20060286 Ver 1_Complete File_20060331

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March 31, 2006
Halifax County
DWQ Project No. 20060286
NC 48 Widening
State Project 46494
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Ricky E. Greene, Jr., P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr. Greene:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening NC Highway 48 in Halifax County:
Stream Impacts in the Tar-Pamlico River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
(linear ft)
14+05 20 20
15+10 20 20
21+65 20 20
31+25 20 20
Total 80 80
Total Stream Impact for Project: 80 linear feet.
Tar-Pamlico Riparian Buffer Impacts
Site Zone 1
Impact
(sq ft) minus
Wetlands
in Zone 1
(s ft) = Zone 1
Buffers (not
wetlands)
(s ft) Zone 1 Buffer Zone 2
Mitigation Impa4
Required (sq ft)
(using 3:1 ratio) minus
Wetlands
in Zone 2
(s ft) = Zone 2
Buffers (not
wetlands)
(s ft) Zone 2 Buffer
Mitigation
Required (use
1.5:1 ratio)
14+05 1,419 0 1,419 N/A 860 0 860 N/A
21+65 1,483 0 1,486 N/A 895 0 895 N/A
31+25 1,280 0 1,280 N/A 800 0 800 N/A
Totals 4,182 0 4,182 N/A 2,555 0 2,555 N/A
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 6,737. square feet.
One
No
rthCarolina
Transportation Permitting Unit d vutllrQi'lit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: hftp://h2o.anr.state.nc.us/ncwetlands
Michael F. Easley, Governo
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Pnual nnnnrtunity/AHirmativa Artinn Fmnlnvar _ rnOl- Par rlarlH n0/ PnO r.nncnnwr Pancr
F WATF Michael F. Easley, Governor
\O?? RpG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
Division of Water Quality
The project shall be constructed in accordance with your application dated received February 22, 2006. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3404 and 3366. These certifications correspond to the Nationwide Permit 14 and Nationwide Permit 33
issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A
NCAC 2B.0250). In addition, you should acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification as well as those listed below.
1. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
2. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
3. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
4. The use of rip-rap above the high water mark shall be minimized. Any rip-rap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
5. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
6. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
7. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, qr other toxic materials.
8. No rock, sand or other materials shall be dredged from the stream\channel except where authorized by this
certification.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
10. NCDOT and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated,
or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
One
N,o
r hCarolina
Transportation Permitting Unit NUtllt'Qlly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: htto://h2o.enr.state.nc.us/ncwetlands
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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
11. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
12. The outside buffer, wetland or water boundary located within the construction corridor approved by this.
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
13. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed.
14. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
15. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
16. 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.
17. Sediment and erosion control measures shall not be placed in wetlan s or waters to the maximum extent
practical. If placement of sediment and erosion control devices in wetlan s and waters is unavoidable, they shall be
removed and the natural grade restored upon completion of the project.
18. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the
stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life
passage.
19. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
One
Np
ahCarolma
Transportation Permitting Unit Natmally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetiands
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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
20. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life.
Design and placement of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on
how to proceed and to determine whether or not a permit modification will be required.
21. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
22. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT
maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated,
with native woody species before the next growing season following completion of construction.
23. Pursuant to NCACI5A 2B.0259(6) , sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment
and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover,
sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
If you do not accept any of the conditions of this certification, 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 that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. 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 contact Rob Ridings at [phone].
S' cerely,
G
an W. Klimek, P.E.
Attachments (General Certification and Certificate of Completion form)
cc: William Wescott, US Army Corps of Engineers, Washington Field Office
Jamie Guerrero, Division 4 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
DWQ Raleigh Regional Office copy
File Copy
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Transportation Permitting Unit d ?'utuCQlly
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION 41 q? e
MICHAEL F. EASLEY LYNDO TIPPETT 'CH
GOVERNOR
DIVISION 4
February 13, 2006
Mr. William Wescott
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
(Two Copies)
Ms. Nicole Thomson
Wetlands/401 Unit
SF,CRETARY
060286
NC DENR Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604
(Seven Copies)
SUBJECT: Halifax County, Widening of NC 48
WBS Element: 46494
Dear Sir or Madam:
The North Carolina Department of Transportation (NCDOT) proposes to widen and add a
center turn lane to NC 48 in compliance with standard safety design specifications. This
activity will result in impacts to streams due to the replacement and extension of
crossline pipes to facilitate travel lane and shoulder widening. The NCDOT anticipates
that the pipe replacement activities will be authorized under Nationwide Permit (NWP) 14
and 33, and temporary losses to the waters will be minimized by the use of sheet pile
cofferdams being placed within the proposed impact area. The sheet pile cofferdams will
be removed immediately upon completion of the crossline pipe replacements. This
application is also intended as request for written authorization from the NC Division of
Water Quality to replace the pipes under General Water Quality Certificate # 3404 (NWP
14). The following information is being provided to satisfy Nationwide Permit Condition
Post Office Box 3165, Wilson, North Carolina 27895-3165
Phone [phone] Fax [phone]
AID
13 (Federal Register January 15, 2002) and Condition 1 of General Water Quality
Certificate # 3404.
APPLICATION INFORMATION
Enclosed please find the Pre-construction Notification (PCN) Form and supporting
documentation for the above referenced project.
In accordance with North Carolina General Statute 143-215.3D(e) the following
information is being provided to facilitate payment of fees associated with the appropriate
Water Quality Certificate:
• Certificates being requested: #3404 (NWP 14) and #3366 (NWP 33)
• WBS Element: 46494
• Amount of fee: $200
PROJECT INFORMATION
Road Name SR Number Project Length 1 J)
miles
Classification
NC Hw 48 48 0.46 Rural
River Basin: I ID Water Quality Designation % New Impervious Surface
Tar-Pamlico 28-79-30-1 C
Buffer Rules Buffer Use Designation
Tar-Pamlico Allowable
Vrotecled Species Present Mapped Historic Properties
No No
_J d
PIPE REPLACEMENT INFORMATION
Site (Station) tf 1 14 +05 L- Map Status Shown on lopo and ssurvey
Existing RCP Proposed RCP
Diameter (in) 48 Diameter 48
Length (ft) 68 Length 88
Construction
Method
Low flow installation Dewatering

*

sheet pile
Device
Burial Depth 16 Inches Substrate Sandy loam ---
Construction Date ASAP Duration One week
Impacts (fl.) 20-piped; -rip-rap protection ; -temporary
Comments Dewatering, if needed, will be accomplished by the use of sheet piles.
Within 15 working days of the of the pipe replacement all cofferdams will be entirely removed and natural stream
Restoration Plan contours will be restored and seeded. Temporary silt screens placed in intermittent channels will be cleaned and
removed following vegetation establishment.
kip - n-i„r,..,•,. t o : .. ?.? - - .-
_, .... 11 .. L,,,,, 1.11 . I„t,,,, --, „- ?urrugatcu muar pipe arcn; _ 11 needed.
Site (Station) 02 15 f 10 L-
- Map Status Shown on topo and ssurvcy
Existing RC II Proposed RCP -- -
Diameter (in) 48 Diameter 48
Length (fl) 64 Length 84
Construction
Low flow installation Dewatcring
sheet pile
Method ice*
Device*
Burial Depth 16 Inches Substrate Sandy loam
Construction Date ASAP
- - Duration One week
Impacts (li.) 20-piped; -rip-iap protection ; -temporary
Comments Dewatering, if needed, will be accomplished by the use of'shcet piles.
Within 15 working days of the of the pipe replacement all cofferdams will be entirely removed and natural stream
Restoration Plan contours will be restored and seeded. Temporary silt screens placed in intennittent channels will be cleaned and
removed following vegetation establishment.
K( P _ reinforced concrete pipe; CMP =- Corrugated metal pipe; CMPA - Corrugated metal pipe arch; * If needed.
Site (Station) 43 21 +65 L- Map Status Shown on topo only
Existing RCP Proposed RCP
Diameter (in) 18 Diameter 36
Length (ft) 56 Length 76
Construction Low flow installation Dewatcring sheet pile
Method Devicc*
Burial Depth 12 Inches Substrate Sandy loam
Construction Date ASAP Duration One week
Impacts (Q.) 20-piped; -tip-rap protection ; -temporary
Comments Dewatering, if needed, will be accomplished by the use ol'shect piles.
Restoration Plan Within 15 working days of the of the pipe replacement all cofferdams will be entirely removed and natured stream
contours will be restored and seeded. Temporary silt screens placed in intennittent channels will be cleaned and
removed following vegetation establishment.
K( :v _- reinforced concrete pipe; ('MP - C'onugated metal pipe; CMPA = Corrugated metal pipe arch; * If needed.
Site (Station) H4 31 +25 -l: Map Status Shown on topo and survey
Existing RCP Proposed RCP
Diameter (in) 30 Diameter 42
Length (ft) 60 Length 80
Constuction
Method
Low flow installation Dewatering

*
sheet pile
Dcvicc
Burial Depth 14 Inches Substrate Sandy loam
Construction Date ASAP Duration One week
Impacts (ft.) 20-piped; -rip-rap protection ; -temporary
Comments Dewatering, if needed, will be accomplished by the use of sheet piles. Shcet piles will be placed within the
proposed 0.421 acre impact area.
Restoration Plan Within 15 working days of the of the pipe replacement all cofferdams will be entirely removed and natural stream
contours will he restored and seeded. Temporary silt screens placed in intermittent channels will be cleaned and
removed following vegetation establishment.
KCP = reinforced concrete pipe; CMP = Corrugated metal pipe; CMPA = Corrugated metal pipe arch; * If needed.
FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list four federally protected species for
Halifax County (Table 1).
Table I- Federally Protected Species of Halifax County
Federal Habitat Biological
Common Name Scientific Name Status Present Conclusion
Red-cockaded Picoides borealis E N No Effect
woodpecker
Bald eagle (Haliaeetus E N No Effect
leucocephalus)
Dwarf wedge mussel Alasmidonta heterodon E N No Effect
Tar spiny mussel Elliptio steinstansana E N No Effect
No element occurrences are listed on the NHP database within one mile of the project
area. During the onsite visit, it was determined that there was no habitat suitable for the
Bald eagle nor were there pine trees suitable for RCW foraging or nesting are in, or
adjacent to, the project area. There was also no habitat suitable for the Dwarf wedge
mussel or Tar spiny mussel. This project is not likely to jeopardize the continued
existence of any of the federally protected species listed in Halifax County.
No sites eligible for listing on the National Register occur within the area of potential
effect. This project will not affect listed or eligible historic properties.
MINIMIZATION INFORMATION
Impacts will be minimized by strict enforcement of Best Management Practices for the
protection of surface waters and wetlands, restrictions against the staging of equipment in
or adjacent to waters of the US, and coordination (including a pre-construction meeting)
with the Division Environmental Officer.
MITIGATION INFORMATION
Mitigation for stream impacts will be provided by the North Carolina Ecosystem
Enhancement Program (EEP) per the Memorandum of Agreement dated July 22, 2003.
There are no impacts to wetlands. Total stream impacts (80 LF) will be reported to the
EEP following the end of the quarter as required by the September 1, 2004 guidance from
the U.S. Anny Corp of Engineers District Office in Wilmington.
If you have any questions or need any additional information, please contact Jamie
Guerrero at [phone]. Your time and effort are appreciated.
Respectfully yours
R. E. Greene, Jr., PE
Division Engineer, Division 4
cc: Mr. Jamie Guerrero, Division Environmental Specialist
Mr. Ronnie Keeter, P.E., District 1 Engineer
Mr. Bobby Lewis, P. E., NCDOT Division Maintenance Engineer
Mr. Franz Enders, P.E., Assistant District 1 Engineer
Ms. Katie Simmons, Roadside Environmental Field Operations Technician
Office Use Only: Form Version October 2001
20060286
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14,33
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Mr. Ricky E. Greene Jr. P.E. Division Engineer
Mailing Address: North Carolina Department of Transportation/Division 4
P.O. Box 3165
Wilson, NC 27895-3165
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: rgreene(ir dot. state. nc.us
2. Agent 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: Mr. Jamie Guerrero
Company Affiliation: Environmental Specialist
Mailing Address:_ North Carolina Department of Transportation/Division 4
P.O. Box 3165
Wilson NC 27895-3165
Telephone Number: [phone] Fax Number:_ [phone]
E-mail Address: iguerreroCa)dot.state. nc.us
Page 5 of 12
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
USAGE requires infonnation 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: NC 48
2. T.I.P. Project Number or State Project Number (NCDOT Only)
3. Property Identification Number (Tax PIN): NA
4. Location
County: Halifax Nearest Town: Roanoke Rapids
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take NC 48 South out of
Roanoke Rapids. After 6.5 miles, you have reached the project.
5. Site coordinates, if available (UTM or Lat/Long):Thelma Quad Map: 36.3843N 77.7907W,
36.3845N 77.7905W, 36.3853N 77.7887W, 36.3865N 77.7858W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Rural,
emergency services, school timber
7. Property size (acres): NA
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Marsh Swamp (DWQ ID #
28-79-30-1 C, Sw, NSW)
9. River Basin: Tar-Pamlico
(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/adinin/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: Road grading, drainage, base paving and
erosion control to widen existing 2 lane section to 3 lanes to provide turning lane for left
turns into school.
11. List the type of equipment to be used to construct the project: Heavy construction
equipment (backhoe, excavator, dump truck bulldozer, grader)
12. Describe the land use in the vicinity of this project: Rural emergency services, school
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 pennits,
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.
NA
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:
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
1. Wetland Impacts
Page 7 of 12
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htt )://www.l'ciiia.Lov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: NA
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent'?
( leasespecify)
14+05 - L- 48" RCP 20 UT to Marsh Swamp 4 feet Intermittent
15+10 -L- 48" RCP 20 UT to Marsh Swamp 6 feet Intermittent
21+65 -I. 36" RCP 20 UT to Marsh Swamp 3 feet Intermittent
31+25 -L- 42" RCP 20 UT to Marsh Swamp 3 feet Intermittent
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 80
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

Lisi caul nnpact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 12
4. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
All wetlands or surface waters not affected by the project will be protected from unnecessary
encroachment. No staging of construction equipment will be allowed in or near wetlands or
waters of the U.S. Strict enforcement of sedimentation and erosion control Best Mana ement
Practices for the protection of wetlands and surface waters will be enforced during projec
construction.
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 March 9, 2000, 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.
Page 9 of 12
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 NCWRP 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/ncwctlands/stnngide.htm1.
IX.
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.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://112o.eiir.state.nc.us/wrp/index.htni. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
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 ? No
Page 10 of 12
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 (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Tar-Pamlico )?
Yes ® No ? If you answered "yes", provide the following information:
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 4182 3
2 2555 1.5
Total 6737
Lone i extends out 30 teet perpendicular trom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Page 11 of 12
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
Temporary dewatering and all appropriate best management practices for sediment and erosion
control will be implemented during pipe replacement.
XII. Sewage Disposal (DWQ Only)
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. 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).

Applicant/Agebt'-Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Thelma quadrangle M=-9.614
Projection is UTM Zone 18 NAD83 Datum G=-1.654

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT 000"t
Action ID. 200610577 County: Halifax USGS Quad: Thelma
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: North Carolina Department of Transportation
Address: attn: Ricky Greene
Post Office Box 3165
Wilson, NC 27895-3165
Telephone No.: 252-237-6164
Size and location of property (water body, road name/number, town, etc.): Project areas are located on NC 48 near
Northwest High School, southwest of Roanoke Rapids, Halifax County, North Carolina.
Description of projects area and activity: The project involves culvert extensions on four tributaries to Marsh
Swamp. The purpose for culvert extensions is to widen NC 48 and provide a turning lane into the school for safety
reasons.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pen-nit Number:
Nationwide Permit Number: 14
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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. 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 new and/or modified terns and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
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 (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
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 William Wescott at 252-975-1616 extension 31.
Corps Regulatory Official Date: 03/21/2006
Expiration Date of Verification: 03/18/2007
O?
?q%q *6'
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age 1 of 8
Determination of Jurisdiction:
A. ? 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).
B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act 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.
C. ® 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.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Marsh Swamp connects to Beech Swamp which connects to Fishing Creek which
connects to the Tar River.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CPR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 33 1.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at tine above address by 5/19/2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 03/21/2006
Copy Furnished:
NCDOT, Division 4 Environmental Officer
NCDWQ, John Hennessy, Wetlands/401 Unit
age2of8
Action ID Number:200610577 County:Halifax
Permittee: NCDOT
Date Permit Issued: 3/21/2006
Project Manager: William Wescott
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
WASHINGTON REGULATORY FIELD OFFICE
Post Office Box 1000
Washington, NC 27889
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
age 3 of 8
JURISDICTIONAL D1 TFI MINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CIiSAW-RU-W
FILE NUMBER: 200610577
PROJECT LOCATION INFORMATION:
State: NC
County: Halifax
Center coordinates of site (latitude/longitude): 36.3843 N 77.7907 W
Approximate size of area (parcel) reviewed, including uplands: LO acres.
Name of nearest waterway: Marsh Swamp
Name of watershed: Tar-Pamlico River Basin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination [ Date:
Site visit(s) Datc(s): 3/16/2006
Jurisdictional Determination (JD):
Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the United States" and/or
"navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331).
F] Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
There are "waters of the United States" (as defined by 33 CPR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 80 linear feet.
[ There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DE'T'ERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
E] The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined tinder 33 CFR part 328.3(a) as "waters of the United States":
(I) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands.
® (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate
commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
E (6) The presence of territorial seas.
(7) The presence of wetlands adjacene to other waters orthe US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). if the jurisdictional water or wetland is not
itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of
Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is
navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. lf'B(7) is used as the Boris of.furisdiction, document the rationale used to
make adjacency determination: Marsh Swamp connects to Beech Swamp which connects to Fishing Creek which connects to the Tar River.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Z Ordinary Ifigh Water Mark indicated by: ? I Iigh Tide Line indicated by:
® clear, natural line impressed on the bank ? oil or scum line along shore objects
® the presence of litter and debris ? fine shell or debris deposits (foreshore)
age5of8
® changes in the character of soil
® destruction of terrestrial vegetation
® shelving
? other:
? physical markings/characteristics
? tidal gages
? other:
Mean High Watcr Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
? Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
? Headquarters declined to approvejurisdiction on the basis of 33 CFR part 328.3(a)(3).
? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water
meets the definition of waters of the United States found at 33 CFR 328.3(x).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
® Maps, plans, plots or plat submitted by or on behalf of the applicant.
? Data sheets prepared/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated , prepared by (company):
? This office does not concur with the delineation report, dated prepared by (company):
? Data sheets prepared by the Corps.
Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
U.S. Geological Survey 7.5 Minute Topographic maps: Thelma quad
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
? USDA Natural Resources Conservation Service Soil Survey:
National wetlands inventory maps:
[? State/Local wetland inventory maps:
? FEMA/FIRM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name & Date):
? Other photographs (Date):
? Advanced Identification Wetland maps:
® Site visit/determination conducted on: 3/16/2006
Applicable/supporting case law:
Other information (please specify):
Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
"File term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river
berms, beach duties, and the like are also adjacent.
age 6 of 8
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Applicant: NCDOT File Number: 200610577 Date: 3/21/2006
Attached is: 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
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SEC'TION'I -J'1 ie'U]owing td?ntities 01? l °rights and op tiotis'regardiiig an administrativi'r Lilit)Lal (),f the abo e
decision.-.,lddilion"t-1 info tnation.may be tourid,athtto://, w .usace army niil/inet/functions/c??-'cccy,,ro/reL, or
Corps regulations at-,33`'CFR' Part 331:; '
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terns 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 pen-nit 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) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its teens 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 forth and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section 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 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.
age 7 of 8
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 fiirther instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SEurION 11 - REQUEST FOR APPEAL€or OBJECTIONS TO ANJNITIAL PROFFERED PERMIJ
REASONS FOR APPEAI, 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. I lowever, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUE8TIONS?,,OR INFORMATION:
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:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review
attn: William Wescott Officer
Post Office Box 1000 CESAD-ET-CO-R
Washington, NC 27889 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:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
age 8 of 8