20190611 Ver 1_USACE Correspondence_20190531

Strickland, Bev
From: Shaver, Brad E CIV USARMY CESAW (USA) < [e-mail] >
Sent: Friday, May 31, 2019 11:08 AM
To: Mairs, Robb L
Subject: [External] FW: [Non-DoD Source] Fw: Boat Ramp Improvements at MCB Camp Lejeune
Attachments: RGP125-2016-12-23.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
-----Original Message -----
From: Shaver, Brad E CIV USARMY CESAW (USA)
Sent: Friday, May 31, 2019 11:04 AM
To: Avolis Engineering, P.A. <[e-mail]>
Cc: Martin G Korenek <[e-mail]>; David W Towler <[e-mail]>; Jessi Baker
<[e-mail]>
Subject: RE: [Non-DoD Source] Fw: Boat Ramp Improvements at MCB Camp Lejeune
Joe/Jessi,
Thanks for the clarification. I will be working on getting tear sheets back for Rhodes Point and Northeast Creek. Now
with a clear understanding of the off shore distance for Mill Creek it is similar to the others (French Creek and Stones
Creek) and is covered by RGP 125, attached. No written exchange is necessary for all three.
Again will get the others returned shortly.
If you have any other questions please don't hesitate to let me know,
Brad
-----Original Message -----
From: Avolis Engineering, P.A. [mailto:[e-mail]]
Sent: Thursday, May 30, 2019 11:56 AM
To: Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Martin G Korenek <[e-mail]>; David W Towler <[e-mail]>; Jessi Baker
<[e-mail]>
Subject: [Non-DoD Source] Fw: Boat Ramp Improvements at MCB Camp Lejeune
Brad,
Enclosed please find additional information as requested for the above referenced project. I also have attached a
revised Exhibit 9 that clarifies the drawing scale.
Should you need any additional information, please do not hesitate to let me know.

Joseph Avolis, PE
Avolis Engineering, PA
252.633.0068
-----Original Message -----
From: Baker CIV Jessi O
Sent: Wednesday, May 22, 2019 3:36 PM
To: 'Avolis Engineering, P.A.' ; Towler CIV David W
Cc: Korenek CIV Martin G
Subject: RE: Boat Ramp Improvements at MCB Camp Lejeune
Avolis, Please address Brad's comments below. He is having issues with the scales on the drawings to determine how
far beyond MHW the ramps extend ( > or < 20 feet). Need justifications for ramps that extend > 20 feet below MHW.
Please respond directly to Brad and copy all of us.
Let me know if you have any questions.
Jessi Baker
NEPA Program Manager
12 Post Lane
Camp Lejeune, NC 28547
910-451-4542
[e-mail]
-----Original Message -----
From: Shaver, Brad E CIV USARMY CESAW (USA)[mai Ito: Brad. [e-mail]1]
Sent: Monday, May 20, 2019 3:00 PM
To: Baker CIV Jessi O <[e-mail]>; 'Mairs, Robb L'
<[e-mail]>;'Montalvo, Sheri A' <[e-mail]>
Cc: Korenek CIV Martin G <[e-mail]>
Subject: RE: Boat Ramp Improvements at MCB Camp Lejeune
Jessi,
Thanks for talking with me earlier about the Boat Ramp package. As promised I will outline the clarification needed.
French Creek Project would be covered by RGP 197800125 which did not require prior notice to the Corps.
Mill Creek Road Project contradicts itself in the request package. Ex 9 indicates the new pier would be a 3' wide walkway
but Ex 25 indicates a 6'
wide pier. Please clarify which is correct. Additionally, I do not see a graphical scale for the plan view drawing and
therefore cannot confirm whether the proposed ramp extends beyond 20 feet from MHW. Please clarify the pier width
and distance from MHW. This project may fit RGP 197800125 if the distance from MHW is less than 20 feet.
Northeast Creek Project has a ramp that extends beyond 20 feet from MHW therefore RGP 197800125 is not available
for use. We will need to pursue NW

36 and the Base will need to provide justification forth e greater than 20'
distance from MHW according to regional condition 4.1.1, " Boat ramps will not extend farther than twenty (20) feet
water ward from the mean high water
(MHW) elevation contour in tidal areas or from the ordinary high water mark elevation contour in non -tidal areas. A
waiver from this condition may be requested in writing. The District Engineer may issue a waiver if the proposed activity
will result in minimal individual and cumulative adverse impacts to the aquatic environment." I assume the pier has a
separate purpose since it extends further than the boat ramp and will need to authorized under RGP 197800056.
Rhodes Point Road Project appears to have the same issue as Northeast Creek and will need to utilize NW 36 with
appropriate justification. The pier appears to consistent with RGP 197800056.
Stones Creek Project would be covered by RGP 197800125 and does not require written approval.
If you have any questions please don't hesitate to give me a call,
Brad
-----Original Message -----
From: Baker CIV Jessi O [mai lto:[e-mail]1]
Sent: Wednesday, May 1, 2019 9:46 AM
To: Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail]>; 'Mairs, Robb L'
<[e-mail]>;'Montalvo, Sheri A'
<[e-mail]>
Cc: Korenek CIV Martin G <[e-mail]>
Subject: Boat Ramp Improvements at MCB Camp Lejeune
Brad and Robb,
Attached for your review, please find the PCN package for boat ramp improvements at five locations on the New River
and its tributaries. The contractor will mail the check to the DWR Raleigh Office this week. Please let me know if you
have any questions!
Thanks so much,
Jessi Baker
NEPA Program Manager
12 Post Lane
Camp Lejeune, NC 28547
910-451-4542
[e-mail]

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/Re ug latoo PermitPro am.aspx
General Permit No.
197800125
Name of Permittee:
General Public
Effective Date:
January 1, 2017
Expiration Date:
December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO MAINTAIN, REPAIR AND CONSTRUCT BOAT RAMPS AND ASSOCIATED PIERS,
DOCKS AND MOORING PILES WITHIN NAVIGABLE WATERS AND WATERS OF THE
UNITED STATES IN THE STATE OF NORTH CAROLINA.
The following definitions should be used for purposes of this regional general permit (RGP):
a. Mean high water mark (MH)KM
)- The line on the shore, in tidal water, reached by the
plane of the mean (average) high water. The precise determination of the actual location of the
line can be established by survey with the reference to the available tidal datum, preferably
averaged over a period of 18.6 years. A less precise method, such as observation of the apparent
shoreline, which is determined by reference to physical markings, lines of vegetation, may be
used for the purpose of this general permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non -tidal waters,
established by the fluctuations of water indicated by physical characteristics such as clear,
natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial

vegetation; the presence of litter and debris; or other appropriate means that consider the
characteristics of the surrounding areas.
Special Conditions
a. Boat ramps authorized by this Regional General Permit (RGP) shall be constructed of
treated wood, concrete, steel, aluminum, broken concrete, marl, brick or rock riprap.
b. Boat ramps authorized by this general permit will be no wider than 15 feet in the 20
coastal counties and no wider than 20 feet in all other counties and will not extend farther
waterward than 20 feet from the mean high water mark (MHWM) elevation contour in tidal
areas or from ordinary high water mark (OHWM) elevation contour in non -tidal areas.
C. Piers, docks and mooring piles, authorized by this RGP must be associated with a boat
ramp facility and shall conform to the following standards:
i. All piers or docks will be open -pile or floating structures.
ii. Mooring piles and dolphins may be constructed of wood, metal, or pre -cast
concrete.
iii. Piers or docks will be no wider than six (6) feet and no longer than necessary to
accommodate boat ramp activities, unless the Corps determines, in writing, that
a greater width is necessary for safe use, to improve public access, or to support
a water dependent use that cannot otherwise occur.
iv. The total square footage of shaded impact for docks and mooring facilities
(excluding the pier) allowed shall be 8 square feet per linear foot of shoreline
with a maximum of 800 square feet. In calculating the shaded impact,
uncovered open water slips shall not be counted in the total. The maximum size
of any individual component of the docking facility authorized by this General
Permit shall not exceed 400 square feet, unless the Corps determines, in writing,
that a greater width is necessary for safe use, to improve public access, or to
support a water dependent use that cannot otherwise occur.
v. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries
Service if the following two conditions are met:
a. Water depth at the docking facility location is equal to or greater than two
feet of water at mean low water level: and
b. The pier and docking facility is located to minimize the area of submerged
aquatic vegetation under the structure.
2

vi. Floating piers and docking facilities located over submerged aquatic vegetation
shall be allowed if the water depth between the bottom of the proposed structure
and the substrate is at least 18 inches at mean low water level.
vii. Floating structures shall not be constructed over Federally jurisdictional
wetlands.
viii. Docks and piers extending over wetlands will be elevated sufficiently
(minimum of 3 feet) above the wetland substrate to prevent total shading of
vegetation, substrate, or other elements of the aquatic environment.
ix. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations
of water elevation, will be designed so that the structure will not rest on the
bottom of the waterbody at any time and will be secured in such manner as to
not break away.
d. This RGP does not authorize the installation of fueling facilities on authorized
structures.
e. Excavation and/or filling of jurisdictional wetlands, seagrasses or other submerged
aquatic vegetation (SAV) beds is not authorized by this general permit.
f. Excavation and discharge of excavated or fill material waterward of the MHWM or the
OHWM elevation contours will be limited to that necessary to establish an adequate and safe
ramp slope for a boat ramp no larger than specified in Special Condition "b" above.
g. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the District Engineer,
Wilmington District. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aWx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must
submit the information described in General Condition "x" to the Corps and obtain approval
from the Corps prior to the construction of the any structures within Federally Authorized
Channel Setback.
h. Floating structures installed within the Federally Authorized Channel Setback must be
designed to be removable. No permanent utilities or infrastructure shall be attached to the
floating structures. The permittee must submit the information described in General Condition
"x" and obtain approval from the Corps prior to the construction of any structures within the
Federally Authorized Channel Setback.

i. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
No structure will extend or be located farther than one-third the width of a waterbody.
k. If the display of lights and signals on any authorized structure is not otherwise provided
for by law, such lights and signals, as may be prescribed by the U.S. Coast Guard, will be
installed and maintained by and at the expense of the permittee.
1. It is possible that an authorized structure may be damaged by wavewash from passing
vessels. The issuance of this general permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
permittee will not hold the United States liable for any such damage.
m. This general permit does not authorize any structure or associated facility for a non -
water related use.
n. Structures and their attendant utilities, authorized by this general permit, located on
lands subject to an easement in favor of the United States for the operation, maintenance,
improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed
at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf
of the United States, the lands are needed at any time for any purpose within the scope of the
easement. Permanent buildings will not be constructed within the easement.
o. This general permit is not applicable to any work on Atlantic Ocean beaches.
p. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the North
Carolina Division of Coastal Management before the onset of the proposed activity. Should a
Federal activity within any one of North Carolina's twenty coastal counties or which could
affect a coastal use or resource in any one of North Carolina's twenty coastal counties be
proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR
930 must be prepared and submitted by that Federal agency to the North Carolina Division of
Coastal Management before the onset of the proposed activity.
General Conditions
a. Except as authorized by this general permit or any Corps approved modification to this
general permit, no excavation, fill or mechanized land -clearing activities shall take place within
waters or wetlands, at any time in the construction or maintenance of this project. This general
permit does not authorize temporary placement or double handling of excavated or fill material
al

within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and
conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this
general permit issued by the North Carolina Division of Water Resources.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of the general permit for the
verified individual activity, may apply for an individual permit, or will, without expense to the
United States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the United States to its former conditions.
h. This General Permit does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or limit an
agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of
the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the
potential to take possession of or make use of for any purpose, or build upon, alter, deface,
destroy, move, injure, or obstruct a federally constructed work or project, including, but not
limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal
sites, flood control projects, etc., shall be permitted unless the project has been reviewed and
5

approved by the appropriate Corps approval authority. The permittee must submit the
information described in General Condition "x" and obtain approval from the Wilmington
District Engineer prior to the initiation of any activity that has the potential to modify or conflict
with a federally authorized project.
i. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAV(cusace.army.mil.
j. The permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
k. This general permit does not grant any property rights or exclusive privileges.
1. This general permit does not authorize any injury to the property or rights of others.
in. This general permit does not authorize the interference with any existing or proposed
federal project.
n. In issuing this general permit, the Federal Government does not assume any liability
for the following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
o. Authorization provided by this general permit may be modified, suspended or revoked
in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this general permit
shall be five (5) years unless subject to modification, suspension or revocation. Any
71

modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
p. No activity may occur in a component of the National Wild and Scenic Rivers
System, or in a river officially designated by Congress as a "study river" for possible inclusion in
the system while the river is in an official study status, unless the appropriate Federal agency
with direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
q. This general permit does not authorize any activity within, or directly affecting, a
marine sanctuary established by the Secretary of Commerce under authority of Section 302 of
the Marine Protection, Research and Sanctuaries Act of 1972, unless the permittee provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
r. In cases where the district engineer determines that the activity may affect properties
listed, or eligible for listing, in the National Register of Historic Places and its codified regulations,
the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned
Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the
activity is not authorized, until the requirements of Section 106 of the National Historic Preservation
Act (NHPA) have been satisfied. Permittees must submit the information described in General
Condition "x" to the Corps if any properties subject to the above criteria might be affected by the
proposed project. The permittee may not begin work until notified by the Corps that the
requirements of the NHPA have been satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological remains
and artifacts while accomplishing the activity authorized by this general permit, you must
immediately notify the district engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The district engineer will initiate the Federal, tribal
and state coordination required to determine if the items or remains warrant a recovery effort or
if the site is eligible for listing in the National Register of Historic Places.
t. No activity is authorized under this general permit which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or
which will directly or indirectly destroy or adversely modify the critical habitat of such species.
No activity is authorized under any NWP which "may affect" a listed species or critical habitat,
unless Section 7 consultation addressing the effects of the proposed activity has been
7

completed*. Information on threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices, the USFWS field offices or at the following web
addresses: hqp://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. Permittees must submit the information described in
General Condition "x" to the Corps if any listed species or designated critical habitat may be
affected by the proposed project. Permittees may not begin work until notified by the
Wilmington District Engineer that the requirements of the ESA have been satisfied and that the
activity is authorized.
*Note - Section 7 consultation has been completed for the West Indian manatee and if the project
might affect the manatee, the permittee does not have to submit the information in General
Condition "x" to the district engineer as long as the permittee complies with General Condition
"u". Section 7 consultation has been completed for the Northern long-eared bat and the
permittee must submit the information in General Condition "x" to the district engineer if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus manatus),
the applicant must implement the USFWS' Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at hM2://www.fws. og v/nc-
es/mammal/manatee_guidelines.pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted with
the United States Fish and Wildlife Service (Service) in regards to the threatened Northern long-
eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for
Endangered Species (SLOPES) have been approved by the Corps and the Service. This condition
concerns effects to the NLEB only and does not address effects to other federally listed species
and/or to federally -designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include non-
federal aid North Carolina Department of Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project is
not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the U.S. If the
project is located on federal land, contact the Corps to determine the lead federal agency.
(1) A permittee using a Nationwide Permit (NWP) or a Regional General Permit (RGP)
N.

must check to see if their project is located in the range of the NLEB by using the
following website:
hM2://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project
is within the range of the NLEB, or if the project includes percussive activities (e.g.,
blasting, pile driving, etc.), the permittee is then required to check the appropriate website
in the paragraph below to discover if their project:
• is located in a 12 -digit Hydrologic Unit Code area ("red HUC" - shown as red
areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
hqp://www.fws.gov/asheville/htmis/project_review/NLEB_ in WNC.html. For the eastern 59
counties in NC (covered by the Raleigh Ecological Services Field Office), check the project
location against the electronic maps found at: hM2s://www.fws.gov/raleigh/NLEB RFO.html.
(2) A permittee must submit a pre -construction notification (PCN) to the district engineer,
and receive written authorization from the district engineer, prior to commencing the
activity, if the activity will involve either of the following:
• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and there
is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, or all applicable RGP terms and general and special conditions,
and if the permittee's review under A.(1) and A.(2) above shows that the project is:
• located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
• located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25 -mile of a red HUC boundary, and
the activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
9

• located in a red HUC, but the activity will NOT include: tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; any
percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the Service (per the directions on the
respective Service office's website), that project may proceed without notification to either the
Corps or the Service, provided all General and Regional Permit Conditions (for NWPs), or RGP
general and special conditions (for RGPs) are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide Web
Page: http://www.saw.usace.army.mil/Missions/Re_ug latory-Permit-Pro_rg am/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the Corps at (910)
251-4633.
w. If the permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the permittee shall immediately notify
the Wilmington District Engineer so that required coordination can be initiated with the U.S.
Fish and Wildlife Service and/or National Marine Fisheries Service.
x. For activities that require approval from the Corps prior to initiating work, the
permittee must submit the following information to the appropriate Corps Regulatory Field
Office:
1. Name, address and telephone number of the prospective permittee.
2. Location of the proposed project, including waterbody, nearest community and
county.
A detailed description of the proposed project, including applicable project details
such as width, height, length of structures or fills, piling span, distance from the
shoreline, type of materials, location of structure(s), and the amount of proposed
impact to waters and/or wetlands. The description should be sufficiently detailed
to allow the District Engineer to determine that the adverse effect of the project
will be minimal and to determine the need for compensatory mitigation. Project
drawings should be provided when necessary to show that the activity complies
with the terms of the RGP. (Drawings usually clarify the project and when
provided results in a quicker decision. Drawings should contain sufficient detail
10

to provide an illustrative description of the proposed activity (e.g., a conceptual
plan), but do not need to be detailed engineering plans).
y. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
z. The permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at cgd5waterwaysguscg.mil.
aa. The permittee must maintain any structure or work authorized by this general permit
in good condition and in conformance with the terms and conditions of this general permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or work.
Transfer in fee simple of the work authorized by this general permit will automatically transfer
this general permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities undertaken
under the authority of this general permit and provide the subsequent owner with a copy of the
terms and conditions of this general permit.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.
cc. Except as authorized by this general permit or any Corps approved modification to
this general permit, all fill material placed in waters or wetlands shall be generated from an
upland source and will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials (including debris from land clearing activities), or unsightly debris
will not be used.
dd. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit that were in
effect at the time the activity was completed continue to be authorized by the general permit.
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BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FOR THE COMMANDER:
�G
Scott McLendon
Chief, Regulatory Division
Wilmington District
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