19930119 Ver 1_COMPLETE FILE_19930301

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DEM ID: 31I ACTION ID:
NATIONWIDE PERMIT R•QUESTED (PROVIDE NATIONWIDE PERMIT #):
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
'WATER QUALITY PLANNING
M VISION OF ENVIRONMENTAL MANAGEMENT
'NC DEPARTMENT OF ENVIRONMENZ
AND NATURAL RESOU ?
P.O. BOX 29535 Q,
.RALEIGH, NC 27626-05
ATTN: MR. JOHN DORNE
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVI
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Town of Carthage
2. OWNERS ADDRESS: P.O. Box 842
. Carthage, NC 28327
3. OWNERS PHONE NUMBER (HOME)
N/A (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: [phone]
Ms. Billie Mackey, Mayor
Town of Carthage
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Moore
NEAREST TOWN OR CITY: Carthage/Southern Pines
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
1) Little River - N.C. Highway 22
2) Nicks Creek - N.C. Highway 22
3) Mill Creek - N.C. Highway 22
6. NAME OF CLOSEST STREAM/RIVER: see (5) above
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES (X1 NO [ 1
?. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
POPERTY? YES ( ) NO •[x1
YES, EXPLAIN.
J. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
??TLANDS, LOCATED ON PROJECT SITE: 0.33 AC
6/10/92
North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney, Water Quality Planning
Division of Environmental Management
FROM: Stev; zzanghera, Piedmont Region Coordinator
Habitat Conservation Program
DATE: March 22, 1993
SUBJECT: 401 Water Quality Certification, Application Review,
DEM # 93119, Town of Carthage, Moore County, North
Carolina
The North Carolina Wildlife Resources Commission (NCWRC) has
completed its review of the subject document. Biologists on our
staff are familiar with the habitat values of the project area
and an onsite investigation of the project area was conducted.
Our comments are provided in accordance with certain provisions
of the Clean Water Act of 1977 (33 U. S. C. 466 et seq.).
The Town of Carthage proposes to install a sewer line along
existing highways from Carthage to Southern Pines. The plan
requires stream crossings of Little River, Nicks Creek, and Mill
Creek at NC 22 and will impact 0.33 acres of wetlands, as
proposed. Little River and Nicks Creek are medium sized
Sandhills streams with excellent fish habitat. These streams
generally provide good fishing for redfin pickerel and warmouth.
The Lower Little River contains excellent habitat which supports
a very good and diverse fishery as determined by extensive
sampling in previous years. The non-native spotted bass was
successfully introduced in the Lower Little River. Extensive
high quality wetlands were present beside NC 22 at Nicks Creek.
We have no objections to issuance of a 401 Water Quality
Certification for the proposed project, provided the following
conditions can be incorporated into the permit:
1. Stream crossings of Little River, Nicks Creek, and Mill
Creek should be conducted during a period of low
biological activity. Spawning fishes are sensitive to
sedimentation, thus instream construction should be
restricted to the period from 15 July to 15 April.

Memo Page 2 March 22, 1993
2. Following construction in wetlands, areas should be
sloped, graded and restored to original contour.
Wetland soils should be segregated, stockpiled and
returned to the original strata. Wetland areas should
be stabilized immediately following construction with a
geo-tech fabric and seeded with annual small grain.
Wetlands should then be allowed to revegetate with
natural wetland species.
3. No clearing of construction access easements, excavation
of borrow material, or disposal of spoil should occur in
off-site stream or wetland areas.
4. Stringent sedimentation and erosion control measures
should be implemented to protect aquatic resources
and uncured concrete should not be allowed to come in
contact with flowing water.
Thank you for the opportunity to review and comment on this
application. If I can be of additional assistance, please
contact me at [phone].
WRC/sp
cc: Wayne R. Chapman, District 6 Fishery Biologist
Ken Knight, District 6 Wildlife Biologist
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street * Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
March 3, 1993
Ms. Billie Mackey, Mayor
Town of Carthage
P.O. Box 842
Carthage, N.C. 28327
Dear Ms. Mackey:
Subject: Proposed fill in Wetlands or Waters
Sanitary sewer force main for Town of Carthage
Moore County
Project # 03119
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.33 acres of wetlands or
waters which are are tributary to Nicks and Mills Creek and
Little River for sanitary sewer construction located at Hwy 22
and the above named streams in Moore County, we have determined
that the proposed fill can be covered by General Water Quality
Certification No.s. 2664 and 2671 issued January 21, 1992. Copies
of the General Certifications are attached. These Certifications
may be used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No.s. 12 & 26. As discussed with Mr. Ken
Averitte of DEM-Fayetteville Regional Office, the applicant
should bore under Little River and adjacent floodplains as much
as possible due to the classification of that stream.
If you have any questions, please contact John Dorney at
919-733-1786
Sincerely,
qPqeston Howard, Jr P.E.
93119.1tr
Attachment 1
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
Bill Lester; Hobbs, Upchurch & Associates
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
MI,MORANDLIM L NAME:',: t
Ilr?v i ?-We7.
.
T,_,hn Dc?r. nr_,y Wig? u>
Pl anni.n Brar]rl! I)ATL ?H"lj
S-MBJEC'I' : WETLAND STAFF REPORT AND Ik?FiIA_ ?>rTIOt1,:
***EACH ITEM MUST DE ANSWERED (tfSE t?f/ A FOR NuT AP111,ICABLE) + ?*
PERMIT YR:
APPLICANT NAME.:
PROJECT TYPF:
RCD FROM CDA:
RE( OFFICE:
93 PERMIT NO : M-H) H 1 1 9 r'OUNTY : MOOD F;
`T'OWN OF CARTHAGI,: WITI'll
EWER. LINE I'E.RMI'Y 'I'Y P_h; : NW 1 2
APP
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WE_IMI-'AC„I,? : /v?bt?I
WL_REOUESTED: , 'sue AK-, -TOTAL)
WL _SCORE (#) : 1-1
1.4
HYDRO__CNECT? : ON
DOT #
DATE FRM CDA: 0:_'/l21')
R.:I VER.-_ANL!__ ;LTB BA.', I N # : Q? O(, I4
/ -??-0
: TR INDEX NC>:
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WATER. IMPACTED BY YJ L.1,'s : (qN l T f_l'1r'a/''? !?YJ
MITI(-,ATI CV?: Y61)
MI:TIGA'I'ION-TYP1?: M1'f'I(.IAT I01\I_.;=SIZE:
I WETLAND RATCNG AT'I'ACHED:' : Y ON
RECOMMENDATlOid (C'i_rc,le C)ne) : !", ,UF; I'?I='?IIF;/('(?I?ID DE I9Y
COMMENTS,: _ ,C `6..._ C1?S_C Pte. /Jr'Er i>>i??fe -Ci`U?? ?%` -._i c?/,i?vi._i? i.• cT.
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Regional
(:'ent ra.l Files,
3119

Hobbs, Upchurch & Associates, P.A.
Consulting Engineers
D
Post Office Box 1737 - Southern Pines, NC 28388
February 11, 1993
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment,
Health and Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
RE: Town of Carthage
Wastewater Pumping System
Section 401 Certification
HUA No. CA9208.P
Dear Mr. Dorney:
N
M
FE B 12 1993
Enclosed are seven (7) copies of the Section 401 Certification application and project
vicinity maps on the above referenced project. The project is a result of the Town's
recent 201 Facilities Plan Update to pump the Town's wastewater to the Moore Water
and Sewer Authority outfall located in Southern Pines.
Also enclosed you will find a copy of the Nationwide permits received from the Corps of
Engineers. Recent conversations with Mr. Ken Averitte, Division of Environmental
Management-Fayetteville Regional Office, indicated that no problems were foreseen with
the construction of the proposed project.
Our receipt of the Section 401 Certification is a prerequisite to securing the funding
through the State Revolving Fund Program. Please do not hesitate to contact our office
if we may be of assistance during your review.
Sincerely,
UPCHURCH A
HOBBS, SSOCIATES, P.A.
Awe
Bill Lester, Jr., P.E
Encl.
cc: Billie M. Mackey, Mayor/Carthage
Sherwood Lapping, Commissioner/Carthage
Ken Averitte, DEM-Fayetteville
290 S.W. Broad Street Telephone [phone] Fax [phone]
DEM ID: 213U2 ACTION ID:
NATIONWIDE PER IT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTA
NC DEPARTMENT OF ENVIRON
AND NATURAL RESOURCE
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]

ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Town of Carthage
2. OWNERS ADDRESS: P.O. Box 842
. Carthage, NC 28327
3. OWNERS PHONE NUMBER (HOME):
N/A (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: [phone]
Ms. Billie Mackey, Mayor
Town of Carthage
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Moore
NEAREST TOWN OR CITY: Carthage/Southern Pines
-? SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
1) Little River - N.C. Highway 22
2) Nicks Creek - N.C. Highway 22
3) Mill Creek - N.C. Highway 22
6. NAME OF CLOSEST STREAM/RIVER: see (5) above
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
1,'S I, OR WS II? YES [XI NO [ ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
??OPERTY? YES ( ] NO -[x]
YES, EXPLAIN.
'-J. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
h:ETLANDS, LOCATED ON PROJECT SITE: 0.33 AC
6/10/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0.00
DRAINED: 0.00
FLOODED: 0.00
EXCAVATED: 0.33
TOTAL IMPACTED: 0.33
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Installation of sanitary
sewer force main serving the Town of Carthage.
13. PURPOSE OF PROPOSED WORK: Sanitary Sewer Improvements
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Not only is the proposed project the most feasible means of
sewage disposal for the Town, it cannot be completed without crossing
some wetlands. This project minimizes the effect.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR-LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [x] NO [
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL, WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Highway
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Pump to MOWASA via proposed force main.
/o o
ER'S SIGNATU
FIGURE 5.1 CARTHAGE 201 FACILITIES PLAN
PUMP UNTREATED WASTEWATER
TO MOWASA

I
1
FIGURE 5.2
PUMP UNTREATED WASTEWATER
TO MOWASA
1 B 1
46
CARTHAGE 201 FACILITIES PLAN

FIGURE 5.3 CARTHAGE 201 FACILITIES PLAN
PUMP UNTREATED WASTEWATER
TO MOWASA

FIGURE 5.4 CARTHAGE 201 FACILITIES PLAN
PUMP UNTREATED WASTEWATER

Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 2, 1993
Action ID. 199301094 and Nationwide Permit No. 12 (Utility Line Backfill and
Bedding) and Nationwide Permit No. 26 (Headwaters and Isolated Waters)
Town of Carthage
c/o Hobbs, Upchurch and Associates
ATTN: Mr. Bill. Leiter
Post Office Box 1737
Southern Pines, North Carolina 28388
Dear Mr. Lester:
93119
' .._•-_ (LI:' 1YJ
,11 - 5- '

Thank you for your inquiry of October 13, 1992, regarding the Town of
Carthage's plans to install approximately 12 miles of force main and two pump
stations, in conjunction with the Town's 201 Facilities Plan Update, in Moore
County, North Carolina.
The proposed work involves the crossing of Killett's Creek just west of
the S.R. 1240 bridge, the crossing of the Little River and Wads Creek on the
west side of N.C. 22, the crossing of Nick's Creek on the east side of N.C.
22, and the crossing of Mill Creek on the east side of N.C. 22. One of the
pump stations will be located in wetlands adjacent to a headwater tributary of
Wads Creek. The entire project will impact approximately 1/3 of an acre of
wetlands.
From the plans you provided, Mr. Jeff Richter of my staff has determined
that the sewer line crossings can be authorized by our Nationwide Permit No.
12, and the fill associated with the pump station can be authorized by our
Nationwide Permit No. 26.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization, pursuant to Section 404 of the Clean Water Act, was provided
for the discharge of material for backfill or bedding for utility lines,
including outfall and intake structures, provided there is no change in
pre-construction contours.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management. You should contact Mr. John Dorney, telephone [phone],
regarding this certification. This NWP does not relieve you of the
responsibility to obtain other required State or local approval.
-2-
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP authorization expires or is suspended or revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
Questions or comments may be addressed to Mr. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. a n&ti ht
hie , Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Bo:: 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
NWP 12
GENERAL CONDITIONS
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. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through tha area, unless the
activity's primary purpose is to impound water.
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 which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Mild 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. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest 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 Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. 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
-2-
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which 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 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)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
14. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
15. Suitable Material.. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
--3-
17. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
18. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
19. Adverse impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts or the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
The temporary placement of excavated or fill material in waters or wetlands
will be for the absolute minimum period of time necessary to accomplish the
work.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
REGIONAL CONDITIONS
1. Notification to the Wilmington District Engineer will be required, and the
applicant must receive written approval before starting work.
a. The prospective permittee must notify the District Engineer as early
as possible and shall not begin the activity:
-4-
(1) until notified 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 by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received 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. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number 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 related
activity; and
(4) A delineation of affected special aquatic sites, including
wetlands.
2. Restoration plans, including a schedule for the restoration, shall be
submitted to the District Engineer at the time of notification.
3. The total width of the access corridor, excavation, and temporary fill
area is restricted to no more than 40 feet and must be minimized to the
maximum extent practicable. For site specific projects, such as foundation
construction for transmission towers, construction areas will be limited to no
more than 150 feet square per site and preexisting contours must be
reestablished.
4. All utility lines must be either completely elevated or buried so as not
to impact hydrology.
5. Stabilization is required immediately on completion of each individual
crossing.
-5-
STATE CONSISTENCY CONDITIONS
1. To be eligible for this permit, all utility lines must be either
completely elevated or buried so as not to impact hydrology.
2. Removal of temporary excavated or fill materials in waters or wetlands and
stabilization is required immediately on completion of each individual
crossing.
3. Proposed fill or substantial modification of wetlands and waters is
limited to 40 feet in width under this permit and must be minimized to the
maximum extent practicable.
4. Permanent access corridors shall be restricted to the minimum width
practicable and may not exceed 10 feet in width except in locations specified
on maps for vehicular access purposes.
5. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
6. The applicant must receive written concurrence from the North Carolina
Division of Environmental Management that the proposal is certified under the
Section 401 Water Quality Certification Program.
7. If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management that the activity is consistent with the North Carolina
Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of wetlands and waters is
limited to 40 feet in width and must be minimized to the maximum extent
practicable.
2. Written concurrence is required from the North Carolina Division of
Environmental Management.
3. Permanent access corridors shall be restricted to the minimum width
practicable and may not exceed 10 feet in width except in locations specified
on maps for vehicular access purposes.
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4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Work plans must be legible and sized to 8-1/2 by 11 inches.
6. Measures shall be taken to prevent live or fresh concrete from coming into
contact''with waters of the State until the concrete has hardened.
7. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
8. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.
NWP 26
GENERAL CONDITIONS
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. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic lifts indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
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 which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
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. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest 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 Certification. In certain states, an individual state
water quality certification must be obtained or waived.
1.0. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. 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, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
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be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which 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 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)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified 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 by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received 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. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
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(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a.) The USFWS/NMFS regarding the presence of any Federally listed
(or proposed for listing) endangered or threatened species or critical habitat
in the permit area that may be affected by the proposed project; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. -Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
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20. Adverse impacts from Lpound¦ents. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
REGIONAL CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this permit for livestock and domestic animal waste treatment
facilities is not allowed.
STATE CONSISTENCY CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this nationwide permit for waste disposal facilities is not
authorized.
3. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
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4. Proposed fill of greater than one acre in SA, trout, ORW, WS-1 and WS-2
HQW watersheds requires public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
5. For activities resulting in the loss of waters of the United States
greater than 1/3 of an acre, the applicant must receive written concurrence
from the North Carolina Division of Environmental Management that the proposal
is certified under the Section 401 Water Quality Certification Program.
6. If the proposed activity is within the North Carolina Coastal Area and the
activity will result in the loss of waters of the United States greater than
1/3 of an acre, the applicant must receive written concurrence from the North
Carolina Division of Coastal Management that the activity is consistent'with
the North Carolina Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than 1/3 of an acre
of such waters, including wetlands, requires a written concurrence from the
North Carolina Division of Environmental Management.
2. Proposed fill or substantial modification of equal to or less than 1/3
of an acre of such waters, including wetlands, does not require written
concurrence from the North Carolina Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and
WS-II watersheds require public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
6. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.