20100619 Ver 1_Application_20120608

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S1 ATE of NORTH CARD! INA
DEPARTMENT OF TRANSPORTATION
Bevel ly E Purdue Gent Conti
GOVCRNOR SF(-R1 ]A[ l
Ma/ 29 2012
US At my Corps of Engineers � O
Regulatory Field Office ' O
Post Office Box 1000
Washrn,ton N C 27889 1000
Attention Bill Biddlecome
Subject Request for a NW 14 Permit and DWQ 401 modific itlon tot a curve ielocation on Cohn,ton Road
(SR 1217) in Dare County
The North Carolina Depaitment of Transportattvn i� requesting a peimrt modrftc 1tton to NW 14
permit # SAW 2010 01245 and coire�,pondin` DWQ certification # 20100619 This modification is for
additional temporary impacts tesultin, in 0 016 aces (71 1 q ft ) of hand clearing 1 he hand cleat in, is
being done to improve the contractor s ability to install the road shoulders and provide room for erosion
control installation and maintenance Once the, project is complete the hand cleared areas will be allowed to
revert back to wetland status
Included with this letter ate the location map modified permit drawings and a copy of the issued
permit It you have questions or need additional it-formation plea e call me at (2-)2) 482 7977 Permit tees
can be charge to WBS # 41682
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� Sincerely
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Jetty Jennin,s
Actin, Division One En,ine,et
Clay Wflht, 1 C/aN° '
Division One Envr nmental Othcet
Cc Garcy Ward DWQ
Sonia Gregory DWQ
Scott Fenwick NCDOT

Determination of Jurisdiction
Based on preliminary information there appear to be waters of the US including wetlands within the above described project area
This prelimmary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1)
❑ 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 m 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
X There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations this
determination may be relied upon for a period not to exceed five years from the date of this notification
❑ The. jurisdictional areas within the above described project area have been identified under a previous action Please reference
.jurisdictional determination issued Action ID
Basis of Junsdictional Determination This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation
Manual and is part of a broad continuum of wetlands connected to Colm2ton Cut which is a tributary to the Albemarle
Sound
Appeals Information (This information applies only to approved ,jurisdictional determinations )
Attached to this verification is an approved jurisdictional determination If you are not in agreement with that approved, jurisdictional
determination you can make an administrative appeal under 33 CFR 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 following address
District Engineer Wilmington Regulatory Division
Attn Bill Biddlecome Project Manager
Washington Regulatory Field Office
P O Box 1000
Washington, North Carolina 27889
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 3315 and that it has been received by the District Office within 60 days of the date of the NAP Should you
decide to submit an RFA form it must be received at the above address by 10/25/2010
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence **
Corps Regulatory Official
Date 08/25/2010
Expiration Date 8/25/2015
SURVEY PLATS FIELD SKETCH WETLAND DELINEATION FORMS PROJECT PLANS ETC MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM IF REQUIRED OR AVAILABLE
Copy Furnished
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Additional Special Conditions
Action I D # SAW - 2010 -01245 - NCDOT Division 1 Road Relocation on NCSR 1217
(Colington Road), Dare County NC
a) Compensatory mitigation for the unavoidable impacts to 0 214 acres of non -riparian
wetlands shall be provided by the Ecosystem Enhancement Program (EEP) as
outlined in the letter dated August 16 2010, from William D Gilmore EEP
Director Pursuant to the Tri —Party Memorandum of Agreement (MOA) between
the NC Department of Environment and Natural Resources, the NC Department of
Transportation and the US Army Corps of Engineers executed on March 8, 2007
and in accordance with Section X of Amendment No 2 to the MOA the EEP will
provide 0 428 acres of restoration equivalent non -npanan wetlands in the
Pasquotank River Basin (Hydrologic Cataloging Unit 03010205) For wetlands, a
mimmum of 1 1 (unpact to mitigation) must be in the form of wetland restoration
The NCDOT shall within 30 days of the issue date of this permit, certify that
sufficient funds have been provided to EEP to complete the required mitigation
pursuant to Paragraph V of the MOA
b) All excavated materials will be confined above normal lugh water and landward
of regularly or irregularly flooded wetlands behind adequate dikes or retaining
structures to prevent spillover of solids into any wetlands or surrounding waters
c) Except as authorized by this permit or any USACE approved modification to tlus
permit, no excavation, fill or mechanized land - clearing activities shall take place
at any time in the construction or maintenance of this project, within waters or
wetlands or any activities that cause the degradation of waters or wetlands except
as authorized by this permit or any modification to this permit This pernut does
not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area There shall be no excavation
from waste disposal into or degradation of jurisdictional waters or wetlands
associated with this permit without appropriate modification of this permit,
including appropriate compensatory mitigation This prohibition applies to all
borrow and fill activities connected with this project
d) To ensure that all borrow and waste activities occur on high ground and do not
result in the degradation of adjacent wetlands and streams except as authorized by
this permit, the permittee shall require its contractors and/or agents to identify all
areas to be used to borrow material, or to dispose of dredged fill, or waste material
The permittee shall provide the USACE with appropriate maps indicating the
locations of proposed borrow or waste sites as soon as the permittee has that
information The permittee will coordinate with the USACE before approving any
borrow or waste sites that are within 400 feet of any streams or wetlands The
permittee shall ensure that all such areas comply with condition (c) of tlus permit

and shall require and maintain documentation of the location and characteristics of
all borrow and disposal sites associated with this project This information will
include data regarding soils vegetation and hydrology sufficient to clearly
demonstrate compliance with the preceding condition (c) All information will be
available to the USACE upon request NCDOT shall require its contractors to
complete and execute reclamation plans for each waste and borrow site and provide
written documentation that the reclamation plans have been implemented and all
work is completed This documentation will be provided to the Corps of Engineers
within 30 days of the completion of the reclamation work
e) The permittee shall require its contractors and/or agents to comply with the
terms and conditions of this permit in the construction and maintenance of this
project and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this permit A copy of
this permit including all conditions and any Corps approved modifications shall be
available at the project site during construction and maintenance of this project
f) Any violation of these conditions or violations of Section 404 of the Clean Water
Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District U S Army Corps of Engineers within 24 hours of the
violation
g) All work authorized by this permit must be performed in strict compliance with the
plans which were submitted with the permit application and are considered part of
this permit Any modification to these plans must be approved by the US Army
Corps of Engineers (USACE) prior to implementation
h) Failure to institute and carry out the details of special conditions a - g above may
result in a directive to cease all ongoing and permitted work within waters and/or
wetlands associated with this project or such other remedy as the District
Engineer or his authorized representatives may seek

AT7,'vKyAwA
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
September 10 2010
Dare County
NCDWQ Project No 20100619
Road improvements on SR 1217
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Clay Willis
NCDOT Division One
113 Airport Drive Suite 100
Edenton NC 27932
Dear Mr Willis
You have our approval m accordance with the conditions listed below for the following impacts for the purpose of
the relocation of a section of SR 1217 (Colmgton Road) in Dare County
Wetland Impacts in the Pasquotank River Basin
Site
Wetland Fill
ac
SR 1217
0 214
The project shall be constructed in accordance with your application dated received July 29 2010 After reviewing
your application we have decided that these impacts are covered by General Water Quality Certification Number
3820 This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers 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 NCDWQ 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 m 15A NCAC 2H 0506 (h) (6) and (7)
Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 213 0200
For this approval to remam valid, you must adhere to the conditions listed in the attached certification
North Carolina Division of Water Quality Internet www timaterqualay or, One
943 Washington Square Mall Phone [phone] NorthCarohna
Washington NC 27889 FAX [phone] Naturally
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An Equal OpportundjlArmatnre Action Employer — 50 /6 Recyded110% Post Consumer Paper s`

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SR 1217 Colington Road Curve Relocation
Dare County Quadname Kitty Hawk
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW- 2010 -01245 County: Dare USGS Quad: Kitty Hawk, NC
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: NCD_ OT, Jerry Jennings, Division Engineer
Address: 113 Airport Drive
Suite 100
Edenton, North Carolina 27932
Telephone No.: (252) 482 -7977
Size and location of property (water body, road name /number, town, etc.): The project area includes relocating
approximately 500 linear feet of roadwav located on NCSR 1217 Wolington Road) starting approximately 300 feet
west of Williams Drive and ending approximately 350 feet east of Sandpiper Drive, adjacent to and abutting
jurisdictional wetlands to Colington Cut and the Albermarle Sound.
Description of projects area and activity: Relocate approximately 500 linear feet of roadway to realign a curve in the
existing roadway which is considered a safety hazard resulting in a new alignment with improved site distances
and reduced curvature. The project will impact 0.21 acres of jurisdictional wetlands. Note - See attached
Additional Special Conditions.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW # 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 will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
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 Bill Biddlecome at (910) 251 -4558.
Corps Regulatory Official % 0 Date: 08/25/2010
Expiration Date of Verification: 03/18/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at http:/ re,:ulatorv.usacesurve�.corn;' to complete the survey
online.
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