20191300 Ver 1_final signed U 5710 NW 23_20191009

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-00703 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Ms. Karen Colette, PE
NCDOT-Division 3 Engineer
Address: 5501 Barbados Blvd.
Castle Havne, NC 28429
Size (acres) 4.25
Nearest Waterway Onslow Bav
USGS HUC 03020302
Agent: Mr. Mason Herndon
NCDOT- Division 3 Env. Supervisor
5501 Barbados Blvd.
Castle Havne, NC 28429
Nearest Town Wrightsville Beach
River Basin Onslow Bay
Coordinates Latitude: 34.2278930160568
Longitude:-77.829976210102
Location description: The project (U-5710) location is near the intersection of Eastwood and Military Cut Off Roads,
New Hanover County.
Description of projects area and activity: The applicant is proposing a northwest quadrant connection between US 74
(Eastwood Road) and SR 1409 (Military Cutoff Road) which eliminates left turns from the main intersection thus
improving the efficiency of the intersection. This verification covers channel improvements to 91' of stream channel
(not a loss), 62' of stream relocation (self mitigating), and 372' of channel loss, requiring mitigation.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NW-23
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted application dated 9/30/2019 and attached permit drawings 1-9 of 9 dated
7/29/2019, 8/16/2019, 8/19/2019, and 8/21/2019. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty,
and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general
permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide
and/or regional general 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 and/or regional general 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 and/or regional general
permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or
regional general 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 Resources (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
in Morehead City, NC, at [phone].
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 Brad Shaver at [phone] or Brad.E.ShaverAusace.army.mil.
SHAVER.BRAD.E.127 Digitallysigned by
SHAVER.BRAD.E.1276601756 7,
Corps Regulatory Official: 6601756 Me: 2019.10.0915:30:43-04'00' Date: October 9, 2019
Expiration Date of Verification: March 18, 2022
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the
Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal
Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by
contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide
permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal
process concluded prior to the commencement of any work in waters of the United States and prior to any work that
could alter the hydrology of waters of the United States.
2. ❑ 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 (RHA) (33 USC § 403) and 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.
3. ❑ There are waters, including wetlands, within the above described project area that are 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.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action.
However, you may request an approved JD, which is an appealable action, by contacting the Corps for further
instruction.
5. ® The aquatic resources within the above described project area have been identified under a previous action. Please
reference the approved jurisdictional determination issued 5/17/2019. Action ID: SAW-2015-00703.
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Remarks: See attached special conditions and mitigation transfer form.
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 our Customer Satisfaction Survey, located online at
http://corpsmgpu.usace.gM.mil/cm_apex/Vp=136:4:0.
Copy furnished:
NCDEO-DCM attn: Ms. Joanne Steenhuis
NC DMS attn: Ms. Beth Harmon
USACE attn: Mr. Todd Tugwell

SAW-2015-00703
SPECIAL CONDITIONS
U-5710
Northwestern Quadrant Connection between US 74 and SR 1409
i . All work must be performed in strict compliance with the plans attached to the
application dated 9/30/2019 and updated plans sheet 1-9 of 9 dated 7/29/2019, 8/16/2019,
8/19/2019, and 8/21/2019 attached, which are authorized by this permit. Any modification
to the authorized permit plans must be approved by the USACE prior to implementation.
2. Failure to institute and carry out the details of the following special conditions, below,
will result in a directive to cease all ongoing and permitted work within waters and/or
wetlands associated with the permitted project, or such other remedies and/or fines as the
District Engineer or his authorized representatives may seek.
3. The permittee will ensure that the construction design plans for this project do not
deviate from the authorized permit plans. Any deviation in the construction design plans
will be brought to the attention of the Corps of Engineers, Wilmington Regulatory Field
Office prior to any active construction in waters or wetlands.
4. 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, and any authorized modifications.
A copy of this permit including the authorized plans referenced in Special Condition (1)
and authorized modifications, including all conditions, shall be available at the project site
during construction and maintenance of this project.
5. Except as authorized by this permit or any USACE approved modification to this
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 shall
any activities take place that cause the degradation of waters or wetlands. In addition,
except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within,
into, or out of waters or wetlands or to reduce the reach of waters or wetlands.
This permit does not authorize temporary placement or double handling of excavated or
fill material or construction equipment within waters or wetlands outside the permitted
area.
6. 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. All jurisdictional wetland lines on borrow and waste sites shall be
verified by the Corps of Engineers and shown on the approved reclamation plans. The
permittee shall ensure that all such areas comply with the preceding condition of this
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. 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.
8. This USACE permit does not authorize you to take a threatened or endangered species,
in particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to
legally take a listed species, you must have separate authorization under the Endangered
Species Act (ESA) (e.g., a Biological Opinion (BO) under the ESA, Section 7, with
"incidental take" provisions with which you must comply). The U.S. Fish and Wildlife
Service's (USFWS's) Programmatic BO titled "Northern Long-eared Bat (NLEB)
Programmatic Biological Opinion for North
Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina
(Divisions 1-8)," dated March 25, 2015, and adopted on April 10, 2015, contains mandatory
terms and conditions to implement the reasonable and prudent measures that are
associated with "incidental take" that are specified in the BO. Your authorization under
this USACE permit is conditioned upon your compliance with all the mandatory terms and
conditions (incorporated by reference into this permit) associated with incidental take of
the BO. Failure to comply with the terms and conditions associated with incidental take of
the BO, where a take of the listed species occurs, would constitute an unauthorized take,
and would also constitute non-compliance with your USACE permit. The USFWS is the
appropriate authority to determine compliance with the terms and conditions of its BO and
with the ESA.
SHAVER.BRAD.E. Digitally signed by
SHAVER.BRAD.E.1276601756
1276601756 Date: 2019.10.09 15:31:10 -04'00'
Brad Shaver

Action ID Number: SAW-2015-00703 County: New Hanover County
Permittee: Karen Collette
NCDOT-Division 3
Project Name: NCDOT / U 5710 / US 74 at SR 1409 / Eastwood at Military Cut Off / WBS
No. 50115.1.FS1 / Div 3
Date Verification Issued: October 9, 2019
Project Manager: Brad Shaver
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
Attn: Brad Shaver
69 Darlington Ave
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization and/or
issuing a Class I administrative penalty, or initiating other appropriate legal action.
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

Compensatory Mitigation Responsibility Transfer Form
Permittee: NCDOT-Division 3 Action ID: SAW-2015-00703
Project Name: U-S710, Northwestern Quadrant Connection between US 74 and SR 1409
County: New Hanover
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030001, White Oak River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
372
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030001, White Oak River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
372
Mitigation Site Debited: NC DMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
For NCDMS, list NCDMS. If the
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:

Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is
no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any
other mitigation requirements stated in the permit conditions.
Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the
USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility
for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of
Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this
form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible
for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing
the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records
for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager
(address below) is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the
USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency
Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version
of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF
Instrument.
Comments/Additional Conditions:
-the mitigation ratio is set as 1:1 as the intermittent stream impacted is no longer connected to its floodplain and there are no
wetlands along the reach.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the
Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager
at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105,
Wake Forest, NC 27587 (email: [e-mail]). Questions regarding this form or any of the permit conditions may
be directed to the USACE Project Manager below.
USACE Project Manager: Brad Shaver
USACE Field Office: Wilmington Regulatory Field Office
Email:
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Digital 'Red .1SHAVER.BRAD.E. .BAE.1276601756
0400 019.10.0915:31:36
1276601756
USACE Project Manager Signature
October 9, 2019
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation
bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at
http://ribits.usace.army.mi1.