BUILDING STRONG ® 1 Regional General Permit (RGP) 31 Interagency Meeting June 11, 2015

BUILDING STRONG ® 2 What Kind of Projects/Activities Can be Authorized by General Permits? Activities that are substantially similar in nature and cause only minimal individual and cumulative environmental impacts. The Corps determines if impacts are minimal.

BUILDING STRONG ® 3 Why Did the Corps Revise RGP 31?  Experience with NCDOT projects has demonstrated that many similar projects have no more than minimal environmental impacts, both individually and cumulatively.  RGP 31 will allow: efficient evaluation of similar projects that have only minimal environmental impacts the Corps and review agencies to direct limited resources toward reviewing projects that have greater environmental consequences, and construction of vital infrastructure projects in the State of North Carolina to proceed without unnecessary delays.

BUILDING STRONG ® 4 What is a Single and Complete Linear Project? Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the U.S. (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of this RGP. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Note – this is the same definition/rationale that is used for NWP 14

BUILDING STRONG ® 5 What Does the Revised and Reissued RGP 31 Authorize? a. Construction, maintenance, and repair of bridges b. Best-fit widening projects that have completed the Merger Process c. Minor widening projects, such as paving and/or widening secondary roads, or interchange improvements d. Stream relocations associated with these projects

BUILDING STRONG ® 6 What Does RGP 31 Authorize? a. Construction, maintenance, and repair of bridges, to include work on the approaches, where permanent impacts resulting in a loss of waters of the U.S. will be less than or equal to 500 linear feet (lf) of stream and/or one (1) acre of wetland/non-tidal open water for each single and complete linear project.

BUILDING STRONG ® 7 What Does RGP 31 Authorize? b. Best-fit widening projects that have undergone interagency review and completed the current interagency Merger Process, which merges the requirements of the National Environmental Policy Act (NEPA) with those found within Section 404 of the Clean Water Act (CWA). While there is no impact threshold for these widening projects, the Corps has the discretion to require an individual permit if it determines that the proposed impacts will have more than a minimal impact on the aquatic environment or on other environmental factors, or if the project would normally require an Environmental Impact Statement (EIS) under current Federal Highway Administration (FHWA) guidelines. Best-fit projects may include a small amount of new location roadway for components such as interchanges or intersections, provided the new location portion has been concurred upon by the merger team.

BUILDING STRONG ® 8 What Does RGP 31 Authorize? c. Minor widening projects, such as paving and/or widening secondary roads, or interchange improvements, when permanent impacts which result in a loss of waters of the U.S. from installation and/or extension of culverts and/or pipes will be less than or equal to 500 lf of stream and/or one (1) acre of wetland/non-tidal open water for each single and complete linear project.

BUILDING STRONG ® 9 What Does RGP 31 Authorize? d. Stream relocation(s) associated with projects identified in a-c above. Stream relocation lengths are to be evaluated independently and are not included within each respective maximum limit threshold for the authorized actions stated above.

BUILDING STRONG ® 10 Discretionary Authority General Condition 2.w. - the Corps may determine that RGP 31 will not be applicable to a specific proposal; in those cases, NCDOT will need to apply for an individual permit. This case-by-case determination will be based on a number of considerations, including, but not limited to, location, scope of project, amount and type of impact to waters of the U.S. (W0US), quality of WOUS, distribution of impacts to WOUS in relation to project length, water quality issues, proposed mitigation, etc. RGP 31 contains twenty-one (21) special conditions and thirty-two (32) general conditions to avoid or limit adverse environmental impacts.

BUILDING STRONG ® 11 Q & As Q: Are bank stabilization and construction of floodplain benches temporary impacts? A: No; both are permanent “impacts,” but neither are “losses.” For RGP 31, losses of WOUS result from permanent, adverse effects from filling, flooding, excavation, or drainage caused by the regulated activity. These losses include discharges that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. WOUS temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of WOUS.

BUILDING STRONG ® 12 Q & As Q: Since bank stabilization activities and floodplain benches are permanent impacts, do impact amounts from these activities factor into the 500’ and/or 1 acre thresholds for many of the activities authorized by RGP 31 at each single and complete project/crossing? A: No, impacts from these activities do not factor into the 500’ and/or 1 acre thresholds. The 500’ and/or 1 acre thresholds are for permanent “losses,” not permanent “impacts.” Note that in the event that the Corps determines that proposed permanent impacts (even permanent impacts that are not permanent losses, such as bank stabilization), would result in more than minimal individual and cumulative adverse effects on the environment, the project, as proposed, cannot be authorized by RGP 31. If this occurs, NCDOT can either revise the project (to qualify for use of RGP 31) or apply for an Individual Permit.

BUILDING STRONG ® 13 Q & As Q: Does RGP 31 authorize temporary impacts? A: Yes Q: What is the limit for temporary impacts? A: There are no stated limits for temporary impacts, but each proposed project will be reviewed by the Corps prior to authorization; in the event that the Corps determines that proposed temporary impacts would result in more than minimal individual and cumulative adverse effects to the environment, the project, as proposed, cannot be authorized by RGP 31. If this occurs, NCDOT can either revise the project (to qualify for use of RGP 31) or apply for an Individual Permit.

BUILDING STRONG ® 14 Q & As Q: Once NCDOT submits a PCN, is a project automatically authorized under RGP 31 if NCDOT doesn’t hear back from the Corps within a certain timeframe (e.g., 45 days, 60 days, etc.)? A: No. In accordance with special condition 1.a., NCDOT must receive written verification from the Corps that the proposed work complies with RGP 31 prior to commencing any activity authorized by RGP 31. The Corps will make every effort to issue a decision within 60 days from receipt date of PCN; however, there are situations that will require additional time, including but not limited to, resolution of outstanding issues such as incomplete consultation (e.g., Section 7 ESA, Section 106 NHPA, EFH, etc.), or if NCDOT does not provide additional information requested by the Corps.

BUILDING STRONG ® 15 Questions?