EEP) for 0.25 acres (0.02 acre impact) of PFO
wetland and 368 linear feet (184 if of impact) of stream.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Page 3 of 10
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VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The project, under a Nationwide 39, proposes an after-the-fact permit modification for 145
linear feet of impacts to a stream feature resulting from a road crossing and placement of a
bottomless culvert (Area At).
On-site mitigation is commonly tght to be an ecologically preferable alternative to off-
site or restoration fund donations as the mitigation takes place in close hydrologic proximity
to the impacts and provides additional ecosystem continuity, and can be viewed as a form of
impact minimization. On-site mitigation, as discussed at the July 20`x', 2006 site meeting, is
proposed for 15 linear feet of the stream feature, by replanting the previously disturbed
riparian area immediately downstream of the bottomless culvert. This area has already been
re
lanted with n
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ve spec
es.
In addition, The COE permit (Action ID 200501095) issued on November 29, 2005 allowed
for 184 linear feet of impacts, however the Fort Bragg BCT construction used only 144 linear
feet of impact (Impact Area R1 for 40 if was modified during construction to cause no
impacts to the stream). Payment was made to NCEEP at a 2:1 ratio for 368 linear feet of
stream. Providing the Fort Bragg BCT complex an excess of stream mitigation credits of 80
linear feet. Therefore, the applicant proposes North Carolina Ecosystem Enhancement
Project (NCEEP) donation for 901f at a 2:1 ratio of 180 of reported stream feature impacts at
Area A 1.
In summary, mitigation for the 145 if of impact is proposed as follows: 15 if of on-site
restoration, 40 feet of mitigation previously paid to NCEEP under the November 2005
permit, and 90 feet of additional mitigation paid to NCEEP at a 2:1 ratio.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
I separately list impacts due to both structure and flooding.
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Nationwide 39
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
NA NA NA NA
NA NA
NA NA NA NA
NA NA
Total Wetland Impact (acres) NA
2. List the total acreage (estimated) of all existing wetlands on the property: 6.53
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
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NATIONWI DE 39
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acmes)
Road Crossing Perennial 2-4 feet
A I Tank Creek 145 <0.01
(permanent) Stream
TOTAL PERMANENT STREAM IMPACT (BY LENGTH AND ACREAGE) 145 <0.01
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name
of Wat Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 5 of 10
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
NWP 39

Stream Impact (acres) <0.01
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U.S. (acres) <0.01
Total Stream Impact (linear feet) 145
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The concept design site layout was geared towards minimizing and avoiding wetland areas and
streams associated with the Tank Creek Watershed. The project was permitted in November
2005, with permanent impacts of 0.02 acres of wetland and 184 linear feet of stream. Temporary
impacts were permitted at 0.07 acres of wetland and 170 linear feet of stream.
The area identified in the previous permit as Impact Area A I (bottomless culvert) was permitted
for 0.02 acres of wetland and 0.00 If of stream Due to the unsuitable soil material within the
culvert area, soil was removed and replaced with materials appropriate to support the culvert
I Page 6 of 10
foundation and roadway above. The drainage feature contours were affected during this cut and
fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.nc.us/ncwetlands/strmgide.litml.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A Restoration Plan for the NW39- Modification is discussed in Section VI-1 above.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nC.us/wrp/index.htin. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
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Amount of stream mitigation requested (linear feet): 180
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes X No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No X
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba) NA
2 1.5 NA
Total NA NA
* Zone I extends out 30 feet perpendicular froin the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of zone I.
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3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260. NA
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious area is minimal and exists
in the northeast area of the protect site, surrounding, the horse stables. Impervious area is
approximately 5 acres. Proposed impervious area for the final site design is 44-acres which is
approximately 32% of the total site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All sewage will be directed to the Fort Braap, waste water sewage treatment facility located on
post.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes X No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: The
site design for the BCT Complex is a temporary stationing facility for troops, the lifespan of the
buildings is six to ten years or when the Army makes a permanent stationing decision. Any
future development of the site and impact to downstream water quality is out of our prevue at
this time.
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XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., dra -down schedules for takes, dates associated with Endangered and
Threatened Species, ac s ' ility problems, or other issues outside of the applicant's control).
NA
Applica t/Agent's Signature Date
(Agcnt's signati c is valid only if an authorization letter from the applicant is provided.)
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Burgess & Niple, Inc.
12700 Black Forest Lane, Ste. 100
Woodbridge, VA 22192
BURGESS & NIPLE 703 670.6400
Fax [phone]
LETTER OF TRANSMITTAL DATE: September 11, 2006 JOB NO.: 41444
RE: Nationwide Permit 39/33
Brigade Combat Team Complex (BCT)
TO: Division of Water Quality Cumberland County
401/Wetlands Unit Fort Bragg, NC 28310
Attn: Cyndi Karoly DWQ # 2005-1455
1650 Mail Service Center COE #200510195
Raleigh, NC 27699-1650
WE ARE SENDING YOU. ® Attached ? Under separate cover via
? Shop drawings ? Prints
? Copy of letter ? Change order
the following items:
? Plans ? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
1 9/11/2006 41444 Response Letter
1 9/11/2006 41444 Updated PCN

THESE ARE TRANSMITTED:
® For Approval
? For your use
? As requested
? For review and comment
? Resubmit
? Submit _
? Return _
_ copies for approval
copies for distribution
corrected prints
REMARKS: Seven copies of the PCN was submitted to the Division of W tg Qt jai tX,, IfPlease contact
me at 703-670-6400 or at [e-mail] with any questions or comet! aL1/`?
File; Richard Spencer - USACE; John Dorney
- DENR; Ken Averitte - DENR; Cyndi Karoly tF P 1 9 1 Q?6
DENR; Catherine Applegate - Savannah
District COE; Colonel Mark Held - Savannah Dt i^,\
District COE; Gregory Bean - Directorate of 11c1U1 3s?dDSfGr,i,;c•1??r'u:CH
Public Works; Erich Hoffman - Directorate of V
Public Works; Kay Lantrip- Archer Western;
COPY TO: CraigGalant-B&N SIGNED:
Allison Austin; Environmental Scientist
? Approved as submitted
? Approved as noted
? Returned for correction
0:\PR41444\ENVR\doc\JPA\transmittals\Karoly_ATF_LOT 9-11-06.doc
If enclosures are not as noted, kindly notify us at once. i
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BURGESS & NIPLE
US Army Corps of Engineers Re:
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28402-1890
September 11, 2006
Nationwide Permit 39/33
Brigade Combat Team Complex (BCT)
Cumberland County
Fort Bragg, NC 28310
DWQ #2005-1455
COE #200510195
Dear Colonel Pulliam:
Burgess & Niple, Inc.
12700 Black Forest Lane This letter is written in response to the Memorandum for Mr. Gregory Bean dated July 20,
suite 100 2006 regarding the referenced permit.
Woodbridge, VA 22192
703 670.6400 COMMENT #1: As requested in the Memorandum referenced at item Lb., an
Fax [phone] as-built survey of both culvert crossings must be submitted to
the Wilmington Regulatory Field Office. The submitted
application included plan drawings, which were identified as
as-built surveys. However, these plans are not considered as-
built surveys as were requested. The following is provided in
an effort to clarify the data that we require and are typically
included in as-built surveys:
a. An as-built survey is usually a record drawing depicting
the actual surveyed horizontal and vertical locations of
features in a completed structure, in this case the culvert
crossings. Generally, a reproduction of the original
construction drawing is used with the as-built survey data
recorded by crossing out the original design data and
writing in the as-built data in red ink, hence the term red-
line drawings which is commonly used to refer to record
drawings. The construction drawings should include
wetlands and streams as an overlay. The term as-built
survey, together with the date of revision, is written in, or
near, the title block.
b. After-construction survey information displayed on the
approved construction plans should also accurately depict
the full extent of the land disturbance. This data should be
marked on the drawings, both plan view and profile, with a
surveyed location point and elevation, in red ink.
Elevations should be surveyed every 10 feet along the
centerline of the structure with additional 10 foot offset
shoots to document bottom elevation changes within the
disturbance area. All dimensional changes shall be
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RESPONSE:
COMMENT #2:
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reflected as corrected dimensions by writing the change in
red ink below the original value. All pipe structures and
interface changes shall be reflected on the drawings to
scale and defined with sufficient dimensions to be able to
confirm the location in the field. All lines, letters, and
details shall be sharp, clear, and fully legible. All additions
to the drawings shall be precisely drawn to scale of the
original drawing and their locations dimensioned.
c. The as-built drawings typically are verified by a registered
Land Surveyor or Licensed Engineer, with their
conformation signature on the record plans. All survey
field notes should be provided with the as-built plans. This
information typically expedites our review of after-the-fact
permit requests.
An as-built survey meeting the requirements listed above is
submitted as Attachment 1.
As requested in the Memorandum referenced at item l.b.,
compensatory mitigation is required for all unavoidable,
authorized impacts and a plan for providing this mitigation
was to be submitted with the after-the-fact application. In the
application, referenced as item l.a., compensatory mitigation is
offered in the form of stream restoration within the bottomless
culvert at Area Al. This mitigation proposal is unacceptable
since the bottom contours of the stream channel have been
disturbed and lowered and would most likely result in unstable
conditions within the culvert, potentially compromising the
culvert footers' integrity and requiring constant remedial
activities to meet the mitigation template. Furthermore, the
stream would not be restored to its original condition without
removal of the culvert, thereby restoring associated aquatic
functions, with this proposal. Only a full, stable restoration of
the disturbed channel would be considered acceptable in the
case of a violation of permit conditions. Alternatively, there
are numerous stream channels on post that are in need of
restoration that could be utilized to compensate for the
additional impacts, if authorized. Stream channels within
close proximity to the BCT complex should be investigated as
potential mitigation sites and coordinated with the Wilmington
Regulatory staff.
RESPONSE: Compensatory mitigation for the after-the-fact application is offered in the
form of payment to the North Carolina Ecosystem Enhancement Program
(EEP). An acceptance letter from EEP will be forwarded upon receipt.
Attachment 2 is the signed request form to EEP.
Page 3
For your records an updated PCN is included as Attachment 3. Feel free to contact either
myself or Lori Whitacre at [phone] or via a-mail at [e-mail] or
[e-mail]. Thank you in advance for your time.
Sincerely,
Allison Austin
Environmental Scientist
Enclosures
cc: John Dorney, North Carolina DENR Division of Water Quality
Ken Averitte, NCDENR Water Quality Section
Ian McMillian, NCDENR Water Quality Section
Alan W. Klimek, NCDENR Water Quality Section
Cyndi Karoly, NCDENR Division of Water Quality
Ms. Belinda Henson, NCDENR Division of Water Quality
Mr. Ken Jolly, USACE
Mr. Richard Spencer, USACE
Mr. Keith Harris, USACE
Catherine Applegate, Savannah District Army Corps of Engineers
Colonel Mark Held, Savannah District Army Corps of Engineers
Gregory Bean, Directorate of Public Works
Camille Cole, Directorate of Public Works
Kay Lantrip, Archer Western, Inc.
Craig Galant, Burgess & Niple, Inc.

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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
Revised 1/19/06
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Print this form, fill in required Information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715.2219. Attachments are acceptable for clarification purposes.
1. Name of Applicant or Agent OepAMt,% - Of -A4 A --y
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2. Name of Business of Applicant or Agent 0 of- PuMi'c Loork5
3. Mailing Address (Street or PO Box) 4 ?? 3 631 6_4Aer l&a-z'
4. Clty, State, Zip
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5. Telephone (eg, 919-555-1212) T=?
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8. Project Name
9. Project Location (nearest town, city)
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12. River Basin
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13. Cataloging Unit (8-digit) o303o0Dy
14. Riparian Wetland Impact (ac.) (e.g., 0.13) M? I
15. Non-Riparian Wetland Impact (ac.)
16. Coastal Marsh Impact ac.
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17. Stream Impacts-Cold (ft.) (e.g. 1,234) 4/A '--- -u - ! - ----"`?---
? 18. Stream Impact-Cool (ft.) 190 i7ea - - -" ;
19. Stream Impact-Warm (ft.)
i 20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) AI,(-
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21 Buffer Impact-Zone 2 (sq. ft.)
Check () below If this request is a: I Sig at of Applican
I / J t or Agent:
_ revision to a current acceptance, or l
I _ re-submission of an expired acceptance
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Buffer mitigation applicable only in the Neuse, Tar-Pamlico nd Catawba river basins, and the Randleman Lake
1 Water Supply Watershed,
For help in determining the Cataloging Unit, go to EPS's'Surf Your Watershed' web page:
http-/lcfpub.ena.oov/surfnocalelndex.cfM
Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]

7
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #39 (verified)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check h:J r? I?
II. Applicant Information l 1 [ [?
u 2006
1. Owner/Applicant Information SEP 1
Name: Department of the Army
Mailing Address: Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Gregory. [e-mail] il
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
1 must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Allison Austin
Company Affiliation: Burgess & Niple
Mailing Address: 12700 Black Forest Lane
Suite 100
Woodbridge, VA 22192
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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1 Page 1 of 10
1 III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
® the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fort Bragg Brigade Combat Team (BCT) Complex
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Cumberland County Nearest Town: Fayetteville, NC
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take
All-American Expressway north to Reilly Road, heading north approximately 2 miles. The
project area is on the left hand side bound by Butner Road to the north and Reilly Road to the
east, Longstreet Road to the south and Tank Creek to the west.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM: X:681218 Y: 3891871
6. Property size (acres): The area proposed for the BCT Complex is approximately 136 acres.
7. Name of nearest receiving body of water: McFayden Pond
8. River Basin: Upper Cape Fear (Cataloging Unit 03030004)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littP:Hh2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been under construction for the Fort Brae
Brigade Combat Team (BCT) Complex since October 2005. The site consists of modular
buildings designed to house troops, mess-hall facilities, exercise facilities, roads, and utilities.
The area surrounding the BCT is used for military base facilities.
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10. Describe the overall project in detail, including the type of equipment to be used: The
proposed Modularity Development Plan is intended to support a military population of
approximately 3,500 active-duty military personnel and consists of two components. The
Temporary Stationing Plan will construct temporary facilities until a permanent stationing
decision is made by the Army. If there is no longer a requirement for the temporary
facilities, they will be removed. The first Phase of the Temporary Stationing Development
Plan is scheduled to provide facilities and support elements with a goal of functionality
during the spring of 2006.
11. Explain the purpose of the proposed work: In response to the Army's transformation
initiative, a new Unit of Action (UA) will be temnorarilv stationed at Fort Bragg. effective
June 2006. The purpose of the project is to support the UA that has been assigned to Fort
Braga. The UA would consist of approximately 3.500 soldiers and their associated
equipment.
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Jurisdictional Determination OD) for the Wetland Delineation,
Action ID Number is 2005-00238. The wetland plats were signed on December 13, 2004 by
Lillette Granade, USACE, Wilmington District. A Nationwide 39 and 33 permit was obtained
through COE (Action ID 200501095) issued on November 29, 2005 and DWQ (20051455)
issued on December 5, 2005. The application date was July 20, 2005. The Nationwide 39
permit was issued for 0.02 acres of PFO wetland impact and 184 linear feet of perennial stream
impact. The Nationwide 33 permit was issued for 0.07 acres of temporary PFO wetland impact
and t70 linear feet of temporary perennial stream impact. Mitigation was obtained at a 2:1 ratio
through the Ecosystem Enhancement Program (EEP) for 0.25 acres (0.02 acre impact) of PFO
wetland and 368 linear feet (1841f of impact) of stream.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NA
Page 3 of 10
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The project, under a Nationwide 39, proposes an after-the-fact permit modification for 145
linear feet of irnpacts to a stream feature resulting from a road crossing and placement of a
bottomless culvert (Area A 1).
On-site mitigation is commonly thought to be an ecologically preferable alternative to off-
site_ or restoration fund donations as the mitigation takes place in close hydrologic proximity
to the impacts and provides additional ecosystem continuity, and can be viewed as a form of
impact minimization. On-site mitigation, as discussed at the July 20`x', 2006 site meeting iS
proposed for 15 linear feet of the stream feature, by replanting the previously disturbed
riparian area immediately downstream of the bottomless culvert. This area has already been
replanted with native species.
In addition, The COE permit (Action ID 200501095) issued on November 29, 2005 allowed
for 184 linear feet of impacts, however the Fort Bragg BCT construction used only 144 linear
feet of impact (Impact Area RI for 40 if was modified durina construction to cause no
impacts to the stream). Payment was made to NCEEP at a 2:1 ratio for 368 linear feet of
stream. Providing the Fort Bragg BCT complex an excess of stream mitigation credits of 80
linear feet. Therefore, the applicant proposes North Carolina Ecosystem Enhancement
Project (NCEEP) donation for 90 If at a 2:1 ratio of 180 of reported stream feature impacts at
Area A1.
In summary, mitigation for the 145 If of impact is proposed as follows: 15 If of on-site
restoration, 40 feet of mitigation previously paid to NCEEP under the November 2005
permit, and 90 feet of additional mitigation paid to NCEEP at a 2:1 ratio.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
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Nationwide 39
Wetland Impact Type of Wctland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.)
( es/no)
(linear feet)
NA NA NA NA
NA NA
NA NA NA NA
NA NA
Total Wetland Impact (acres) NA
2. List the total acreage (estimated) of all existing wetlands on the property: 6.53
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, darn
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
NATIONWI DE 39
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact
' Stream Width Length Impact

(indicate on ma) Intermittent
?
Before Impact
(linear feet)
(acres)
Road Crossing Perennial 2-4 feet
A I Tank Creek (permanent) Stream 145 <0.01
TOTAL PERMANENT STREAM IMPACT (BY LENGTH AND ACREAGE) 145 <0.01
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name Watcrbody Type of Waterbody Area of
Site Number applicable) )
(if ap Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 5 of 10
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
NWP 39
Stream Impact (acres) <0.01
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U.S. (acres) <0.01
Total Stream Impact (linear feet) 145
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The concept design site layout was geared towards minimizing and avoiding wetland areas and
streams associated with the Tank Creek Watershed. The project was permitted in November
2005, with permanent impacts of 0.02 acres of wetland and 184 linear feet of stream. Temporary
impacts were permitted at 0.07 acres of wetland and 170 linear feet of stream.
The area identified in the previous permit as Impact Area A 1 (bottomless culvert) was permitted
for 0.02 acres of wetland and 0.00 If of stream Due to the unsuitable soil material within the
culvert area, soil was removed and replaced with materials appropriate to support the culvert
Page 6 of 10
foundation and roadway above. The drainage feature contours were affected during this cut and
fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
RM If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.nc.us/ncwetlands/strmgide.litnil.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
i' a separate sheet if more space is needed.
A Restoration Plan for the NW39- Modification is discussed in Section VI-1 above.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
!I that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 7 of 10
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Amount of stream mitigation requested (linear feet): 180
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes X No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba) NA
2 1.5 NA
Total NA NA
Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.

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3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. NA
Stormivater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious area is minimal and exists
in the northeast area of the project site, surrounding the horse stables. Impervious area is
approximately 5 acres. Proposed impervious area for the final site design is 44-acres which is
approximately 32% of the total site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All sewage will be directed to the Fort Brags; waste water sewage treatment facility located on
nost.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes X No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
site design for the BCT Complex is a temporary stationing facility for troops, the lifespan of the
buildings is six to ten years or when the Army makes a permanent stationing decision. Any
future development of the site and impact to downstream water quality is out of our prevue at
this time.
1 Page 9 of 10

XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., dra -down schedules for lakes, dates associated with Endangered and
Threatened Species, ac s ' ility problems, or other issues outside of the applicant's control).
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BURGESS & NIPLE
North Carolina Department of Re: Amendment to 401 Water Quality
Environment and Natural Resources Certification
Division of Water Quality Fort Bragg Brigade Combat Team Complex
225 Green Street (BCT)
Suite 714 Cumberland County
Fayetteville, NC 28301-5043 Fort Bragg, NC 28310
DWQ #2005-1455 v.3
COE #200510195
September 11, 2006
Burgess & Niple, Inc.
12700 Black Forest Lane
suite 100 Dear Mr. Klimek:
Woodbridge, VA 22192
703 670.6400 This letter is written in response to the letter sent to Mr. Gregory Bean dated August 2,
Fax [phone] regarding the referenced permit.
COMMENT #1: There appears to be sonic disagreement between the project
drawings and the narrative (Item 6-3 in the application) about
the actual length of the stream impacts under the bottomless
culvert, (Area Al). Is the impact 100 feet as indicated, or 118
feet as indicated by the station numbers on the drawings?
RESPONSE: An as-built survey meeting is submitted as Attachment 1. The
final impact for the bottomless culvert (Area AI) as determined by
this as-built survey is 145.
COMMENT #2: In regard to the twin culverts, (Area A2), is there an accurate
survey of the total stream impacts, including all rip-rap, that
demonstrates that the actual stream impacts are within the
length authorized (144 l.f.)?
RESPONSE: An as-built survey meeting is submitted as Attachment 1. The
final impact for the bottomless culvert (Area A1) as determined by
this as-built survey is 145.
COMMENT #3: As discussed in a site meeting on June 6, 2006, the proposal to
use the area under the bottomless culvert for stream mitigation
is considered unacceptable. Please provide an alternative plan
V7 i yi ?31Ji for the required mitigation.
C 1P- " RESPONSE: Compensatory mitigation for the after-the-fact application is
d` A offered in the form of payment to the North Carolina Ecosystem
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Page 2
Enhancement Program (EEP). An acceptance letter from EEP is
forthcoming, the request letter is included as Attachment 2.
For your records, an updated PCN is included as Attachment 3. Feel free to contact either
myself or Lori Whitacre at [phone] or via e-mail at [e-mail] or
[e-mail]. Thank you in advance for your time.
Sincerely,
Allison Austin
Environmental Scientist
Enclosures
cc: John Dorney, North Carolina DENR Division of Water Quality
Ken Averitte, NCDENR Water Quality Section
Ian McMillian, NCDENR Water Quality Section
Cyndi Karoly, NCDENR Division of Water Quality
Ms. Belinda Henson, NCDENR Division of Water Quality
Mr. Ken Jolly, USACE
Mr. Richard Spencer, USACE
Mr. Keith Harris, USACE
Catherine Applegate, Savannah District Army Corps of Engineers
Colonel Mark Held, Savannah District Army Corps of Engineers
Gregory Bean, Directorate of Public Works
Camille Cole, Directorate of Public Works
Kay Lantrip, Archer Western, Inc.
Craig Galant, Burgess & Niple, Inc.
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CODES USED FOR TOPO AND LOCATION OF ARCH BRIDGE & 72" TWIN PIPES
BB-BOTTOM OF BANK
BC-BACK OF CURB
CL-CENTERLINE
CK-CREEK
EA-EDGE OF ASPHALT
EC-EDGE OF CONCRETE
ECC-EDGE OF CONCRETE AT CORNER
FE-POINT ON LINE OF FENCE
GN-GROUND SHOT
HW-HEAD WALL
INV-INVERT OF PIPE
RCP-REINFORCED CONCRETE PIPE
CMP-CORRAGATED METAL PIPE
RO-ROCK OUTCROPPING
TA-TOP OF ASPHALT
TB-TOP OF BANK
TC-TOP OF CONCRETE
TRH-DECIDOUS TREE
TRP-CONIFEROUS TREE
WA-WALL
WW-WING WALL
CONC-CONCRETE
ELEV-ELEVATION
AIR MILE-AIRBOURNE MILE
INSID-INSDIE OF RIP RAP AREA (NOT EDGE)
NUMBER AFTER TRH & TRP IS TREE SIZE
ANY NUMBER IN A CODE IS IN INCHES UNLESS OTHERWISE NOTED
ST SET BY CORPS- A STICK THAT THE CORPS PLACED AND WANTED
RESHOT
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
Revised 1/19/06
Print this form, fill in required Information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh. NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
1. Name of Applicant or Agent
-
0eFoAtm4 of -Ilia ko%y -
2. Name of Business of Applicant or Agent Q 0? pub,tc. works
3. Mailing Address (Street or PO Box) G31 IStArt12?' rZ=-&7
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4. City, StatQ, Zip
i ?? w?J_)l c-.rs? ! a
Off'-_-__
S. Telephone (eg, 919-555-1212) Cg I C? 3'T 6 ' y00 9
6. Fax (optional)
_ _?• __. MID) y 33? -
-
7. Email (optional) G„?QSO?/_S,. ?e,Ah ?` U5. ?'My• m? ? -.
8. Project Name
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9. Project Location (nearest town, city) roi?
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10. Lat-Long Coordinates (optional) 4N)I_
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11. Project County
12. River Basin
- "- ---- -
V QP4-r P_ 4?oj
13. Cataloging Unit (8-digit) Q3(23000Ll
14. Riparian Wetland Impact (ac.) (e.g., 0.13) VA-
15. Non-Riparian Wetland Impact (ac.) IV -? -'-
16. Coastal Marsh Impact ac.
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17. Stream Impacts-Cold (ft.)
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1,234}
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1 18. Stream Impact-Cool (ft.)
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19. Stream Impact-Warns (ft.)
20. Buffer Impact-Zono 1 (sq. ft.) (e.g. 12,345)
21. Buffer Impact-Zono 2 (sq. ft.)
-
-
Check O below If this request is a: I Si at of Applica
or Agent:
_ revision to a current acceptance, or i
i - re-submission of an expired acceptance
Dalt J40
v
Buffer mitigation applicable only in the Neuse, Tar-Pamlico nd Catawba Over basins, and the Randleman Lake
Water Supply Watershed.
For help in determining the Cataloging Unit, go to EPS's'Surf Your Watershed' web page.
httn-//cfaub.ena.oov/surfAocaterindex.cfm
Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]
L2(
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #39 (verified)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information I
1. Owner/Applicant Information S E P 1 2 2006
Name: Department of the Army
Mailing Address: Department of Public Works IMSE BRG PW ut.,<- +"y?,TER a ?A! iTY
Headquarters Fort Brae Garrison Command (ABN)
Installation Management Agency
Buildine 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Telephone Number: _(910) 396-4009 Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Allison Austin
Company Affiliation: Burgess & Niple
Mailing Address: 12700 Black Forest Lane
Suite 100
Woodbridge, VA 22192
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:[e-mail]
Page I of 10

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fort Bragg Brigade Combat Team (BCT) Complex
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Cumberland County Nearest Town: Fayetteville, NC
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take
All-American Expressway north to Reilly Road, heading north approximately 2 miles. The
project area is on the left hand side bound by Butner Road to the north and Reilly Road to the
east, Longstreet Road to the south and Tank Creek to the west.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM: X:681218 Y: 3891871
6. Property size (acres): The area proposed for the BCT Complex is approximately 136 acres.
7. Name of nearest receiving body of water: McFayden Pond
8. River Basin: Upper Cape Fear (Cataloging Unit 03030004)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
® River Basin map is available at http:Hli2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been under construction for the Fort Bragg
Brigade Combat Team (BCT) Complex since October 2005. The site consists of modular
buildings designed to house troops, mess-hall facilities, exercise facilities, roads, and utilities.
The area surrounding the BCT is used for military base facilities.
Page 2 of 10
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V.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed Modularity Development Plan is intended to support a military population of
approximately 3,500 active-duty military personnel and consists of two components. The
Temporary Stationing Plan will construct temporary facilities until a permanent stationing
decision is made by the Army. If there is no longer a requirement for the temporary
facilities, they will be removed. The first Phase of the Temporary Stationing Development
Plan is scheduled to provide facilities and support elements with a goal of functionality
during the spring of 2006.
11. Explain the purpose of the proposed work: In response to the Army's transformation
initiative, a new Unit of Action (UA) will be temporarily stationed at Fort Bragg, effective
June 2006. The purpose of the project is to support the UA that has been assigned to Fort
Bragg. The UA would consist of approximately 3,500 soldiers and their associated
equipment.
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Jurisdictional Determination (JD) for the Wetland Delineation,
Action 1D Number is 2005-00238. The wetland plats were signed on December 13, 2004 by
Lillette Granade, USACE, Wilmington District. A Nationwide 39 and 33 permit was obtained
through COE (Action ID 200501095) issued on November 29, 2005 and DWQ (20051455)
issued on December 5, 2005. The application date was July 20, 2005. The Nationwide 39
permit was issued for 0.02 acres of PFO wetland impact and 184 linear feet of perennial stream
impact. The Nationwide 33 permit was issued for 0.07 acres of temporary PFO wetland impact
and 170 linear feet of temporary perennial stream impact. Mitigation was obtained at a 2:1 ratio
through the Ecosystem Enhancement Program (EEP) for 0.25 acres (0.02 acre impact) of PFO
wetland and 368 linear feet (1841f of impact) of stream.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NA
Page 3 of 10
I VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The project, under a Nationwide 39, proposes an after-the-fact permit modification for 145
linear feet of impacts to a stream feature resulting from a road crossing and placement of a
bottomless culvert (Area Al).
1 On-site mitigation is commonly thought to be an ecologically preferable alternative to off-
site or restoration fund donations as the mitigation takes place in close hydrologic proximity
to the impacts and provides additional ecosystem continuity, and can be viewed as a form of
impact minimization. On-site mitigation, as discussed at the July 20`x', 2006 site meeting, is
proposed for 15 linear feet of the stream feature, by replanting the previously disturbed
riparian area immediately downstream of the bottomless culvert. This area has already been
replanted with native species.
In addition, The COE permit (Action ID 200501095) issued on November 29, 2005 allowed
for 184 linear feet of impacts, however the Fort Bragg BCT construction used only 144 linear
feet of imnact (Impact Area RI for 40 if was modified during construction to cause no
impacts to the stream). Payment was made to NCEEP at a 2:1 ratio for 368 linear feet of
stream. Providing the Fort Brae BCT complex an excess of stream mitigation credits of 80
linear feet. Therefore, the applicant proposes North Carolina Ecosystem Enhancement
' Project (NCEEP) donation for 90 If at a 2:1 ratio of 180 of reported stream feature impacts at
Area Al.
In summarv. mitigation for the 145 if of imnact is monosed as follows: 15 if of on-site
® restoration, 40 feet of mitigation previously paid to NCEEP under the November 2005
permit, and 90 feet of additional mitigation paid to NCEEP at a 2:1 ratio.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
I Page 4 of 10
Nationwide 39
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
NA NA NA NA
NA NA
NA NA NA NA
NA NA
Total Wetland Impact (acres) NA
2. List the total acreage (estimated) of all existing wetlands on the property: 6.53
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
C
NATIONWI DE 39
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent'? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
Road Crossing Perennial 2-4 feet
A I Tank Creek (permanent) Stream 145 <0.01
TOTAL PERMANENT STREAM IMPACT (BY LENGTH AND ACREAGE) 145
I <0.01
_j
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 5 of 10

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5. List the cumulative impact to all Waters of the U.S. resulting from the project:
NWP 39
Stream Impact (acres) <0.01
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U.S. (acres) <0.01
Total Stream Impact (linear feet) 145
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
1 VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The concept design site layout was geared towards minimizing and avoiding wetland areas and
streams associated with the Tank Creek Watershed. The project was permitted in November
2005, with permanent impacts of 0.02 acres of wetland and 184 linear feet of stream. Temporary
impacts were permitted at 0.07 acres of wetland and 170 linear feet of stream.
The area identified in the previous permit as Impact Area Al (bottomless culvert) was permitted
for 0.02 acres of wetland and 0.00 if of stream Due to the unsuitable soil material within the
culvert area, soil was removed and replaced with materials appropriate to support the culvert
Page 6 of 10
foundation and roadway above. The drainage feature contours were affected during this cut and
fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
D
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If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
littp://li2o.enr.state.nc.us/ncwetIands/strm2ide.litm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A Restoration Plan for the NW39- Modification is discussed in Section VI-1 above.
u
I
I
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp://h2o.enr.state.nc.us/wrp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 7 of 10
Amount of stream mitigation requested (linear feet): 180
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes X No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

r.
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet)
Multiplier Required
Mitigation
1 3 (2 for Catawba) NA
2 1.5 NA
Total NA NA
Gone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
Page 8 of 10
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n
1 XI.
1
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s
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. NA
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious area is minimal and exists
in the northeast area of the project site, surrounding the horse stables. Impervious area is
approximately 5 acres. Proposed impervious area for the final site design is 44-acres which is
approximately 32% of the total site.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All sewage will be directed to the Fort Bragg waste water sewage treatment facility located on
post.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes X No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
site design for the BCT Complex is a temporary stationing facility for troops the lifespan of the
buildings is six to ten years or when the Army makes a permanent stationing decision. Any
future development of the site and impact to downstream water quality is out of our prevue at
this time.
Page 9 of 10
YV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., dra -down schedules for lakes, dates associated with Endangered and
Threatened Species, ac s ' ility problems, or other issues outside of the applicant's control).
NA
Applicjt/Agent's Signature Date
(Agents signac is valid only if an authorization letter from the applicant is provided.)
page i o or I o
r
DEPARTNIENT OF THE ARMY
NVILr IINGTON DISTRICT, CORPS OF ENGINEERS 0'5 - 1 4S S V 3
P.O. BOX 1890
NVILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF.
CESAW-RG-L (1145b) 20 July 2006
MEMORANDUM FOR: Mr. Gregory Bean, Directorate of Public Works, Fort Bragg, North
Carolina 28310
SUBJECT: Action ID 200501095, Brigade Combat Team Complex.
1. References:
a. Application for After-the-Fact Authorization, 19 May 2006, Burgess & Niple, Subject
SAB.
b. Memorandum for Colonel Al Aycock, 21 April 2006, CEAW-RG-L, Subject: SAB.
2. On May 24, 2006, a request was received for an after-the-fact permit for unauthorized work
on the Brigade Combat Team Complex. After review of the submitted application, referenced at
item La., we have determined that the application is incomplete and are hereby returning it for
the incorporation of additional information as identified below. Without this information, we
can not determine which required review process (NWP 39 vs Individual Permit) is appropriate
to determine if the unauthorized work can be permitted.
3. As requested in the Memorandum referenced at item l.b., an as-built survey of both culvert
crossings must be submitted to the Wilmington Regulatory Field Office. The submitted
application included plan drawings, which were identified as as-built surveys. However, these
plans are not considered as-built surveys as were requested. The following is provided in an
effort to clarify the data that we require and are typically included in as-built surveys:
a. An as-built survey is usually a record drawing depicting the actual surveyed horizontal
and vertical locations of features in a completed structure, in this case the culvert crossings.
Generally, a reproduction of the original construction drawing is used with the as-built survey
data recorded by crossing out the original design data and writing in the as-built data in red ink,
hence the term red-line drawings which is commonly used to refer to record drawings. The
construction drawings should include wetlands and streams as an overlay. The term as-built
survey, together with the date of revision, is written in, or near, the title block.
b. After-construction survey information displayed on the approved construction plans
should also accurately depict the full extent of the land disturbance. This data should be marked
on the drawings, both plan view and profile, with a surveyed location point and elevation, in red
ink. Elevations should be surveyed every 10 feet along the centerline of the structure with
additional 10 foot offset shoots to document bottom elevation changes within the disturbance
area. All dimensional changes shall be reflected as corrected dimensions by writing the change
2,E(r-7?,[goW[E ,
'u, I
CESAW-RG-L (1145b)
SUBJECT: Action ID 200501095, Brigade Combat Team Complex.
in red ink below the original value. All pipe structures and interface changes shall be reflected
on the drawings to scale and defined with sufficient dimensions to be able to confirm the location
in the field. All lines, letters, and details shall be sharp, clear, and fully legible. All additions to
the drawings shall be precisely drawn to the scale of the original drawing and their locations
dimensioned.
c. The as-built drawings typically are verified by a registered Land Surveyor or Licensed
Engineer, with their conformation signature on the record plans. All survey field notes should be
provided with the as-built plans. This information typically expedites our review of after-the-
fact permit requests.
4. As requested in the Memorandum referenced at item Lb., compensatory mitigation is
required for all unavoidable, authorized impacts and a plan for providing this mitigation was to
be submitted with the after-the-fact application. In the application, referenced at item La.,
compensatory mitigation is offered in the form of stream restoration within the bottomless
culvert at Area Al. This mitigation proposal is unacceptable since the bottom contours of the
stream channel have been disturbed and lowered and would most likely result in unstable
conditions within the culvert, potentially compromising the culvert footers' integrity and
requiring constant remedial activities to meet the mitigation template. Furthermore, the stream
would not be restored to its original condition without removal of the culvert, thereby restoring
associated aquatic functions, with this proposal. Only a full, stable restoration of the disturbed
channel would be considered acceptable in the case of a violation of permit conditions.
Alternatively, there are numerous stream channels on post that are in need of restoration that
could be utilized to compensate for the additional impacts, if authorized. Stream channels within
close proximity to the BCT complex should be investigated as potential mitigation sites and
coordinated with the Wilmington Regulatory staff.
5. My points of contact, should you have any questions, are Mr. Ken Jolly, Regulatory Division
Chief, at [phone], and Mr. Richard Spencer, Regulatory Project Manager, at (910) 251-
4172.
2
CESAW-RG-L (1145b)
SUBJECT: Action ID 200501095, Brigade Combat Team Complex.
CF:
Colonel Mark Held,
Savannah District, USACE
Post Office Box 889
Savannah, Georgia 31402-0889
Ms. Catherine Applegate
Project Manager, Ft. Bragg Team
Savannah District, USACE
Post Office Box 889
Savannah, Georgia 31402-0889
Ms. Belinda Henson
Water Quality Regional Supervisor
Division of Water Quality
North Carolina Department of Environment, and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
Mr. Ken Averitte
Division of Water Quality
North Carolina Department of Environment, and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment, and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27609-2260
Ms. Allison Austin
Environmental Scientist
Burgess & Niple
12700 Black Forest Lane, Suite 100
Woodbridge, Virginia 22192
W AT ?9QG
r
WGIL
O111ti... ? T `C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 8, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7001 2510 0006 9500 0907
Mr. Gregory Bean
Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310
SUN _ 9 2006
DENR - WATER QUALITY
V&W4Z3 R@ SToMMATM LX- Di
Subject: NOTICE OF VIOLATION
401 Water Quality Certification
DWQ P-reject # 2005-14455
Brigade Combat Team Complex
Cumberland County
Dear Mr. Bean:
On April 4, 2006, Belinda Henson from the Fayetteville Regional Office and Ian McMillan and Danny
Smith of the Central Office of the Division of Water Quality (DWQ) visited the construction site of the Brigade
Combat Team Complex on Ft. Bragg. The site visit and a subsequent fi le review revealed unauthorized stream
impacts from a culvert installation and from a bottomless/arch culvert installation.
For the culverted stream segment, approximately 167 linear feet of stream was impacted. These impacts
include the pipe installation, rip-rap, channel excavation and impacts associated with inlet/outlet protection. A
DWQ file review of the Pre-construction Notification Application indicated that only 144 feet of stream impacts
were authorized for this crossing.
The second impact is associated with a bottomless culvert. Specifically, the installation of the
bottomless culvert was accomplished in such a way that the stream footprint was mechanically graded and
impacted. Originally, this stream segment was proposed for avoidance and to be spanned by the bottomless/arch
culvert. This impact associated with the arch culvert installation (the earthen fill and mechanical grading) is
unauthorized.
Accordingly, in order to resolve the unauthorized impacts and respective stream standard violations, it is
requested by copy of this letter that you submit a modification request in order for the 401 Certification and 404
Permit to be amended appropriately.
This modification request should be submitted to the following:
• 401 Wetlands Unit, Attention Ian McMillan, 1650 Mail Service Center, Raleigh, North Carolina, 27699-
1650, along with a 5475.00 fee made payable to NC Division of Water Quality
• Fayetteville Regional Office at the letterhead address (attention Belinda Henson).
One
NorthCw-olina
,Naturally
North Carolina Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: www.newaterquality or- Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50°b Recycled/10% Post Consumer Paper
Mr. Gregory Bean
June 8, 2006
Page 2
As a part of this modification request, it is requested that you include a cover letter with your request and address
the following items:
I ) Please explain in detail the amount of stream impacts that were originally proposed to be
culverted (including inlet and outlet protection/rip-rap) and clearly indicate the amount of
stream impacts that are proposed to remain.
2) It is also requested that you clearly address whether the stream pipe crossing was properly installed
with respect to being buried at the appropriate depths to insure aquatic life passage. Note: The
General 401 Water Quality Certification 3402 has the following culvert installation condition:
"9.Placement of culverts and other structures in waters, streams and wetlands must be placed below the
elevation of the stream bed to allow low flow passage of water and aquatic life unless it can be shown to
DWQ that providing passage would be impractical. Design and placement of culverts including open
bottom or bottomless arch culverts and other structures including temporary erosion control measures
shall not be conducted in a manner that may result in aggradation, degradation or significant changes in
hydrology of wetlands or streams beds or banks, adjacent to or upstream and downstream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are
constructed across FENIA-designated floodways or wetlands, openings such as culverts or bridges must
be provided to maintain the natural hydrology of the system as well as prevent constriction of the
floodway that may result in aggradation, degradation or significant changes in hydrology of streams or
wetlands;"
3) The stream segment impacted during the installation of the bottomless culvert (noted above)
must be permitted and the respective mitigation must be clearly addressed in your modification
request.
4) Please include in your modification request a restoration plan and stabilization plan for
impacted areas that are to be restored.
Thank you for your attention to this matter. This office requires that the violations, as detailed above, be
abated immediately. These violations and any future violations are subject to civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact
Danny Smith at [phone] (ext 353), Ken Averitte or myself at [phone].
Sincerely,
Belinda Henson
Water Quality Regional Supervisor
cc: US Army Corps of Engineers - Wilmington Office -Lillette Granade
Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
401 Wetlands Oversight - lan McMillan
FRO - File Copy
DWQ Central Files
Division of Land Resources-FRO
DS 11ASS V3
NATIONWIDE PERMIT # 39
FOR
FORT BRAGG BRIGADE COMBAT TEAM COMPLEX
CUMBERLAND COUNTY, NORTH CAROLINA
PREPARED FOR:
Gregory Bean
Department of the Army
Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
PREPARED BY:
BURGESS & NIPLE, INC.
12700 BLACK FOREST LANE, SUITE 100
WOODBRIDGE, VA 22192
MAY 2006
B&N PROTECT No. 41444
00
BURGESS & NIPLE
WD
D?t?n ?`cirr?+?rD3F?y?DN

71-

Office Use Only: ,Form Version March 05
USACE Action ID No. DWQ No, DS - ` ? `? S 5 V3
(If any particular item is not applicable to ttns project, please enter toot Hppucaolc or 1-4/A .)
1. Processing;
Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #39 (verified)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coa I t age
4), and the project is within a North Carolina Division of C 10 t of
Environmental Concern (see the top of page 2 for further details), eck here: ?
MAY 2 5 2006
II. Applicant Information
1. Owner/Applicant Information
2
Mailing Address: Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Brame NC 28310-5000
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Gregory.g.be,,[e-mail]
Name: Department of the Army
A ent/Consultant Information (A signed and dated copy of the Agent Authorization letter
Suite 100
WoodbridQeVA 22192
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
b b
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Allison Austin
Company Affiliation: Burgess & Niple
Mailing Address: 12700 Black Forest Lane
DENK - WAIL CK QUMLI 1 Y
V,-rMM,q W STCf.1 WA M BRANCH
Paae 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fort Bragg Brigade Combat Team (BCT) Complex
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Cumberland County Nearest Town: Fayetteville, NC
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take
All-American Exoresswav north to Reilly Road, headiny_north approximately 2 miles. The
project area is on the left hand side bound by Butner Road to the north and Reilly Road to the
east Longstreet Road to the south and Tank Creek to the west.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM: X:681218 Y: 3891871
6. Property size (acres): The area proposed for the BCT Complex is approximately 136 acres.
7. Name of nearest receiving body of water: McFayden Pond
8. River Basin: Upper Cape Fear (Cataloging Unit 03030004)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hh2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been under construction for the Fort Bragg
Brigade Combat Team (BCT) Complex since October 2005. The site consists of modular
buildings designed to house troops mess-hall facilities exercise facilities roads and utilities.
The area surrounding the BCT is used for military base facilities.
Page 2 of 9
9
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I
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed Modularity Development Plan is intended to support a military population of
approximately 3,500 active-duty military personnel and consists of two components. The
Temporary Stationing Plan will construct temporary facilities until a permanent stationing
decision is made by the Army. If there is no longer a requirement for the temporary
facilities they will be removed The first Phase of the Temporary Stationing Development
Plan is scheduled to provide facilities and support elements with a goal of functionality
during the spring of 2006
11. Explain the purpose of the proposed work: In response to the Army's transformation
initiative a new Unit of Action (UA) will be temporarily stationed at Fort Bragg, effective
June 2006 The purpose of the project is to supDort the UA that has been assigned to Fort
Brae The UA would consist of approximately 3,500 soldiers and their associated
equipment.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Jurisdictional Determination (JD) for the Wetland Delineation,
Action ID Number is 2005-00238. The wetland plats were signed on December 13, 2004 by
Lillette Granade USACE Wilmington District. A Nationwide 39 and 33 permit was obtained
through COE (Action ID 200501095) issued on November 29, 2005 and DWQ (20051455)
issued on December 5 2005. The application date was July 20, 2005. The Nationwide 39
permit was issued for 0.02 acres of PFO wetland impact and 184 linear feet of perennial stream
impact The Nationwide 33 permit was issued for 0.07 acres of temporary PFO wetland impact
and 170 linear feet of temporary perennial stream impact. Mitigation was obtained at a 2:1 ratio
through the Ecosystem Enhancement Program (EEP) for 025 acres (0.02 acre impact) of PFO
wetland and 368 linear feet (184 if of impact) of stream.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NA
0
Page 3 of 9
ICI
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The project under a Nationwide 39, proposes an after-the-fact permit modification for
impacts to a stream feature resulting from a road crossing and placement of a bottomless
culvert (Area A 1).
On-site mitigation is commonly thcnIght to be an ecologically preferable alternative to off-
site or restoration fund donations as the mitigation takes place in close hydrologic proximity
to the impacts and provides additional ecosystem continuity, and can be viewed as a form of
impact minimization The applicant proposes on-site mitigation instead of EEP donation for
100 if of reported stream feature impacts at Area Al (Bottomless Culvert). The stream
feature which was to be avoided by the use of the bottomless culvert, will be restored to
preconstruction contours No vegetative plantings will be proposed since the permitted
culverting would naturally prohibit the light necessary for plant growth. We propose to
return the stream feature back to what the issued permit allowed. A stream restoration plan
including cross-sections is included
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Nationwide 39
Located within Distance to Area of
Wetland Impact Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet)
NA NA NA NA
NA NA
NA NA NA NA
NA NA
Total Wetland Impact (acres) NA

Page 4 of 9

I
2. List the total acreage (estimated) of all existing wetlands on the property: 6.53
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
NATIONWI DE 39
Stream Impact
erennial
P Average Impact Area of
Number Stream Name Type of Impact tj
rmittent'
nte
I Stream Width Length Impact
(indicate on ma) . Before Impact (linear feet) (acres)

A I
Tank Crock Road Crossing Perennial 2-4 feet
100
<0.01
(permanent) Stream
TOTAL PERMANENT STREAM IMPACT (BY LENGTH AND ACREAGE) 100 <0.01
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number Name of Waterbody
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay, Area of
Impact
(indicate on ma) (if applicable) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
NWP 39
Stream Impact (acres) <0.01
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U.S. (acres) <0.01
Total Stream Impact (linear feet) 100
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
0
Page 5 of 9
N
L
a 7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The concept design site layout was geared towards minimizing and avoiding wetland areas and
streams associated with the Tank Creek Watershed. The project was permitted in November
2005, with permanent impacts of 0.02 acres of wetland and 184 linear feet of stream. Temporary
impacts were permitted at 0.07 acres of wetland and 170 linear feet of stream.
The area identified in the previous permit as Impact Area A 1 (bottomless culvert) was permitted
for 0.02 acres of wetland and 0.00 If of stream Due to the unsuitable soil material within the
culvert area soil was removed and replaced with materials appropriate to support the culvert
foundation and roadwav above. The drainage feature contours were affected during this cut and
fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
9 Page 6 of 9
0
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://112o.enr.state.ne.us/ncwetiands/strmgide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A Restoration Plan for the NW39- Modification is discussed in Section V1-1 above.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://112o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
acres): NA
Amount of Non-riparian wetland mitigation requested (requestedacres(): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes X No 1:1
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?

Amount of Coastal wetland mitigation
Page 7 of 9
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3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

Zone" Impact
(square feet)
Multiplier Required

Mitigation
1 3 (2 for Catawba) NA
2 1.5 NA
Total NA NA
Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)

Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious area is minimal and exists
in the northeast area of the nroiect site, surroundin the horse stables. Impervious area is
approximately 5 acres. Proposed impervious area for the final site design is 44-acres which is
approximately 32% of the total site.
Page 8 of 9

0
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All sewage will be directed to the Fort Bragg waste water sewage treatment facility located on
post
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes X No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
site design for the ACT Complex is a temporary stationing facility for troops, the lifespan of the
buildings is six to ten years or when the Army makes a permanent stationing decision. Any
future development of the site and impact to downstream water quality is out of our prevue at
this time.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
Ap icant/Agent's Signature Date
(Agent's nature is valid only if an authorization letter from the applicant is provided.)
Page 9 or 9
u

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500238 County: Cumberland U.S.G.S. Quad: Overhills
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: XIH Airborne Corps & Fort Bragg Agent: Rahlff Ingle
Attn: Erich Hoffman Dial Cordy and Associates, Inc.
Address: AFZA-PW-N 201 N. Front Street, Suite 601
Fort Bragg, NC 28310 Wilmington, NC 28401
Telephone No.: [phone] [phone]
Property description:
Size (acres) 460 acres Nearest Town Fort Bragg
Nearest Waterway Tank Creek River Basin Cape Fear River
USGS HUC Coordinates N 35.1571 W 79.0109
Location description The property is located adjacent to Tank Creek, south of Hurst Drive, north of Sicily Drive, in an
area referred to as the North and South Tank Creek Area, in Fort Bragg, Cumberland County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
-under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part•331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements o I'
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
ffs
X There are wetlands on the above described property 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and: or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on December 13, 2004. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to determine
their requirements.
Page I of 2

Q Action ID: _gcvisvoa-1,8
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Lillette Granade at 910 251-4829.
Basis For Determination: This cite exhibits Nvetland criteria as described in the 1987 Corns Wetland Delineation Manual
and is adiacent to Tank Creek a tributary of the Little River, which is a tributary of the Cane Fear River, a navigable
water of the US Determination is based on information provided by Rahlff Ingle of Dial Cordv and Associates, Inc.
and a field visit by Lillette Granade on November 8, 2004.
Remarks:
Corps Regulatory Official: Qzlt o
Date December 13, 2004 Expiration Date December 13, 2009
Corps Regulatory Official (Initial): sky
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
I
8 Page 2 of 2
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Applicant: XIII Airborne Corps & File Number: 200500238 Date: December 13, 2004
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At tached is: a signed wetland delineation See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of ermission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
t tons r?gatduJg an aciii tnisttattve appC2l of the a bove
SLL?S'IUN1,''Tl?c follo?vii S tdentt wsFyour,n'pllts ancj o
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ticctsion idditiottal tnforin tttoli tray tic Fotit d at http 0,WNV '.usac .aiiii .niiUi ?c t/iii ctions/6w/ce0wo/re J or ; . '
Cq s;re ulattozls'a?33, ,CFR I?art33,1, ?;
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
permmit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modiN the
pemmit 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 pen-nit
• 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 die 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 If of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
I

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 ne\,\,
information for further consideration by the Corps to reevaluate the JD.

SEG?I'10N?YI ;- RG? L?JES rsFiORvt?I'1?= AIL or BJECTldt 'T,,U, AN INIl`Il?L 1?;IZOFFLEZED PERIvTS I
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.
PQINI`xOF CONT'1CT FbR °,UES')I.®NS?OR{Il?]kQRMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:

Ell Signature of appellant or agent.
III
Fil
?O'C \14 ATF9Q Nlichael F. Easley, Governor
?O G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
O -? Alan W. Klimek, P.E. Director
Division of Water Quality
December 5, 2005
"DWQ Project # 20051455
Cumberland County
Mr. Gregory Bean
Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road .
Fort Bragg, NC 28310-5000
Subject Property: Brigade Combat Team Complex (BCT)
Fort Bragg, NC
Approval of 401 Water Quality Certification with Additional Conditions, MODIFIED
Dear Mr. Bean:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise permanently impact 0.02 acres of wetlands, temporarily impact 0.07 acres of wetlands
and permanently impact 184 feet of streams'and temporarily impact 170 feet of streams for the purpose of
constructing the Brigade Combat Team Complex (BCT) at the subject property, as described within your
application dated November 2, 2005 and received by the N.C. Division of Water Quality (DWQ) on
November 2, 2005 and a subsequent modification dated November 28, 2005 (received on November 29,
2005). After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3366 and 3402 (GC's 3366 and 3402). The Certification(s) allows you
to use Nationwide Permit(s) .33 and 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or. CAMA
Permit: This Certification replaces one issued to you on November 14, 2005.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this. Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now'or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all ofthe other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
All Caro
)) na
4010versight/Express Review Permits Unit ,/Vll?llCQlff?
1650 Mal Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX 919-733Q93/ Internet: httv://h2o.enr.state.nc.us/ncwetlands
1"Id
i

0
Mr. Gregory Bean
Page 2 of 3
December 5, 2005
Amount Approved nits Plan Location or Reference
Stream (permanent) 2184 feet Site plan
Stream (temporary) 170 feet Site plan
404/LAMA Wetlands
ermanent 0.02 (acres) Site plan
404/LAMA Wetlands
(temporary) 0.07 (acres) Site plan
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No. waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts, depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
r?i?
U41
Mr. Gregory Bean
Page 3 of 3
December 5, 2005
6. Written Stormwater Management Plan (No Further Approval Needed but additional information
needed)
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated November 2, 2005, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well
as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality. A
signed and notarized Operation and Maintenance Agreement as well as a planting plan for
these bioretention areas and wet detention ponds must be sent to DWQ within one (1)
month of the date of this Certification. The planting plan must include at least a minimum of
three tree species (2.5 inch caliper) and three shrub species (3 to 5 gallon size) with information
on planting schedule, specifications, quantities, spacing and similar information. These
Stormwater Best Management measures must be maintained in a well-functioning manner unless
the site reverts to natural (i.e., undeveloped) conditions.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct .
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
t
U
i
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I!I
If you, do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John DOrney or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910486-1541.
AWK/jrd
Enclosures: GC 3306 and 3402
cc:
Certificate of Completion
Erich Hoffinan, Wildlife Biologist, Department of the Army, Directorate of Public Works
(AFZA-PW.-NE), HQ, Fort Bragg Garrision Command (Abn), Installation Management Agency,
Fort Bragg, NC 28310
Lillette Granade, USACE Wilmingotn Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Allison Austin, Environmental Scientist, Burgess and Niple, 12700 Black Forest Lane, Suite 100,
Woodbridge, VA 22192
Filename: 20051455BrigadeCombatTe=Complex(Cumberland)401 Express
L-11-1
a
O??F W ATFi9OG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
O 'C Alan W. Klimek, P.E. Director
Division of Water Quality
December 5, 2005
DWQ Project # 20051455
Cumberland County
Mr. Gregory Bean
Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Subject Property: Brigade Combat Team Complex (BCT)
Fort Bragg, NC
Approval of 401 Water Quality Certification with Additional Conditions, MODIFI , D
Dear Mr. Bean:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise permanently impact 0.02 acres of wetlands, temporarily impact 0.07 acres of wetlands
and permanently impact 184 feet of streams and temporarily impact 170 feet of streams for the purpose of
constructing the Brigade Combat Team Complex (BCT) at the subject property, as described within your
application dated November 2, 2005 and received by the N.C. Division of Water Quality (DWQ) on
November 2, 2005 and a subsequent modification dated November 28, 2005 (received on November 29,
2005) . After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3366 and 3402 (GC's 3366 and 3402). The Certification(s) allows you
to use Nationwide Permit(s) 33 and 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or. CAMA
Permit. This Certification replaces one issued to you on November 14, 2005.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this. Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of'the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permits Unit
650 Mail Service Center, Raleigh, North Carolina 27699-1650
1321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
hone: 919.733-1786 /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
NOne Caro r a
aural
Mr. Gregory Bean
Page 3 of 3
December 5, 2005
6. Written Stormwater Management Plan (No Further Approval Needed but additional information
needed)
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated November 2, 2005, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well
as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality. A
signed and notarized Operation and Maintenance Agreement as well as a planting plan for
these bioretention areas and wet detention ponds must be sent to DWQ within one (1)
month of the date of this Certification. The planting plan must include at least a minimum of
three tree species (2.5 inch caliper) and three shrub species (3 to 5 gallon size) with information
on planting schedule, specifications, quantities, spacing and similar information. These
Stormwater Best Management measures must be maintained in a well-functioning manner unless
the site reverts to natural (i.e., undeveloped) conditions.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct _
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you. do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John DOrney or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910486-1541.
AWKljrd
Enclosures: GC 3306 and 3402
cc:
e
0
Certificate of Completion
Erich Hoffman, Wildlife Biologist, Department of the Army, Directorate of Public Works
(AFZA-PW-NE), HQ, Fort Bragg Garrision Command (Abn), Installation Management Agency,
Fort Bragg, NC 28310
Lillette Granade, USACE Wihningotn Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Allison Austin, Environmental Scientist, Burgess and Niple, 12700 Black Forest Lane, Suite 100,
Woodbridge, VA 22192
Filename: 20051455BrigadeCombatTeamComplex(Cumberland)401 Express
I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200501095 County: Cumberland U.S.G.S. Quad: Overhills
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Fort Bragg Agent: Allison Austim
Attn: GrettorV Bean Burttess & Niple, Inc.
Address: Headquarters Fort Brae Garrison Command (ABN) 12700 Black Forest Lane, Suite 100
Buildintt 3-1631 Butner Road Woodbridtte, VA 22192
Fort Bratttt, NC 28310-5000
Telephone No.: [phone] [phone]
Size and location of property (water body, road name/number, town, etc.): The proposed site for the Brittade Combat
Team (BCT) Complex is approximately 136 acres in size and is located adjacent to an unnamed tributary of Tank
Creek, just east of McFayden Pond. The site is bordered by Butner Road on the north, on the east by Reilly Street,
and on the south by Lonttstreet Road, in Fort Bragg, Cumberland County, North Carolina.
Description of project area and activity: (1) Discharge of fill material into 0.02 acres of wetlands for the instillation of
a bottomless culvert footer, identified as crossintt Al on the site plan impact map. The bottomless culvert will
completely span the stream avoidintt any impacts to the stream at this road crossintt. (2) Dischartte of fill material
into 144 linear feet of stream for the construction of a road crossintt at A2. (3) Dischartte of fill material into 40
linear feet of stream for the enlarttement of the existintt crossing at Rl. (4) Temporary impacts to 0.03 acres of
wetlands and 100 linear feet of stream for the instillation of utility lines at crossintts Tl, T3, T5, T6, T7, T8, T9,
T11, T12, and T13. (5) Temporary impacts to 0.04 acres of wetlands and 70 linear feet of stream for the
construction of two temporary construction access roads. Temporary impact BI will be accomplished throutth the
use of timber mattintt, while temporary impact B2 will entail the use of a culvert and riprap.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: Nationwide Permit 39 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management 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 Lillette Grande at (910) 2514829.
Corps Regulatory Official Ak ADate: November 29, 2005
Expiration Date of Verification: March 18, 2007
Page 1 of 3
a,
Action ID: 200501095 County: Cumberland USGS Quad: Overhills
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
SPECIAL CONDITIONS
(1) No work in wetlands will commence until the mitigation requirement for this permit has been met. For the
permittee to be in compliance with this condition, the Corps of Engineers must receive notification from the North
Carolina Ecosystem Enhancement Program that payment has been received for 0.04 acres of riparian wetlands
and 368 linear feet of perennial stream (a 2:1 mitigation ratio for the 0.02 acres of wetland and 184 linear feet of
stream impacts) at a site within the 03030004 Hydrological Unit Code.
(2) All wetlands temporarily impacted by the instillation of utility lines must be restored to preconstruction contours
and revegetated with a wetland vegetation seed mix. All stream banks temporarily impacted by the instillation of
utility lines must be restored to preconstruction contours. Coir fiber matting and a wetland seed mix must be used
for bank stabilization. No rip-rap may be used for bank stabilization at any time.
(3) Temporary construction access B 1 is authorized only for and during the construction of the pedestrian walk
bridge. Timber matting associated with this temporary impact must be removed within 1 week of completion of
the pedestrian walk bridge, and the impacted area restored with a wetland vegetation seed mix.
(4) Temporary construction access B2 must be removed within 1 week of completion of the road bridge at crossing
A4. In order to minimize impacts to the stream banks, rip-rap associated with this crossing must be installed and
removed by hand. Upon removal of the culvert and rip-rap, coir fiber matting and a wetland seed mix must be
used for bank stabilization. Any grading within the stream channel necessary to restore a stable slope must be
minimal and hand graded.
(5) All work authorized by this permit must be preformed in strict compliance with the approved plans. Any
deviation in the construction design plans shall be brought to the attention of the Corps of Engineers, Ms. Lillette
Granade, Wilmington Regulatory Field Office prior to any active construction in waters or wetlands and any
modification to the permit plans must be approved by the Corps of Engineers prior to implementation.
(6) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in
the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated
with the construction or maintenance of this project with a copy of this permit and any authorized modifications.
Copies of this permit and any modifications authorized by the USACE shall be available for review at the
construction site at all times. All violations, including non-compliance of these conditions, of the authorized
permit shall be reported to the District Engineer within 24 hours of the violation.
(7) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or
mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,
within waters or wetlands, or shall any activities take place that cause the degradation of waters or wetlands. In
addition, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction
or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within, into, or
out of waters or wetlands or to reduce the reach of waters or wetlands.
ril-
9 Page 2 of 3
0
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described
project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a
change in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued December 13, 2004. Action ID 200500238.
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland
Delineation Manual and is adiacent to an unnamed tributary of Tank Creek, a tributary of the Little River, a
tributary of the Cape Fear River, a navigable water of the US. Determination is based on information provided by
Rahlff Ingle, of Dial Cordy and Associates, Inc. and a field visit by Lillette Granade on November 8, 2004.
Corps Regulatory Official:
Date November 29, 2005
I'm
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
9

Page 3 of 3
Action ID Number: 200501095 County: Cumberland
Permittee: Fort Bra22
Date Permit Issued: November 29, 2005
Project Manager: Lillette Granade
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 ?
REGULATORY FIELD OFFICE
i
i
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers
representative. If you fail to comply with this permit you are subject to permit suspension, modification, or
revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance with
the terms and condition of the said permit, and required mitigation was completed in accordance with the permit
conditions.

Signature of Permittee
Date
dEr
NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
JANUARY 15, 2002
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill
material into non-tidal waters of the United States, excluding non-tidal wetlands adjacent to tidal
waters, for the construction or expansion of residential, commercial, and institutional building
foundations and building pads and attendant features that are necessary for the use and
maintenance of the structures. Attendant features may include, but are not limited to, roads,
parking lots, garages, yards, utility lines, stormwater management facilities, and recreation
facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an
integral part of the residential development). The construction of new ski areas or oil and gas
wells is not authorized by this nationwide permit.
Residential developments include multiple and single unit developments. Examples of
commercial developments include retail stores, industrial facilities, restaurants, business parks,
and shopping centers. Examples of institutional developments include schools, fire stations,
government office buildings, judicial buildings, public works buildings, libraries, hospitals, and
' places of worship. The activities listed above are authorized, provided the activities meet all of
the following criteria:
A. The discharge does not cause the loss of greater than \1/2\ acre of non-tidal waters of the
United States, excluding non-tidal wetlands adjacent to tidal waters;
B. The discharge does not cause the loss of greater than 300 linear feet of a stream bed, unless
for intermittent stream beds this criterion is waived in writing pursuant to a determination by the
District Engineer, as specified below, that the project complies with all terms and conditions of
91 this nationwide permit and that any adverse impacts of the project on the aquatic environment are
minimal, both individually and cumulatively;
C. The permittee must notify the District Engineer in accordance with General Condition 13, if
any of the following criteria are met:
1. The discharge causes the loss of greater than \1/10\ acre of non-tidal waters of the United
States, excluding non-tidal wetlands adjacent to tidal waters; or
2. The discharge causes the loss of any open waters, including perennial or intermittent
streams, below the ordinary high water mark (see Note, below), or
3. The discharge causes the loss of greater than 300 linear feet of intermittent stream bed.
In such case, to be authorized the District Engineer must determine that the activity complies
'

with the other terms and conditions of the nationwide permit, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the
limitation on stream impacts in writing before the permittee may proceed:
D. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of affected special aquatic sites;
E. The discharge is part of a single and complete project;
F. The permittee must avoid and minimize discharges into waters of the United States at the
project site to the maximum extent practicable. The notification, when required, must include a
written statement explaining how avoidance and minimization of losses of waters of the United
States were achieved on the project site. Compensatory mitigation will normally be required to
offset the losses of waters of the United States. (See General Condition 19.) The notification
must also include a compensatory mitigation proposal for offsetting unavoidable losses of waters
of the United States. If an applicant asserts that the adverse effects of the project are minimal
without mitigation, then the applicant may submit justification explaining why compensatory
mitigation should not be required for the District Engineer's consideration;
G. When this nationwide permit is used in conjunction with any other nationwide permit, any
combined total permanent loss of waters of the United States exceeding \1/10\ acre requires that
the pennittee notify the District Engineer in accordance with General Condition 13;
H. Any work authorized by this nationwide permit must not cause more than minimal
degradation of water quality or more than minimal changes to the flow characteristics of any
stream (see General Conditions 9 and 21);
I. For discharges causing the loss of \1/10\ acre or less of waters of the United States, the
permittee must submit a report, within 30 days of completion of the work, to the District
Engineer that contains the following information: (1) The name, address, and telephone number
of the permittee; (2) The location of the work; (3) A description of the work; (4) The type and
acreage of the loss of waters of the United States (e.g., \1/2\ acre of emergent wetlands); and (5)
The type and acreage of any compensatory mitigation used to offset the loss of waters of the
United States (e.g., \1/2\ acre of emergent wetlands created on-site);
J. If there are any open waters or streams within the project area, the permittee will establish
and maintain, to the maximum extent practicable, wetland or upland vegetated buffers next to
those open waters or streams consistent with General Condition 19. Deed restrictions,
conservation easements, protective covenants, or other means of land conservation and
preservation are required to protect and maintain the vegetated buffers established on the project
site.
Only residential, commercial, and institutional activities with structures on the foundation(s)
or building pad(s), as well as the attendant features, are authorized by this nationwide permit.

2
f;]

The compensatory mitigation proposal required in paragraph (0 of this nationwide permit may be
either conceptual or detailed. The wetland or upland vegetated buffer required in paragraph 0) of
this nationwide permit will determined on a case-by-case basis by the District Engineer for
addressing water quality concerns. The required wetland or upland vegetated buffer is part of the
overall compensatory mitigation requirement for this nationwide permit. If the project site was
previously used for agricultural purposes and the farm owner/operator used Nationwide Permit
40 to authorize activities in waters of the United States to increase production or construct farm
buildings, Nationwide Permit 39 cannot be used by the developer to authorize additional
activities in waters of the United States on the project site in excess of the acreage limit for
Nationwide Permit 39 (i.e., the combined acreage loss authorized under Nationwide Permits 39
and 40 cannot exceed \1/2\ acre).
Subdivisions: For residential subdivisions, the aggregate total loss of waters of Unites States
authorized by Nationwide Permit 39 can not exceed\1/2\ acre. This includes any loss of waters
associated with development of individual subdivision lots. (Sections 10 and 404)
Note: Areas where wetland vegetation is not present should be determined by the presence or
absence of an ordinary high water mark or bed and bank. Areas that are waters of the United
States based on this criterion would require a Pre-Construction Notification (PCN) although
water is infrequently present in the stream channel (except for ephemeral waters, which do not
require PCNs under paragraph (c)(s), above; however, activities that result in the loss of greater
than\1/10\ acre of ephemeral waters would require PCNs under paragraph (c)(1), above) are
determined by the presence or absence of an ordinary high water mark or bed and bank. Areas
that are waters of the United States based on this criteria would require a PCN even though water
is infrequently present in the stream channel (except for ephemeral waters).

3

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound water.
Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a'study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate
Federal agency, with direct management responsibility for such river, has determined in writing
that the proposed activity will not adversely affect the Wild and Scenic River designation, or
study status. Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service,
Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality.

4

a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical

5

u
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nftns.noaa.gov/prot
res/overview/es.html respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWT with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
following information:

6
IJ
9
1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
3. Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional General
Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
{ 6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
spouse;
of the permittee;
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
ii. A statement that the single-family housing activity is for a personal residence
iii. A description of the entire parcel, including its size, and a delineation of
I wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
D
7
l
N Li
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective pennittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five-year (or less) maintenance plan. In addition, the PCN must include all of the
following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NNVP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
FILI
0
Q
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer

9

0
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engineer must review the plan within 45 days of receiving a complete PCN and
determine whether the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then the District Engineer will notify the applicant either:
1. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
3. that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of
the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental
effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the District Engineer notice that they intend to provide substantive,

10

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site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
£ Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
14
0 supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
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or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
IN NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District Engineer
will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers
to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in
the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
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(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site, unless
the activity is part of a larger system designed to manage water flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to

13
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i
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
0 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
x
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Ell
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best Manakennent Practices (BMPs): BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
affect the limits on a development.
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u
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Frhige: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodtivay: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss o ivaters o the US: Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or

16

change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for a
NWT; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland: An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. The term "open water" includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial Strewn: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NyVPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Rifle 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.
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Single and Complete Project: The term "single and complete project" is defined at 33 CFR
330.2(1) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stornnvater Management: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Buff: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in

18
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conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
M 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.
Materbody: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters
are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated
waters, applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters"
(HQW) (as defined by the North Carolina Division of Water Quality), or "Inland Primary
Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources Commission), or
contiguous wetlands (as defined by the North Carolina Division of Water Quality), or "Primary
Nursery Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries).
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2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (LAMA), must also obtain the required CAMA permit. Construction
activities may not commence until a copy of the approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box
1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the applicant
shall furnish a written statement of compliance with all of the conditions listed of the applicable
NWT.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Boas
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe Burke

Avery Yancey
Caldwell Wilkes
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Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
IN Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand should
be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
( loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization,
filter cloth must be placed underneath the riprap as an additional requirement of its use in North
Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
u Roadway
Approach Fill
HankfBll
Culvert buried
below streambed
to appropriate
Steam depth
Bottom
ui?i
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
3. Additional Regional Conditions Applicable to this Nationwide Permit
a. Discharges in wetlands and in perennial streams for stormwater management facilities are
prohibited under this NWP.
b. Single-family recreational facilities are not authorized under NWP 39.
Recreational facilities, if they are incorporated into and serving an entire residential, commercial,
or institutional development, can be authorized by this NWP.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
13 GS3362
1. Enumerating and Reporting of Impacts:
a. Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or temporary
stream impacts shall be enumerated on the entire project for all impacts regardless of which 404
Nationwide Permits are used. Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of use of stream
functions including but not limited to filling, relocating, flooding, excavation, dredging and
complete shading shall be considered stream impacts. Enumeration of impacts to streams shall
include streams enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only used for a road,
driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam
footprints and flooding will count toward the threshold for stream impacts, but flooding upstream
0 of the dam will not (as long as no filling, excavation, relocation or other modification of the
existing stream dimension, pattern or profile occurs) count towards mitigation.
b. Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire
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project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that
results in a loss of use of wetland functions including but not limited to filling, excavating,
draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands
shall include activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.
13 c. Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by
the Division of Water Quality shall be measured as area. Permanent and/or temporary water
impacts shall be enumerated on the entire project for all impacts proposed regardless of which
404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts. Application
Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require
a complete application and written concurrence to use this Certification:
Total stream impacts of greater or equal to 150 cumulative feet of stream length for the
entire project require written notification to and approval by the Division of Water Quality,
and/or
Impacts to waters of equal to or greater than 1/3 of an acre require written notification to
and approval by the Division of Water Quality, and/or Wetland impacts of greater or equal to 1/3
of an acre east of I-95 and 1/10 of an acre west of I-95 require written notification to and
approval by the Division of Water Quality except as specified below. Any impacts to wetlands
adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North
Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well
as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written
concurrence from the Division of Water Quality to use this Certification. These thresholds apply
for the entire project regardless of the number of Nationwide Permits applicable to the
Certification that are issued by the USACE for the project;
Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies
of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of
Engineers. A formal application and fee is not required unless DWQ decides that an Individual
Certification will be required for the project. In this case, the applicant will be notified in writing
from DWQ within 30 days of the receipt of the written notification.
Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B.0101(e)(7) as Unique Wetlands (UWL) shall require written
concurrence from the Division of Water Quality;
2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence for this Certification from DWQ in accordance with
15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for
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written concurrence under this Certification. New development activities located in the protected
50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance
9 with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
eft practicable through the use of best management practices;
3. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case-by-case basis for projects that have or are anticipated
to have impervious cover of greater than 30 percent. Site-specific stormwater management shall
be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best
Management Practices manual at a minimum. Additionally, in watersheds within one mile and
draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive
waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and
outstanding resource waters (ORW), the Division shall require that extended detention wetlands,
bio-retention areas, and ponds followed by forested filter strips (designed according to latest
version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part
of the stormwater management plan when a site-specific stormwater management plan is
required. For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in
addition to that required in this General Certification. Alternative designs may be requested by
the applicant and will be reviewed on a case-by-case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing
state stormwater programs including appropriate local programs are sufficient to satisfy this
Condition as long as the stormwater management plans meet or exceed the design requirements
specified in this condition. This condition applies unless more stringent requirements are in effect
from other state water quality programs.
Unless specified otherwise in the approval letter, the final, written stormwater management
plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the
impacts specified in this Certification occur.
The facilities must be designed to treat the runoff from the entire project, unless otherwise
explicitly approved by the Division of Water Quality.
Also, before any permanent building or other structure is occupied at the subject site, the
facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the
stormwater management plan (as approved by the Wetlands Unit) shall be implemented.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage
patterns must be maintained in perpetuity.
No changes to the structural stormwater practices shall be made without written authorization
rIIJ
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from the Division of Water Quality.
4. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts equal to or exceeding 150 feet and that require application to DWQ
in watersheds classified as ORW, HQW, Tr, WS-I and WS-II;
5. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for
a 401 Water Quality Certification must include the appropriate fee. If a project also requires a
CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the
two fees;
6. In accordance with 15A NCAC 211.0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire
project. For linear public transportation projects, impacts equal to or exceeding 150 feet per
stream may require mitigation. In addition, buffer mitigation may be required for any project with
Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer
impacts resulting from activities classified as "allowable with mitigation" within the "Table of
Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination
of buffer, wetland and stream mitigation requirements shall be made for any Certification for this
Nationwide Permit. The most current design and monitoring protocols from DWQ shall be
followed and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved by
DWQ in writing before the impacts approved by the Certification occur, unless otherwise
specified in the approval letter. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public road projects,
the mitigation plan must be implemented before the road is opened to the traveling public. Please
note that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used
as compensatory mitigation for the impacts resulting from the relocation;
7. For any project involving re-alignment of streams, a stream relocation plan must be included
with the 401 application for written DWQ approval. Relocated stream designs should include the
same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the
existing channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and
should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated
buffer on both sides of the relocated channel to the maximum extent practical. A transitional
phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks,
concrete, gabions or other hard structures may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any
calculations used to determine the extent of rip-rap coverage requested. If suitable stream
mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please
note that if a stream relocation is conducted as a stream restoration as defined in The Iwernal

25

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Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used
as compensatory mitigation for the impacts resulting from the relocation;
8. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless it
can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required
to provide evidence that the equilibrium shall be maintained if requested to do so in writing by
DWQ. Additionally, when roadways, causeways or other fill projects are constructed across
FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided
to maintain the natural hydrology of the system as well as prevent constriction of the floodway
that may result in aggradation, degradation or significant changes in hydrology of streams or
wetlands;
9. That appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices)
shall be in full compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to assure compliance
with the appropriate turbidity water quality standard;
10. All sediment and erosion control measures placed in wetlands and waters shall be removed
and the original grade restored within two months after the Division of Land Resources has
released the project;
11. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
12. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;

13. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
14. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable without
requiring additional impacts to wetlands, waters or buffers if required to do so in writing by
DWQ. For road construction purposes, this Certification shall only be utilized from natural high
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ground to natural high ground;
15. Deed notifications or similar mechanisms shall be placed on all lots with remaining
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
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Consistent.
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification
letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format
can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
DWQ shall be sent copies of all deed restrictions applied to these lots;
16. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
17. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 39, whichever is sooner.
FAJ-i
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NATIONWIDE PERMIT 33
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
JANUARY 15, 2002
Temporary Construction, Access and Dewatering: Temporary structures, work and
discharges, including cofferdams, necessary for construction activities or access fills or
dewatering of construction sites; provided that the associated primary activity is authorized by
the Corps of Engineers or the U.S. Coast Guard (USCG), or for other construction activities not
subject to the Corps or USCG regulations. Appropriate measures must be taken to maintain near
normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a
manner, that will not be eroded by expected high flows. The use of dredged material may be
allowed if it is determined by the District Engineer that it will not cause more than minimal
adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or
dredged material returned to its original location, following completion of the construction
activity, and the affected areas must be restored to the pre-project conditions. Cofferdams cannot
be used to dewater wetlands or other aquatic areas so as to change their use. Structures left in
place after cofferdams are removed require a section 10 permit if located in navigable waters of
the United States. (See 33 CFR part 322). The permittee must notify the District Engineer in
accordance with the "Notification" general condition. The notification must also include a
restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic
resources. The District Engineer will add special conditions, where necessary, to ensure
environmental adverse effects is minimal. Such conditions may include: Limiting the temporary
work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan;
and requiring alternative construction methods (e.g., construction mats in wetlands where
practicable.). (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. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound water.
Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a'study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate
Federal agency, with direct management responsibility for such river, has determined in writing
that the proposed activity will not adversely affect the Wild and Scenic River designation, or
study status. Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service,
Bureau of Land Management, U.S. Fish and Wildlife Service).
S. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality.
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a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
TIN
USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of
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the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfins.noaa.gov/prot
res/overview/es.html respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
following information:

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7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
3. Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional General
Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(o);
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
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8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
spouse;
of the permittee;
1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
ii. A statement that the single-family housing activity is for a personal residence
iii. A description of the entire parcel, including its size, and a delineation of
5
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wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
Ll iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five-year (or less) maintenance plan. In addition, the PCN must include all of the
following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NW 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
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non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWT, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NW, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
1.
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the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
a PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engineer must review the plan within 45 days of receiving a complete PCN and
determine whether the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then the District Engineer will notify the applicant either:
1. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
3. that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of
the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental
0 effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted

N
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a to telephone or fax the District Engineer notice that they intend to provide substantive,
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
M agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.

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17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District Engineer
will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers
to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in
the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
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will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
j buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
?j native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
FJ redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site, unless
the activity is part of a larger system designed to manage water flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.

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While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
a. Except as noted below, discharges of dredged or fill material into waters of the US
LN are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
a threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
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into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
a For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best Management Practices (BMPs): BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
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affect the limits on a development.
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
Ephemeral Stream: An ephemeral stream hasflowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farn: Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodway: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss of tivaters of the US. Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
14

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fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for a
NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Medand: An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. The term "open water" includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
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Single and Coniplete Project: The term "single and complete project" is defined at 33 CFR
330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stormwater Mana e,?: 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 Managentent Facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal lVetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Buff: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural Ian
d.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
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and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallotivs: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
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: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition, the applicant
must furnish a written statement of compliance with all of the conditions of the applicable
Nationwide Permit. The North Carolina designated haters that require additional notification
requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as
defined by the North Carolina Division of Water Quality), or "Inland Primary Nursery Areas"
(IPNA) (as defined by the North Carolina Wildlife Resources Commission), or contiguous
wetlands (as defined by the North Carolina Division of Water Quality), or "Primary Nursery
Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries).
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2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities may not commence until a copy of the approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box
1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the applicant
shall furnish a written statement of compliance with all of the conditions listed of the applicable
NWP.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Boas
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
8
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe Burke
Avery Yancey
Caldwell Wilkes
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Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand should
be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank
stabilization, filter cloth must be placed underneath the riprap as an additional requirement of its
use in North Carolina waters.
1 e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Roadway
Approach Fill
Bankfull
Culvert buried
below streasnbed
to appropriate
Steam depth
Bottom

bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
The required restoration plan must include a timetable for restoration activities.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GC3366
1. These activities do not require written concurrence from the Division of Water Quality as long
as they comply with all conditions of this General Certification. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are required.
Also, Condition No. 2 is applicable to all streams in basins with riparian area protection rules;
2. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence from DWQ in accordance with 15A NCAC
2B.0200. Activities listed as "exempt" from these rules do not need to apply for written
concurrence under this Certification. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico,
Randleman and Catawba River Basins shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 213 .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices;
3. Appropriate sediment and erosion control practices which equal or exceed those outlined in
the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices)
shall be in full compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to
assure compliance with the appropriate turbidity water quality standard;
0
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4. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the original grade restored within two months after the Division of Land Resources has released
the project;
5. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
6. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless it
can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested in writing by
DWQ. Additionally, when roadways, causeways or other fill projects are constructed across
FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided
to maintain the natural hydrology of the system as well as prevent constriction of the floodway
that may result in aggradation, degradation or significant changes in hydrology of streams
or wetlands;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. All temporary fill shall be removed to the original grade after construction is complete and the
site shall be stabilized to prevent erosion;
9. Pipes shall be installed under the road or causeway in all streams to carry at least the 25 year
storm event as outlined in the most recent edition of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" so as not
93 to restrict stream flow during use of this Certification;
10. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for
written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, one payment to both agencies shall be submitted and will
be the higher of the two fees;
11. Additional site-specific conditions may be added to projects for which written concurrence is
required or requested under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
12. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of these corresponding Nationwide and Regional General Permits, whichever is sooner;
21
111
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13. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
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BRIGADE COMBAT TEAM COMPLEX

FORT BRAGG. NORTH CAROLINA

U. S. ARMY ENGINEER ICT
CORPS OF ENGINEERS NEERS
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PROGRAM
INVOICE
December 2, 2005
DWQ#: N/A
COB#: 200501095
Fort Bragg - Gregory Bean
Headquarters Fort Bragg Garrison Command (ABN)
Building 3-163 Butner Road
Fort Bragg, NC 28310-5000
Project: Fort Bragg Brigade Combat Team County: Cumberland
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fez to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 211.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Carol Shaw at 919-733-5205.
Riparian Wetlands 0.25 acres x $ 26,246.00 - $ 6,561.50
Non-Riparian Wetlands 0 acres x $ 13,123.00 - $
Saltivater Wetland 0 acres x $131,230.00 $
Stream 368 linear feet x $ 219.00 - $80,592.00
Buffer - Zone 1 0 square feet x $ .96 $
Buffer - Zone 2 0 square feet x $ .96 $
Total amount of payment $87,153.50
Please mail a check madz payable to
North Carolina Ecosystem Enhancement Program for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
-from the permitting agencies stating that-the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
)DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Liliette Granade, USACE - Wilmington

rJJ1
... E ... PYotwd" Our State
North Carolina Ecosystem Enhancement program, 1652 Mail Service Center, Raleigh, NC 27699.1652 / 919.715-0476 / www.nceep.net

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PROGRAM
RECEIPT
December 2, 2005
DWQ #: N/A
COE #: 200501095
Fort Bragg - Gregory Bean
Headquarters Fort Bragg Garrison Command (ABN)
Building 3 -163 Butner Road
Fort Bragg, NC 28310-5000
Project: Fort Bragg Brigade Combat Team County: Cumberland
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $87,592.00, check
number 1007, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404
Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone I Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold C001 Warm
Cape Fear 0.04 0 0 0 368 0 0 0
03030004

Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely, S, r
rliam Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Lillette Granade, USACE - Wilmington
Ken Averitte, DWQ Regional Office - Fayetteville
File
R eS DYlA'L?... ?l?'?2R,GLGf.?L9... PrO t" Oar
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OUR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NO 27699-1652 / 919-715-0476 / www.nceep.net
u
Triage Check List
Date: 6111i/G? Project Name: 1-Q,--? 13r / low
DWQ#: 05'
County: C V?'_ ?a-/a_,/
To: ? ARO Kevin Barnett ? WaRO Kyle Barnes
FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
? MRO Alan Johnson/Barry Love ? WSRO Daryl Lamb
? RRO Eric Kulz
From: Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
?Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: A i-
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BURGESS & NIPLE
F1 Burgess & Ni p
le, Inc.
MAY 2 5 2006 12700 Black Forest Lane, Ste. 100
Woodbridge, VA 22192
DENR - WATER QUALITY
WETLANDS AND STO RIMATER BRANCH 703 670.6400
Fax [phone]
LETTER OF TRANSMITTAL
TO: Division of Water Quality
401/Wetlands Unit
Attn: John Dorney
1650 Mail Service Center
Raleigh, NC 27699-1650
WE ARE SENDING YOU:
DATE: May 24, 2006 JOB NO.: 41444
RE: Nationwide Permit 39/33
Brigade Combat Team Complex (BCT)
Cumberland County
Fort Bragg, NC 28310
DWQ # 2005-1455
COE #200510195 „
U
® Attached ? Under separate cover via the following items:
? Shop drawings ? Prints ? Plans ? Samples ? Specifications
? Copy of letter ? Change order ?
COPIES DATE NO. DESCRIPTION
1 5/24/2006 41444 Response Letter
THESE ARE TRANSMITTED:
® For Approval ? Approved as submitted ? Resubmit copies for approval
? For your use ? Approved as noted ? Submit copies for distribution
? As requested ? Returned for correction ? Return corrected prints
? For review and comment ?
REMARKS: Seven copies of the PCN was submitted to the Division of Water Quality. Please contact
me at 703-670-6400 or at [e-mail] with any questions or comments.
File; Lillette Granade - USACE; John Dorney
- DENR; Ken Avcritte - DENR; Cyndi Karoly
DENR; Catherine Applegate - Savannah
District COE-, Colonel Mark Held - Savannah
District COE; Gregory Bean - Directorate of
Public Works; Erich Hoffman - Directorate of
Public Works-, Kay Lantrip- Archer Western;
COPY TO: Craig Galant - B&N SIGNED: r1lij,41,411.
sA1K,s(3'n'AU-stit7, nviron °nta cientist
0A1 'R4144411[N R1d(wVPAltraromitta1A)ornry_ATI_LOT_5-24-u6.doc
If enclosures are not as noted, kindly notify us at once.
US Army Corps of Engineers Re
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28402-1890
May 19, 2006
Nationwide Permit 39/33
Brigade Combat Team Complex (BCT)
Cumberland County
Fort Bragg, NC 28310
DWQ #2005-1455
COE #200510195
Dear Colonel Pulliam:
Burgess & Niple, Inc.
12700 Black Forest Lane This letter is written in response to the Memorandum for Colonel Al Aycock dated April
site 100 21, 2006 regarding the referenced permit.
Woodbridge, VA 22192
703 670.6400 COMMENT #1: Submit as-built surveys of both road crossings.
Fax [phone]
RESPONSE: As-built surveys of Impact Area A1, also known as the bottomless
culvert, and Impact Area A2, also known as the twin culverts is
included as Attachment 1. Impact Area Al was permitted for
0.02 acres of Palustrine Forested Impact (PFO) and 0.00 If of
perennial stream. Due to the unsuitable soil material within the
culvert area, soil was removed and replaced with materials
appropriate to support the culvert foundation and roadway above.
The drainage feature contours were affected during this cut and
fill. This area was surveyed by McKim and Creed on April 6,
2006. The surveyed location along the centerline of the drainage
feature at the bottomless culvert shows the total linear footage of
impact as 1001f. Impact Area A2 was also surveyed by McKim
and Creed on April 6, 2006. The surveyed location along the
centerline of the stream at the twin culverts shows the total linear
footage of impact is 143 linear feet (if). The 1431f includes length
of culvert, headwall, and associated rip-rap at both ends of the
culvert. Impact Area A2 is permitted for 1441f of impact, therefore
no further work is proposed for this location.
COMMENT #2: Submit an application for an after-the-fact NWP 39. The
after-the-fact NWP 39 will address the linear feet of stream
impacts, approximated to be 112, impacted by the bottomless
culvert structure. The actual length will be determined by the
as-built survey and should be measured from inlet flare to
outlet flare. Compensatory mitigation is required for this
additional impact and should be included in the after-the-fact
NWP 39 application. Payment to the NC Ecosystem
Enhancement Program is acceptable.

1 9 1

IN
Page 2
RESPONSE: An after-the-fact NWP 39 application dated May 29, 2006 is being
forwarded under the same cover as this response letter. This
application addresses the 100 If (see response to Comment # 1) of
impact resulting from the bottomless culvert structure.
Compensatory mitigation is offered for this impact in the form of
on-site restoration. On-site restoration is commonly thought to be
an ecologically preferable alternative to off-site or restoration fund
donations as the restoration takes place in close hydrologic
proximity to the impacts and provides additional ecosystem
continuity, and can be viewed as a form of impact minimization.
The applicant proposes on-site restoration instead of Ecosystem
Enhancement Program (EEP) donation for 100 If of reported
drainage feature impacts at Area A 1 (Bottomless Culvert).
Restoration contours will re-establish the function of the stream
with a new channel that is in line with the contour drainage feature
and takes into account the native soil type. No vegetative
plantings will be proposed since the permitted culverting would
naturally prohibit the light necessary for plant growth and due to
the very small drainage area (1.6 acres) no hydrologic compromise
of the new contours is anticipated. We propose to return the
drainage feature back to what the issued permit allowed. Drawings
detailing the restoration plan for the bottomless culvert are
included in Attachment 2.
I
COMMENT #3: Submit a remediation plan that addresses (1) the restoration of
remaining impacted jurisdictional areas above and/or below
the bottomless culvert structure and (2) the restoration of
impacted jurisdictional areas at the culvert road crossing,
which exceeded the 144 linear feet of impacts verified by your
29 November 2005, permit.
RESPONSE: The permitted project included a total of 0.02 acres of forested
wetland impacts, which at a 2:1 mitigation ratio required 0.04 acre
of forested wetland purchase from Ecosystem Enhancement
Program (EEP). EEP only sells wetland mitigation credits in 0.25
acre increments. The Fort Bragg BCT complex purchased 0.25
PFO wetland mitigation credits, which provides the project a credit
balance of 0.21 acres. The applicant proposes to use this credit as
mitigation for the removal of approximately 0.02 acre of riparian
vegetation along the downstream bottomless culvert area. In
addition, the majority of this area will be incorporated into the
onsite mitigation plan discussed in response to comment #2. The
receipt for the 0.25-acre wetland purchase from EEP is included as
Attachment 3. Upstream of the bottomless culvert area was
determined through the as-built to be a non-impacted area,
therefore a restoration plan is not included for this area.
i?J
1
0
Page 3
The twin culvert area, known as Impact A2, was surveyed and
determined through the as-built (as discussed above) as not
exceeding the 144 linear feet of impacts as verified by the
November 29, 2005 permit. Therefore, a restoration plan is not
proposed for this location.

L1
COMMENT #4: Field observations indicate that the invert of the traditional
twin culverts, are not buried to the appropriate depth.
Regional Conditions of N`VP 39 require, "Culvert inverts will
be buried at least one foot below the bed of the stream for
culverts greater than 49 inches in diameter." Should the as-
built survey verify that the culverts were not installed at the
appropriate depth, include in your remediation plan submittal
a proposal for correcting this instillation error.
RESPONSE: Regional Conditions of the NWP 39 requires that "culvert inverts
will be buried at least one foot below the bed of the stream for
culverts greater than 48 inches in diameter." Area A2, also known
as the twin culverts, was surveyed on April 6, 2006 as shown in
Attachment 1. This as-built details the culverts in profile showing
that the pipes were buried one foot below the bed of the stream as
required by the NWP 39 regional conditions. Rip rap at the inlet
and outlet will be raised approximately one foot at the inlet and 4
feet at the outlet in order to encourage natural material along the
flow lines of the pipe. The design plan for the twin culverts called
for rip rap at the inlet and outlet to be flush with pipe. However, at
the time of the onsite inspection, construction was not complete at
this location. Final design of the twin culverts is illustrated in
Attachment 4.
Feel free to contact either myself or Lori Whitacre at [phone] or via e-mail at
[e-mail] or [e-mail]. Thank you in advance for your time.
Sincerely,
Allison Austin
Environmental Scientist
Enclosures
cc: John Dorney, North Carolina DENR Division of Water Quality
Ken Averitte, NCDENR Water Quality Section
Cyndi Karoly, Division of Water Quality
}

Page 4
Mr. Ken Jolly, USACE
Ms. Lillette Granade, USACE
Catherine Applegate, Savannah District Army Corps of Engineers
Colonel Mark Held, Savannah District Army Corps of Engineers
Gregory Bean, Directorate of Public Works
Camille Cole, Directorate of Public Works
Kay Lantrip, Archer Western, Inc.
Craig Galant, Burgess & Niple, Inc.
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SDATf{ - SYMBOL DESCRIPTION
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December 2, 2005
DWQ#: N/A
Fort Bragg - Gregory Bean COE#: 200501095
Headquartcrs Fort Bragg Garrison Command (ABN)
Building 3-163 Butner Road
Fort Bragg, NC 28310-5000
Project: Fort Bragg Brigade Combat Team County: Cumberland
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 214.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Carol Shaw at 919-733-5205.
Riparian Wetlands 0.25 acres x $ 26,246.00 _ $ 6,561.50
Non-Riparian Wetlands 0 acres x $ 13,123.00 _ $
Saltwater Wetland 0 acres x $131,230.00 - $
Stream 368 linear feet x $ 219.00 - $80,592.00
Buffer -Zone 1 0 square feet x $ ,96 $
Buffer - Zone 2 0 square feet x $ .96 = $
Total amount of payment $87,153.50
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
-from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
)DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Lillette Granade, USACE - Wilmington
L

••. ... Proftzti' tq Oar Stag
North Carolina Ecosystem Enhancement program, 1652 Mail Service Center, Raleigh, NC 27699-16521919.71,5-0476 / www.nceep.net

s
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PROGRAM
Fort Bragg - Gregory Bean
Headquarters Fort Bragg Garrison Command (ABN)
Building 3 -163 Butner Road
Fort Bragg, NC 28310-5000
RECEIPT
December 2, 2005
DWQ #: NIA
COE #: 200501095
o Project: Fort Bragg Brigade Combat Team County: Cumberland
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $87,592.00, check
number 1007, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404
Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC bepartment of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.

River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq, Ft.) (Sq. Ft.)
Ri arian Non-Riparian Coastal Marsh Cold Coo! Warm
Cape Fear 0.04 0 0 0 368 0 0 0
03030004
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
rliam Gilmore, PE
cc: Cyndi Karoly, Wetlands/401 Unit Director
Lillette Granade, USACE - Wilmington
Ken Averitto, DWQ Regional Office - Fayetteville
File
E ... Prot" Ot w
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CC'DIE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NO 27699-1652 / 919-715-0476 / www.nceep.net
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OS- ?4SS V3
NATIONWIDE PERMIT # 39
FOR
FORT BRAGG BRIGADE COMBAT TEAM COMPLEX
CUMBERLAND COUNTY, NORTH CAROLINA
PREPARED FOR:
Gregory Bean
Department of the Army
Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
a Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
PREPARED BY:
BURGESS & NIPLE, INC.
12700 BLACK FOREST LANE, SUITE 100
WOODBRIDGE, VA 22192
MAY 2006
B&N PROJECT No. 41444
F-1 F1
BURGESS & NIPLE
LI
5 2006
MAC 2
DEpg ?? Sj??Pyp1ER e?ct?

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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. D S - 14S S y3
(It any particular item is not appiicanic to tnis project, picase enter nut Appi?cau?c u, L.,n i
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #39 (verified)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
D `c
II. Applicant Information
1. Owner/Applicant Information MAY 2 r 7006
Name: Department of the Army
Mailing Address: Department of Public Works (IMSE BRG PW) DVr44 O.AbtY
Headquarters Fort Bragg Garrison Command (ABt
Installation Management Agency
Building 3-1631 Butner Road
Fort Braes NC 28310-5000
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Gregory [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Allison Austin
Company Affiliation: Burgess & Niple
Mailing Address: 12700 Black Forest Lane
Suite 100
Woodbridge VA 22192
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page I of 9
Ci
III. Project Information
3
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fort Braga Brigade Combat Team (BCT) Complex
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN): NA
4. Location
County: Cumberland County Nearest Town: Fayetteville, NC
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take
All-American Expressway north to Reilly Road heading north approximately 2 miles. The
project area is on the left hand side bound by Butner Road to the north and Reilly Road to the
east, Longstreet Road to the south and Tank Creek to the west.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
UTM: X:681218 Y: 3891871
6. Property size (acres): The area proposed for the BCT Complex is approximately 136 acres.
7. Name of nearest receiving body of water: McFayden Pond
8. River Basin: Upper Cape Fear (Cataloging Unit 03030004)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hh2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been under construction for the Fort Bragg
Brigade Combat Team (BCT) Complex since October 2005. The site consists of modular
buildings designed to house troops mess-hall facilities exercise facilities, roads, and utilities.
The area surrounding the BCT is used for military base facilities.

Pa-e 2 of 9
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10. Describe the overall project in detail, including the type of equipment to be used: The
proposed Modularity Development Plan is intended to support a military population of
approximately 3,500 active-duty military personnel and consists of two components. The
Temporary Stationing Plan will construct temporary facilities until a permanent stationing
decision is made by the Army. If there is no longer a requirement for the temporary
facilities they will be removed The first Phase of the Temporary Stationing Development
Plan is scheduled to provide facilities and support elements with a goal of functionality
during the spring of 2006
11. Explain the purpose of the proposed work: In response to the Army's transformation
initiative a new Unit of Action (UA) will be temporarily stationed at Fort Brae, effective
June 2006 The purpose of the project is to support the UA that has been assigned to Fort
Bragg The UA would consist of approximately 3,500 soldiers and their associated
equipment.
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Jurisdictional Determination OD) for the Wetland Delineation,
Action ID Number is 2005-00238 The wetland plats were signed on December 13, 2004 by
Lillette Granade USACE Wilmington District. A Nationwide 39 and 33 permit was obtained
through COE (Action ID 200501095) issued on November 29, 2005 and DWQ (20051455)
issued on December 5 2005 The application date was July 20 2005. The Nationwide 39
permit was issued for 0.02 acres of PFO wetland impact and 184 linear feet of perennial stream
impact The Nationwide 33 permit was issued for 0.07 acres of temporary PFO wetland impact
and 170 linear feet of temporary perennial stream impact. Mitigation was obtained at a 2:1 ratio
through the Ecosystem Enhancement Program (EEP) for 0.25 acres (0.02 acre impact) of PFO
wetland and 368 linear feet (184 If of impact) of stream.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NA
Page 3 of 9
0
VI. Proposed Impacts to Waters of the United States/Waters of the State
ra It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The project under a Nationwide 39, proposes an after-the-fact hermit modification for
impacts to a stream feature resulting from a road crossing and placement of a bottomless
culvert (Area A 1).
On-site mitigation is commonly hought to be an ecologically preferable alternative to off-
site or restoration fund donations as the mitigation takes place in close hydrologic proximity
to the impacts and p ovides additional ecosystem continuity, and can be viewed as a form of
a impact minimization The applicant proposes on-site mitigation instead of EEP donation for
100 if of reported stream feature impacts at Area Al (Bottomless Culvert). The stream
feature which was to be avoided by the use of the bottomless culvert, will be restored to
preconstruction contours No vegetative plantings will be proposed since the permitted
culverting would naturally prohibit the light necessary for plant growth. We propose to
return the stream feature back to what the issued permit allowed. A stream restoration plan
including cross-sections is included
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Nationwide 39
Located within Distance to Area of
Wetland Impact Type of wetland 100-year Nearest Impact
Site Number Type of Impact (e. forested, marsh,
g" Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (es/no) (linear feet)
NA NA NA NA
NA NA
NA NA NA NA
NA NA
Total Wetland Impact (acres) NA
0
Page 4 of 9

2. List the total acreage (estimated) of all existing wetlands on the property: 6.53
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
NATIONWI DE 39
Stream Impact
Perennial o Average Impact Area of
Number Stream Name Type of Impact f
ntermittent'
I Stream Width Length Impact
(indicate on ma) . Before Impact (linear feet) (acres)
2-4 feet
Al Tank Creek Road Crossing Perennial 100 <0.01
(permanent) Stream
TOTAL PERMANENT STREAM IMPACT (BY LENGTH AND ACREAGE) 100 <0.01
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
NWP 39
Stream Impact (acres) <0.01
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U.S. (acres) <0.01
Total Stream Impact (linear feet) 100
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA

Page 5 of 9

7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
ca techniques to be followed during construction to reduce impacts.
The concept design site layout was geared towards minimizing and avoiding wetland areas and
streams associated with the Tank Creek Watershed. The project was permitted in November
2005, with permanent impacts of 0.02 acres of wetland and 184 linear feet of stream. Temporary
impacts were permitted at 0.07 acres of wetland and 170 linear feet of stream.
The area identified in the previous permit as Impact Area A 1 (bottomless culvert) was permitted
for 0.02 acres of wetland and 0.00 if of stream Due to the unsuitable soil material within the
culvert area soil was removed and replaced with materials appropriate to support the culvert
foundation and roadwav above. The drainawe_feature contours were affected during, this cut and
fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
Q Page 6 of 9
JL
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
littp•Hli2o.enr.state.ne.us/ncwetlands/strm.ide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A Restoration Plan for the NW39- Modification is discussed in Section VI-1 above.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
® public (federal/state) land? Yes X No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes X No ?

Page 7 of 9

3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No X
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba) NA
2 1.5 NA
Total NA NA
Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)

Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious area is minimal and exists
in the northeast area of the project site, surrounding the horse stables. Impervious area is
anproximately 5 acres. Proposed impervious area for tile final site design is 44-acres which is
approximately 32% of the total site.
Page 8 of 9

UIF
I.-
XIL Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All sewage will be directed to the Fort Bragg waste water sewage treatment facility located on
Post
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes X No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our wcbsite at
http://112o.enr.stale.nc.us/ncwetlands. If no, please provide a short narrative description: The
site design for the BCT Complex is a temporary stationing facility for troops, the lifesnan of the
buildings is six to ten years or when the Army makes a permanent stationing decision. Any
future development of the site and impact to downstream water quality is out of our prevue at
this time.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
7
N

I

Ap icant/Agent's Signature Dale
(Agent's . nature is valid only if an authorization letter from the applicant is provided.)
Page 9 ot9
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U.S. ARMY CORPS OF ENGINELI4-S
WILMINGTON DISTRICT
Action Id. 200500238 County: Cumberland U.S.G.S. Quad: Overhills
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: XIH Airborne Corps & Fort Bragg Agent: Rahlff Ingle
Attn: F,rich Hoffman Dial Cordy and Associates, Inc.
Address: AFZA-PW-N 201 N. Front Street, Suite 601
Fort Bragg, NC 28310 Wilmington, NC 28401
Telephone No.: [phone] [phone]
Property description:
Size (acres) 460 acres Nearest Town Fort Braeg
Nearest Waterway Tank Creek River Basin Cape Fear River
USGS HUC Coordinates N 35.1571 W 79.0109
Location description The property is located adiacent to Tank Creek, south of Hurst Drive, north of Sicily Drive, in an
area referred to as the North and South Tank Creek Area, in Fort Brag11, Cumberland County, North Carolina.
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
-under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part•331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law oi-
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® X There are wetlands on the above described property 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and:or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corp,
Regulatory Official identified below on December 13, 2004. Unless there is a chance in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to determine
their requirements.
1 Page 1 of 2

1 Action ID:
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Lillette Granade at [phone].
Basis For Determination: This site exhibits wetland criteria is described in the 1987 Corns Wetland Delineation Manual
ind is adiacent to Tank Creek a tributary of the Little River, which is a tributary of the Cane Fear River, a navigable
water of the US Determination is based on information provided by Rahlff Ingle of Dial Cordy and Associates, Inc.
and a field visit by Lillette Granade on November 8, 2004.
Remarks:
Corps Regulatory Official:
Date December 13, 2004 Expiration Date December 13, 2009
Corps Regulatory Official (Initial): ?rlkd
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
I transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
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Applicant: XIII Airborne Corps & File Number: 200500238 Date: December 13, 2004
Fort Bra _-
At tached is: a signed wetland delineation See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SLC?CU;Tr`Tlie, flloyririgiclenifiesyoui,ng?s artcj o?it,ons%xcgatdtflg anzadilnt5lr` it?;c ajij?cal of the al?ovc ,

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dcots ?oii????d?ttiotlzl ?nforir?atto>iRu?ay?be>Poui'd at http llw? w ttsa'caatt?i niiUiiletJiiu ctionslcw/cecwo/re`s or
sire ulattotis'at 33Ci R '?part`331
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) nmodify 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, time 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
1 and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
tttis notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved,ID 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"
1 this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
'
the division engineer within
60 days of the date of this notice.
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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 ne x
information for further consideration by the Corps to reevaluate the JD.

SEG1a?1?ll RL r tJFS.Tr?iORvPPLAL o0BJEC 1'ION''T,,U ANSINI:I'IAL 1?;IZOFFI IZED'PFRIv1IT
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 elari fy
the location of information that is already in the administrative record.
POWOF11CONT'?CsTtFQRf `,t7ES,1?I.O?SQR?7NkORMATIOI
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
rocess
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will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in al I site
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Date: Telephone number:

® Signature of appellant or agent.
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 5, 2005
Alan W. Klimek, P.E. Director
Division of Water Quality
'DWQ Project # 20051455
Cumberland County
Mr. Gregory Bean
Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Subject Property: Brigade Combat Team Complex (BCT)
® Fort Bragg, NC
t? Approval of 401 Water Quality Certification with Additional Conditions, MODIFIED
Dear Mr. Bean:
1 You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise permanently impact 0.02 acres of wetlands, temporarily impact 0.07 acres of wetlands
and permanently impact 184 feet of streams and temporarily impact 170 feet of streams for the purpose of
constructing the Brigade Combat Team Complex (BCT) at the subject property, as described within your
application dated November 2, 2005 and received by the N.C. Division of Water Quality (DWQ) on
November 2, 2005 and a subsequent modification dated November 28, 2005 (received on November 29,
2005). After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3366 and 3402 (GC's 3366 and 3402). The Certification(s) allows you
to use Nationwide Permit(s).33 and 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or. CAMA
Permit. This Certification replaces one issued to you on November 14, 2005.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this. Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now'or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in I SA
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all ofthe other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
4010versi h N)?Op? Caro)] na
1650 Mal Servt/Express Review Permits Unit
Center, Raleigh, North Carolina 27699.1650 dVUllllYll?fJ
2321 Crabtrea Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone]/ Intomet: htta://h2o.enr.state.nc.us/ncwetlands
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Mr. Gregory Bean
Page 2 of 3
December 5, 2005
Amount Approved nits Plan Location or Reference
Stream (permanent) 2184 feet Site plan
Stream (temporary) 170 feet Site plan
404/LAMA Wetlands
(permanent) 0.02 (acres) Site plan
404/LAMA Wetlands
(temporary) 0.07 (acres) Site plan
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measure's for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts. depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any. subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
77.
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The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated November 2, 2005, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well
as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality. A
signed and notarized Operation and Maintenance Agreement as well as a planting plan for
these bioretention areas and wet detention ponds must be sent to DWQ within one (1)
month of the date of this Certification. The planting plan must include at least a minimum of
three tree species (2.5 inch caliper) and three shrub species (3 to 5 gallon size) with information
on planting schedule, specifications, quantities, spacing and similar information. These
Stormwater Best Management measures must be maintained in a well-functioning manner unless
the site reverts to natural (i.e., undeveloped) conditions.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct .
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
f;]

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Mr. Gregory Bean
Page 3 of 3
December 5, 2005
6. Written Stormwater Management Plan (No Further Approval Needed but additional information
needed)
If you. do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John DOrney or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910486-1541.
AWK/jrd
Enclosures: GC 3306 and 3402
u.

Certificate of Completion
Erich Hoffman, Wildlife Biologist, Department of the Army, Directorate of Public Works
(AFZA-PW.-NE), HQ, Fort Bragg Garrision Command (Abn), Installation Management Agency,
Fort Bragg, NC 28310
Lillette Granade, USACE Wilmingotn Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Allison Austin, Environmental Scientist, Burgess and Niple, 12700 Black Forest Lane, Suite 100,
Woodbridge, VA 22192
Filename: 20051455BrigadeCombatTe=Complex(Cumberland)401 Express
0
OF WA 'If Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q `C Alan W. Klimek, P.E. Director
Division of Water Quality
December 5, 2005
DWQ Project # 20051455
Cumberland County
Mr. Gregory Bean .
Department of Public Works (IMSE BRG PW)
Headquarters Fort Bragg Garrison Command (ABN)
Installation Management Agency
Building 3-1631 Butner Road
Fort Bragg, NC 28310-5000
Subject Property: Brigade Combat Team Complex (BCT)
Fort Bragg, NC
Approval of 401 Water Quality Certification with Additional Conditions, MODIFIED
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this. Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now?or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation maybe required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Dear Mr. Bean:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise permanently impact 0.02 acres of wetlands, temporarily impact 0.07 acres of wetlands
and permanently impact 184 feet of streams and temporarily impact 170 feet of streams for the purpose of
constructing the Brigade Combat Team Complex (BCT) at the subject property, as described within your
application dated November 2, 2005 and received by the N.C. Division of Water Quality (DWQ) on
November 2, 2005 and a subsequent modification dated November 28, 2005 (received on November 29,
2005). After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3366 and 3402 (GC's 3366 and 3402). The Certification(s) allows you
to use Nationwide Permit(s) 33 and 39 when issued by the US Army Corps of Engineers (USAGE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or. LAMA
Permit: This Certification replaces one issued to you on November 14, 2005.
1. Impacts Approved
The following impacts are hereby approved as long as all of•the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Nt`tttCarotna
4010versight/E?ress Review Permits Unit
lllCa,
650 Mail Service Center, Raleigh, North Carolina 27699.1650
321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
hone: 919-733-1786/ FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
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Mr. Gregory Bean
Page 3 of 3
December 5, 2005
6. Written Storniwater Management Plan (No Further Approval Needed but additional information
needed)
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated November 2, 2005, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well
as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality. A
signed and notarized Operation and Maintenance Agreement as well as a planting plan for
these bioretention areas and wet detention ponds must be sent to DWQ within one (1)
month of the date of this Certification. The planting plan must include at least a minimum of
three tree species (2.5 inch caliper) and three shrub species (3 to 5 gallon size) with information
on planting schedule, specifications, quantities, spacing and similar information. These
Stormwater Best Management measures must be maintained in a well-functioning manner unless
the site reverts to natural (i.e., undeveloped) conditions.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct .
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you. do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John DOrney or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910486-1541.
AWK/jrd
Enclosures: GC 3306 and 3402
cc:

`1
a
Certificate of Completion
Erich Hoffman, Wildlife Biologist, Department of the Army, Directorate of Public Works
(AFZA-PW-NE), HQ, Fort Bragg Garrision Command (Abn), Installation Management Agency,
Fort Bragg, NC 28310
Lillette Granade, USACE Wilmingotn Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Allison Austin, Environmental Scientist, Burgess and Niple, 12700 Black Forest Lane, Suite 100,
Woodbridge, VA 22192
Filename: 20051455BrigadeCombatTe=Complex(Cumberland)401 Express
is
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200501095 County: Cumberland U.S.G.S. Quad: Overhills
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Fort Brae Agent: Allison Austirr,
Attn: Grettory Bean Burttess & Ninle, Inc.
Address: Headquarters Fort Bratttt Garrison Command (ABN) 12700 Black Forest Lane, Suite 100
Building 3-1631 Butner Road Woodbridtte, VA 22192
Fort Brae, NC 28310-5000
Telephone No.: [phone] [phone]
Size and location of property (water body, road name/number, town, etc.): The proposed site for the Brigade Combat
Team (BCT) Comnlex is annroximately 136 acres in size and is located adiacent to an unnamed tributarv of Tank
AN Creek, iust east of McFayden Pond. The site is bordered by Butner Road on the north, on the east by Reilly Street,
and on the south by Lonttstreet Road, in Fort Bratttt, Cumberland County, North Carolina.
Description of project area and activity: (1) Dischartte of fill material into 0.02 acres of wetlands for the instillation of
a bottomless culvert footer, identified as crossintt Al on the site plan impact man. The bottomless culvert will
completely span the stream avoidintt any impacts to the stream at this road crossintt. (2) Dischartte of fill material
into 144 linear feet of stream for the construction of a road crossintt at A2. (3) Dischartte of fill material into 40
linear feet of stream for the enlarttement of the existintt crossintt at R1. (4) Temporary impacts to 0.03 acres of
wetlands and 100 linear feet of stream for the instillation of utility lines at crossintts T1, T3, T5, T6, T7, T8, T9,
T11, T12, and T13. (5) Temporary impacts to 0.04 acres of wetlands and 70 linear feet of stream for the
construction of two temporary construction access roads. Temporary impact B1 will be accomplished throutth the
use of timber matting, while temporary impact B2 will entail the use of a culvert and riprap.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: Nationwide Permit 39 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management 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 Lillette Granade at [phone].
Corps Regulatory Official ZyAolf? Date: November 29, 2005
Expiration Date of Verification: March 18, 2007
Page 1 of 3
I I
Action ID: 200501095 County: Cumberland USGS Quad: Overhills
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
SPECIAL CONDITIONS
(1) No work in wetlands will commence until the mitigation requirement for this permit has been met. For the
permittee to be in compliance with this condition, the Corps of Engineers must receive notification from the North
Carolina Ecosystem Enhancement Program that payment has been received for 0.04 acres of riparian wetlands
and 368 linear feet of perennial stream (a 2:1 mitigation ratio for the 0.02 acres of wetland and 184 linear feet of
stream impacts) at a site within the 03030004 Hydrological Unit Code.
(2) All wetlands temporarily impacted by the instillation of utility lines must be restored to preconstruction contours
and revegetated with a wetland vegetation seed mix. All stream banks temporarily impacted by the instillation of
utility lines must be restored to preconstruction contours. Coir fiber matting and a wetland seed mix must be used
for bank stabilization. No rip-rap may be used for bank stabilization at any time.
(3) Temporary construction access B 1 is authorized only for and during the construction of the pedestrian walk
bridge. Timber matting associated with this temporary impact must be removed within 1 week of completion of
the pedestrian walk bridge, and the impacted area restored with a wetland vegetation seed mix.
(4) Temporary construction access B2 must be removed within 1 week of completion of the road bridge at crossing
A4. In order to minimize impacts to the stream banks, rip-rap associated with this crossing must be installed and
removed by hand. Upon removal of the culvert and rip-rap, coin fiber matting and a wetland seed mix must be
used for bank stabilization. Any grading within the stream channel necessary to restore a stable slope must be
minimal and hand graded.
(5) All work authorized by this permit must be preformed in strict compliance with the approved plans. Any
deviation in the construction design plans shall be brought to the attention of the Corps of Engineers, Ms. Lillette
Granade, Wilmington Regulatory Field Office prior to any active construction in waters or wetlands and any
modification to the permit plans must be approved by the Corps of Engineers prior to implementation.
(6) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in
the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated
with the construction or maintenance of this project with a copy of this permit and any authorized modifications.
Copies of this permit and any modifications authorized by the USACE shall be available for review at the
construction site at all times. All violations, including non-compliance of these conditions, of the authorized
permit shall be reported to the District Engineer within 24 hours of the violation.
(7) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or
mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,
within waters or wetlands, or shall any activities take place that cause the degradation of waters or wetlands. In
addition, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction
or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within, into, or
out of waters or wetlands or to reduce the reach of waters or wetlands.
4i

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Page 2 of 3
0
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described
project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a
change in the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued December 13, 2004. Action ID 200500238.
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland
Delineation Manual and is adjacent to an unnamed tributary of Tank Creek, a tributary of the Little River, a
tributary of the Cape Fear River, a navigable water of the US. Determination is based on information provided by
Rahlff Inule, of Dial Cordy and Associates, Inc. and a field visit by Lillette Granade on November 8, 2004.
Corps Regulatory Official:
Date November 29, 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
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Page 3 of 3
f
Action ID Number: 200501095 County: Cumberland
Permittee: Fort Braj!j!
Date Permit Issued: November 29, 2005
Project Manager: Lillette Granade
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
REGULATORY FIELD OFFICE
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers
representative. If you fail to comply with this permit you are subject to permit suspension, modification, or
revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance with
the terms and condition of the said permit, and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee

HI

1,17

17
Date

NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
JANUARY 15, 2002
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill
Residential developments include multiple and single unit developments. Examples of
commercial developments include retail stores, industrial facilities, restaurants, business parks,
and shopping centers. Examples of institutional developments include schools, fire stations,
government office buildings, judicial buildings, public works buildings, libraries, hospitals, and
places of worship. The activities listed above are authorized, provided the activities meet all of
the following criteria:
material into non-tidal waters of the United States, excluding non-tidal wetlands adjacent to tidal
waters, for the construction or expansion of residential, commercial, and institutional building
foundations and building pads and attendant features that are necessary for the use and
maintenance of the structures. Attendant features may include, but are not limited to, roads,
parking lots, garages, yards, utility lines, stormwater management facilities, and recreation
facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an
integral part of the residential development). The construction of new ski areas or oil and gas
wells is not authorized by this nationwide permit.
A. The discharge does not cause the loss of greater than \1/2\ acre of non-tidal waters of the
United States, excluding non-tidal wetlands adjacent to tidal waters;
B. The discharge does not cause the loss of greater than 300 linear feet of a stream bed, unless
for intermittent stream beds this criterion is waived in writing pursuant to a determination by the
District Engineer, as specified below, that the project complies with all terms and conditions of
this nationwide permit and that any adverse impacts of the project on the aquatic environment are
minimal, both individually and cumulatively;
C. The permittee must notify the District Engineer in accordance with General Condition 13, if
any of the following criteria are met:
1. The discharge causes the loss of greater than \1/10\ acre of non-tidal waters of the United
States, excluding non-tidal wetlands adjacent to tidal waters; or
2. The discharge causes the loss of any open waters, including perennial or intermittent
streams, below the ordinary high water mark (see Note, below), or
l 3. The discharge causes the loss of greater than 300 linear feet of intermittent stream bed.
In such case, to be authorized the District Engineer must determine that the activity complies
Ell
d
with the other terms and conditions of the nationwide permit, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the
limitation on stream impacts in writing before the permittee may proceed:
D. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of affected special aquatic sites;
E. The discharge is part of a single and complete project;
F. The permittee must avoid and minimize discharges into waters of the United States at the
project site to the maximum extent practicable. The notification, when required, must include a
written statement explaining how avoidance and minimization of losses of waters of the United
States were achieved on the project site. Compensatory mitigation will normally be required to
offset the losses of waters of the United States. (See General Condition 19.) The notification
must also include a compensatory mitigation proposal for offsetting unavoidable losses of waters
of the United States. If an applicant asserts that the adverse effects of the project are minimal
without mitigation, then the applicant may submit justification explaining why compensatory
mitigation should not be required for the District Engineer's consideration;
G. When this nationwide permit is used in conjunction with any other nationwide permit, any
combined total permanent loss of waters of the United States exceeding \1/10\ acre requires that
the permittee notify the District Engineer in accordance with General Condition 13;
H. Any work authorized by this nationwide permit must not cause more than minimal
degradation of water quality or more than minimal changes to the flow characteristics of any
stream (see General Conditions 9 and 21);

NO
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1. For discharges causing the loss of \1/10\ acre or less of waters of the United States, the
permittee must submit a report, within 30 days of completion of the work, to the District
Engineer that contains the following information: (1) The name, address, and telephone number
of the permittee; (2) The location of the work; (3) A description of the work; (4) The type and
acreage of the loss of waters of the United States (e.g., \1/2\ acre of emergent wetlands); and (5)
The type and acreage of any compensatory mitigation used to offset the loss of waters of the
United States (e.g., \1/2\ acre of emergent wetlands created on-site);
J. If there are any open waters or streams within the project area, the permittee will establish
and maintain, to the maximum extent practicable, wetland or upland vegetated buffers next to
those open waters or streams consistent with General Condition 19. Deed restrictions,
conservation easements, protective covenants, or other means of land conservation and
preservation are required to protect and maintain the vegetated buffers established on the project
site.
Only residential, commercial, and institutional activities with structures on the foundation(s)
or building pad(s), as well as the attendant features, are authorized by this nationwide permit.
2

The compensatory mitigation proposal required in paragraph (f) of this nationwide permit may be
either conceptual or detailed. The wetland or upland vegetated buffer required in paragraph 0) of
this nationwide permit will determined on a case-by-case basis by the District Engineer for
addressing water quality concerns. The required wetland or upland vegetated buffer is part of the
overall compensatory mitigation requirement for this nationwide permit. If the project site was
previously used for agricultural purposes and the farm owner/operator used Nationwide Permit
40 to authorize activities in waters of the United States to increase production or construct farm
buildings, Nationwide Permit 39 cannot be used by the developer to authorize additional
activities in waters of the United States on the project site in excess of the acreage limit for
Nationwide Permit 39 (i.e., the combined acreage loss authorized under Nationwide Permits 39
and 40 cannot exceed \1/2\ acre).
Subdivisions: For residential subdivisions, the aggregate total loss of waters of Unites States
authorized by Nationwide Permit 39 cannot exceed\1/2\ acre. This includes any loss of waters
associated with development of individual subdivision lots. (Sections 10 and 404)
Note: Areas where wetland vegetation is not present should be determined by the presence or
absence of an ordinary high water mark or bed and bank. Areas that are waters of the United
States based on this criterion would require a Pre-Construction Notification (PCN) although
® water is infrequently present in the stream channel (except for ephemeral waters, which do not
® require PCNs under paragraph (c)(s), above; however, activities that result in the loss of greater
than\1/10\ acre of ephemeral waters would require PCNs under paragraph (c)(1), above) are
determined by the presence or absence of an ordinary high water mark or bed and bank. Areas
that are waters of the United States based on this criteria would require a PCN even though water
is infrequently present in the stream channel (except for ephemeral waters).
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f NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
® 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
® must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
f line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound water.
Culverts placed in streams must be installed to maintain low flow conditions.
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5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a'study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate
Federal agency, with direct management responsibility for such river, has determined in writing
that the proposed activity will not adversely affect the Wild and Scenic River designation, or
study status. Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service,
Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality.
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a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
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habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nftns.noaa.gov/prot
res/overview/es.html respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the

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following information:
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1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
3. Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional General
Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;
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ii. A statement that the single-family housing activity is for a personal residence

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iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
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require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five-year (or less) maintenance plan. In addition, the PCN must include all of the
following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
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iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
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District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
® the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
a waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
a non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
a affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer

9

deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engineer must review the plan within 45 days of receiving a complete PCN and
determine whether the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then the District Engineer will notify the applicant either:
1. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
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3. that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of
the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental
effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the District Engineer notice that they intend to provide substantive,
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site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
® or adjacent bank stabilization.
® 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
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0 to waters of the US to the maximum extent practicable at the project site (i.e., on site).
or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWT 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
1 b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
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c. Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District Engineer
will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers
to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in
the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
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(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
® 21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site, unless
the activity is part of a larger system designed to manage water flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
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identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
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a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
® a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
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resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
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1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWT.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS

Best Managenzent Practices (BMPs): BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
affect the limits on a development.
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Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodivay: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss o waters o the US: Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
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change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for a
NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland: An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. The term "open water" includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
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Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Rime 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.
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Single and Complete Proiect: The term "single and complete project" is defined at 33 CFR
330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stormwater Management: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
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conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
They are areas that are permanently inundated and under normal circumstances have rooted
aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular
rooted plants in freshwater systems.
Waterbodv: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAI, REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters
are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated
waters, applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters"
(HQW) (as defined by the North Carolina Division of Water Quality), or "Inland Primary
Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources Commission), or
contiguous wetlands (as defined by the North Carolina Division of Water Quality), or "Primary
Nursery Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries).
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2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities may not commence until a copy of the approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box
1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the applicant
shall furnish a written statement of compliance with all of the conditions listed of the applicable
NWP.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Boas
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
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5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
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Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand should
be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization,
filter cloth must be placed underneath the riprap as an additional requirement of its use in North
Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Roadway
Approach Fill
Hfitll
Culvert buried
below strearnbed
to appropriate
t
Stream depth
Bottom

bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
1 3. Additional Regional Conditions Applicable to this Nationwide Permit
a. Discharges in wetlands and in perennial streams for stormwater management facilities are
prohibited under this NWP.
b. Single-family recreational facilities are not authorized under NWP 39.
Recreational facilities, if they are incorporated into and serving an entire residential, commercial,
or institutional development, can be authorized by this NWP.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GS3362
1. Enumerating and Reporting of Impacts:
a. Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or temporary
stream impacts shall be enumerated on the entire project for all impacts regardless of which 404
Nationwide Permits are used. Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of use of stream
functions including but not limited to filling, relocating, flooding, excavation, dredging and
complete shading shall be considered stream impacts. Enumeration of impacts to streams shall
include streams enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only used for a road,
driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam
footprints and flooding will count toward the threshold for stream impacts, but flooding upstream
of the dam will not (as long as no filling, excavation, relocation or other modification of the
existing stream dimension, pattern or profile occurs) count towards mitigation.
b. Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire
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project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that
results in a loss of use of wetland functions including but not limited to filling, excavating,
draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands
shall include activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.
c. Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by
the Division of Water Quality shall be measured as area. Permanent and/or temporary water
impacts shall be enumerated on the entire project for all impacts proposed regardless of which
404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts. Application
Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require
a complete application and written concurrence to use this Certification:
Total stream impacts of greater or equal to 150 cumulative feet of stream length for the
entire project require written notification to and approval by the Division of Water Quality,
and/or
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Impacts to waters of equal to or greater than 1/3 of an acre require written notification to
and approval by the Division of Water Quality, and/or Wetland impacts of greater or equal to 1/3
of an acre east of I-95 and 1/10 of an acre west of 1-95 require written notification to and
approval by the Division of Water Quality except as specified below. Any impacts to wetlands
adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North
Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well
as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written
concurrence from the Division of Water Quality to use this Certification. These thresholds apply
for the entire project regardless of the number of Nationwide Permits applicable to the
Certification that are issued by the USACE for the project;
Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies
of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of
Engineers. A formal application and fee is not required unless DWQ decides that an Individual
Certification will be required for the project. In this case, the applicant will be notified in writing
from DWQ within 30 days of the receipt of the written notification.
Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written
concurrence from the Division of Water Quality;
2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence for this Certification from DWQ in accordance with
15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for
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written concurrence under this Certification. New development activities located in the protected
50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
?j practicable through the use of best management practices;
3. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case-by-case basis for projects that have or are anticipated
to have impervious cover of greater than 30 percent. Site-specific stormwater management shall
be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best
Management Practices manual at a minimum. Additionally, in watersheds within one mile and
draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive
waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and
outstanding resource waters (ORW), the Division shall require that extended detention wetlands,
bio-retention areas, and ponds followed by forested filter strips (designed according to latest
version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part
of the stormwater management plan when a site-specific stormwater management plan is
required. For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in
addition to that required in this General Certification. Alternative designs may be requested by
the applicant and will be reviewed on a case-by-case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing
state stormwater programs including appropriate local programs are sufficient to satisfy this
Condition as long as the stormwater management plans meet or exceed the design requirements
specified in this condition. This condition applies unless more stringent requirements are in effect
from other state water quality programs.
Unless specified otherwise in the approval letter, the final written stormwater management
plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the
impacts specified in this Certification occur.
The facilities must be designed to treat the runoff from the entire project, unless otherwise
explicitly approved by the Division of Water Quality.
Also, before any permanent building or other structure is occupied at the subject site, the
facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the
stormwater management plan (as approved by the Wetlands Unit) shall be implemented.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage
patterns must be maintained in perpetuity.
No changes to the structural stormwater practices shall be made without written authorization
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from the Division of Water Quality.
4. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts equal to or exceeding 150 feet and that require application to DWQ
in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II;
5. In accordance with North Carolina General Statute Section 143-215.3D(e), any application
a 401 Water Quality Certification must include the appropriate fee. If a project also requires a
CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the
two fees;
6. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire
project. For linear public transportation projects, impacts equal to or exceeding 150 feet per
stream may require mitigation. In addition, buffer mitigation may be required for any project with
Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer
impacts resulting from activities classified as "allowable with mitigation" within the "Table of
Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination
of buffer, wetland and stream mitigation requirements shall be made for any Certification for this
Nationwide Permit. The most current design and monitoring protocols from DWQ shall be
followed and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved by
DWQ in writing before the impacts approved by the Certification occur, unless otherwise
specified in the approval letter. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public road projects,
the mitigation plan must be implemented before the road is opened to the traveling public. Please
note that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Mork in North Carolina, April 2001, the restored length can be used
as compensatory mitigation for the impacts resulting from the relocation;
7. For any project involving re-alignment of streams, a stream relocation plan must be included
with the 401 application for written DWQ approval. Relocated stream designs should include the
same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the
existing channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and
should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated
buffer on both sides of the relocated channel to the maximum extent practical. A transitional
phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks,
concrete, gabions or other hard structures may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any
calculations used to determine the extent of rip-rap coverage requested. If suitable stream
mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please
note that if a stream relocation is conducted as a stream restoration as defined in The Internal
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Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used
as compensatory mitigation for the impacts resulting from the relocation;
8. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless it
can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required
to provide evidence that the equilibrium shall be maintained if requested to do so in writing by
DWQ. Additionally, when roadways, causeways or other fill projects are constructed across
FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided
to maintain the natural hydrology of the system as well as prevent constriction of the floodway
that may result in aggradation, degradation or significant changes in hydrology of streams or
wetlands;
9. That appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices)
shall be in full compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to assure compliance
with the appropriate turbidity water quality standard;
10. All sediment and erosion control measures placed in wetlands and waters shall be removed
and the original grade restored within two months after the Division of Land Resources has
released the project;
11. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
12. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;

13. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
14. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable without
requiring additional impacts to wetlands, waters or buffers if required to do so in writing by
DWQ. For road construction purposes, this Certification shall only be utilized from natural high
26

ground to natural high ground;
15. Deed notifications or similar mechanisms shall be placed on all lots with remaining
17. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 39, whichever is sooner.
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification
letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format
can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
DWQ shall be sent copies of all deed restrictions applied to these lots;
16. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;

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NATIONWIDE PERMIT 33
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
JANUARY 15, 2002
Temporary Construction, Access and De`vatering: Temporary structures, work and
discharges, including cofferdams, necessary for construction activities or access fills or
dewatering of construction sites; provided that the associated primary activity is authorized by
the Corps of Engineers or the U.S. Coast Guard (USCG), or for other construction activities not
subject to the Corps or USCG regulations. Appropriate measures must be taken to maintain near
normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a
manner, that will not be eroded by expected high flows. The use of dredged material may be
allowed if it is determined by the District Engineer that it will not cause more than minimal
adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or
dredged material returned to its original location, following completion of the construction
activity, and the affected areas must be restored to the pre-project conditions. Cofferdams cannot
be used to dewater wetlands or other aquatic areas so as to change their use. Structures left in
place after cofferdams are removed require a section 10 permit if located in navigable waters of
the United States. (See 33 CFR part 322). The permittee must notify the District Engineer in
accordance with the "Notification" general condition. The notification must also include a
restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic
resources. The District Engineer will add special conditions, where necessary, to ensure
environmental adverse effects is minimal. Such conditions may include: Limiting the temporary
work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan;
and requiring alternative construction methods (e.g., construction mats in wetlands where
practicable.). (Sections 10 and 404)
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NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound water.
Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a'study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate
Federal agency, with direct management responsibility for such river, has determined in writing
that the proposed activity will not adversely affect the Wild and Scenic River designation, or
study status. Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service,
Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality.
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a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of
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the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfins.noaa.gov/prot
res/overview/es.html respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
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1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
3. Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional General
Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(o);
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;
ii. A statement that the single-family housing activity is for a personal residence
of the permittee;
iii. A description of the entire parcel, including its size, and a delineation of
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wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a
® purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five-year (or less) maintenance plan. In addition, the PCN must include all of the
following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
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non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWT, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
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the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engineer must review the plan within 45 days of receiving a complete PCN and
determine whether the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then the District Engineer will notify the applicant either:
1. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
3. that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of
the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental
effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
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to telephone or fax the District Engineer notice that they intend to provide substantive,
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
® 14. Compliance Certification. Every permittee who has received NWP verification from the
® Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
® or adjacent bank stabilization.
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17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWT 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District Engineer
will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers
to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in
the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
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will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site, unless
the activity is part of a larger system designed to manage water flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
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While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
1 23. Waterfowl Breeding Areas. Activities including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
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into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
I commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWT.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best Management Practices (BMPs,): BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
13
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1"
I affect the limits on a development.
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodtivay: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss of waters of the US: Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
14
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fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for a
NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland: An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. The term "open water" includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
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Single and Complete Project: The term "single and complete project" is defined at 33 CFR
330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stormwater Management: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
® stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(D, respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
16
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and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
® ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
® environment. (See General Condition 19.)
Vezetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
nor and normal under year has normal circumstances have rooted
standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters are:
aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular
They Waterbo are dy: A areas that are waterbody is any permanently area inundated
rooted plants in freshwater systems.
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
I
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b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition, the applicant
must furnish a written statement of compliance with all of the conditions of the applicable
Nationwide Permit. The North Carolina designated waters that require additional notification
requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as
defined by the North Carolina Division of Water Quality), or "Inland Primary Nursery Areas"
(IPNA) (as defined by the North Carolina Wildlife Resources Commission), or contiguous
wetlands (as defined by the North Carolina Division of Water Quality), or "Primary Nursery
Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries).
17
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2. Applicants for any NWP in a designated "Area of Environmental Concern" AEC in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities may not commence until a copy of the approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box
1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the applicant
shall furnish a written statement of compliance with all of the conditions listed of the applicable
NWP.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Boas
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
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i

5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
18
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Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation
Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand should
be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank
stabilization, filter cloth must be placed underneath the riprap as an additional requirement of its
use in North Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Roadway
13 Approach Fill
Hankfull
Culvert buried
below streambed
to appropriate
Stream depth
Bottom
..
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
i 3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
The required restoration plan must include a timetable for restoration activities.
NORTH CAROLINA DIVISION OF WATER OUALITY
GENERAL CERTIFICATION CONDITIONS
GC3366

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1. These activities do not require written concurrence from the Division of Water Quality as long
as they comply with all conditions of this General Certification. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are required.
Also, Condition No. 2 is applicable to all streams in basins with riparian area protection rules;
2. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence from DWQ in accordance with 15A NCAC
213.0200. Activities listed as "exempt" from these rules do not need to apply for written
concurrence under this Certification. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico,
Randleman and Catawba River Basins shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 213 .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices;
3. Appropriate sediment and erosion control practices which equal or exceed those outlined in
the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices)
shall be in full compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to
assure compliance with the appropriate turbidity water quality standard;
20
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4. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the original grade restored within two months after the Division of Land Resources has released
the project;
5. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
6. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless it
can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested in writing by
DWQ. Additionally, when roadways, causeways or other fill projects are constructed across
FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided
to maintain the natural hydrology of the system as well as prevent constriction of the floodway
that may result in aggradation, degradation or significant changes in hydrology of streams
or wetlands;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. All temporary fill shall be removed to the original grade after construction is complete and the
site shall be stabilized to prevent erosion;
9. Pipes shall be installed under the road or causeway in all streams to carry at least the 25 year
storm event as outlined in the most recent edition of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" so as not
to restrict stream flow during use of this Certification;
10. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for
written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, one payment to both agencies shall be submitted and will
be the higher of the two fees;
11. Additional site-specific conditions may be added to projects for which written concurrence is
required or requested under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
12. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of these corresponding Nationwide and Regional General Permits, whichever is sooner;
21

W a s
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13. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
I NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.

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PROGRAM
INVOICE
December 2, 2005
DWQ#: N/A
COE#: 200501095
Fort Bragg - Gregory Bean
Headquarters Port Bragg Garrison Command (ABN)
Building 3-163 Butner Road
Fort Bragg, NC 28310-5000
Project: Fort Bragg Brigade Combat Team County: Cumberland
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Carol Shaw at 919-733-5205.
Riparian Wetlands 0.25 acres x $ 26,246.00 -- $ 6,561.50
Non-Riparian Wetlands 0 acres x $ 13,123.00 - $
Saltwater Wetland 0 acres x $131,230.00 $
Stream 368 linear feet x $ 219.00 - $80,592.00
Buffer - Zone 1 0 square feet x $ .96 $
Buffer - Zone 2 0 square feet x $ .96 - _
Total amount of payment $87,15350
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
_._., from the permitting agencies stating tharihe, permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Lillette Granade, USACE - Wilmington
Rut-orkq... Erica. x&W... Prot" our Stag -
rnt,
North Carolina Ecosystem Enhancement program, 1652 Mail Service Center, Raleigh, NC 27699.1652 / 919.715-0476 / www.nceep.net

rtiuCl-llblVti-rCt'
1L-03-' Ids 04:10
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PROGRAM
RECEIPT
December 2, 2005
DWQ #: N/A
COE #: 200501095
Fort Bragg - Gregory Bean
Headquarters Fort Bragg Garrison Command (ABN)
Building 3 -163 Butner Road
Fort Bragg, NC 28310-5000
1-000 rozl NL U-47 f
La Project: Fort Bragg Brigade Combat Team County: Cumberland
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $87,592.00, check
13 number 1007, as payment for the compensatory mitigation requirements of the 401 Water Quality Ccrtification/Section 404
Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.
The NC REP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Lin= Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0.04 0 0' 0 368 0 0 0
03030004
U L
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Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
bilila`ma Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Lillette Granade, USACE - Wilmington
Ken Averittc, DWQ Regional Office - Fayetteville
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.neeep.net