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HomeMy WebLinkAbout20060126 Ver 1_Complete File_20060217o0? W AT F9Q? 7 GO `C 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 February 17, 2006 Johnston County DWQ No. 060126 MA No. 04071 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS Mr. R. E. Greene Division 4 Engineer PO Box 3165 Wilson, NC 27895 Dear Mr. Greene, You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacement of Bridge No. 44 over Little River on NC 39 in Johnston County: Stream Impact Table Site Stream Impacts - Temporary (linear feet) Stream Impacts - Permanent (linear feet) 15+56.14-L- 50 (bridge bents) 16+61.34-L- 50 (bridge bents) Total 100 Neuse River Buffer Impact Table Site Allowable Zone 1 (s q. ft.) Zone 2 (s q. ft.) Site 1 437 1,242 Site 2 (work bridge) 2,125 1,201 Site Totals 2,562 2,443 Total for Project 5,005 The project shall be constructed in accordance with your application dated received on January 20, 2006. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3494. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B .0233). 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. N6fthCarolina Transportation Permitting Unit AtuC6tll1,f 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or riparian buffers. 4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be .restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 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, or other toxic materials. 8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) 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. 10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 11.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 12.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 13.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 14.) All work shall be performed during low or normal flow conditions. 15.) 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. 16.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. A post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. 17.) Pursuant to NCACI5A 2B.0233(6) sediment and erosion control devices shall not be placed in Zone 4 of any Neuse 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. 18.) 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-awned 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. 19.) The post-construction removal of any temporary bridge structures will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species is required. 20.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. 21.) This approval will expire with the accompanying 404 federal permit. This condition supersedes condition No. 13 in the General Certification 3494. 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. 27699-6714. 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 Nicole Thomson at (919) 715-3415. racer ly, ?a Alan W. Klimek, P. . JH/njt Attachment cc: Wilmington District US Army Corps of Engineers Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office Division 4 Environmental Officer, PO Box 3165, Wilson, NC 27895 Mr. Garcy Ward, NC DWQ Washington Regional Office File Copy c:\Correspondence\2.006BridgeProjects\DWQ060126\021706wgc.doc a: `ry 4w l??'? STATE OF NORTH CAROLINA o? ?r??oFNk. 2s s9'y0 ?YgTF >?O sr R . 6 DEPARTMENT OF TRANSPORTATION ?Cy MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR Mr. William Wescott U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 (One Copy) Mr. John Hennessy Wetlands/401 Unit NC DENR Division of Water Quality 2321 Crabtree Blvd. Suite 250 Raleigh, NC 27604-2260 (Seven Copies) January 23, 2006 SECRETARY 060126 Subject: Nationwide 3 Notification and Buffer Authorization Request, for the demolition and reconstruction of Bridge No. 44, NC 39 over Little River, Johnston County. MA Project Number : 04071 Dear Sirs: Please find enclosed the Pre-Construction Notification for the above referenced project. The existing bridge (115-foot long) will be replaced with a new 200-foot long bridge on the existing alignment. Traffic will use an offsite detour during construction. There are impacts to buffers and Waters of the U.S./State associated with this project. The new bridge will completely span the creek and a much larger portion of floodplain. The bridge replacement will result in a better hydraulic opening and provide for increased wildlife passage beneath the future bridge. Little River is located in the Neuse River Basin and is classified by the Division of Water Quality at this bridge as WS-V NSW 27-57-(8.5). + 303-64 The bridge will be removed by sawing the deck and lifting it out in sections. We will excavate behind the end bents and fold them back, then remove them without dropping any components into the creek. Concrete and steel piles from the existing bridge will be cut off at the mud line of the stream using a hydraulic shear or other means that does not require construction equipment to get into the water. Best Management Practices for the Protection of Surface Waters and for Bridge Demolition and Removal will be strictly adhered to during the removal of the existing bridge. There will be 0.039 acres of temporary impacts to Little River from the construction of temporary bridges for the construction of Bridge No. 44. The work bridge will be required to provide access to the site for the construction equipment. Temporary work bridge length, pile types, and driving methods will be determined during construction by the contractor. The work bridge will be constructed at the 0 (Il O Z x U (252) 237-6164 x 3532iguerrero@dot.state.nc.us Post Office Box 3165, Wilson, North Carolina 27895-3165 location shown on the permit drawing. Hand clearing will occur prior to construction of the temporary work bridge. No permanent fill will result from the construction of the temporary work bridge. The materials used, as temporary fill in the construction of the work bridge, will be removed. The temporary fill areas will be graded back to its original contour. FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES The Fish and Wildlife Service (FWS) currently list four federally protected species for Johnston County (Table 1). Table 1- Federally Protected Species of Johnston County Federal Habitat Biological Common Name Scientific Name Status Present Conclusion Red-cockaded Picoides borealis E N No Effect woodpecker Dwarf wedge mussel Alasmidonta heterodon E N No Effect Tar spiny mussel Elliptio steinstansana E N No Effect Michaux's sumac Rhus michauxii E N No Effect A mussel survey was conducted at the project site on May 24, 2004. None of the federally listed species were found, and it was concluded that the project construction is "Not Likely to Adversely Affect" the dwarf wedge mussel and the tar spiny mussel. No element occurrences are listed on the NHP database within one mile of the bridge. No pine trees suitable for RCW foraging or nesting are in, or adjacent to, the bridge. This project is not likely to jeopardize the continued existence of any of the federally protected species listed in Johnston 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. Regulatory Approvals USACE Section 404 Permit: The project qualifies for Nationwide Permit 3 (Maintenance of previously approved structures). All permit conditions will be followed. Impacts to 45 linear feet of Waters of the U.S. may result from the placement of fill for bridge bents. For our files, please provide general permit verification that the activity is authorized. NCDWO Section 401 Certification: The project qualifies for 401 General Certification number 3376. All conditions of the general certification will be followed. NCDWO Buffer Rules: As bridges are an allowable use they require written authorization from the Division of Water Quality. Only Buffer Rule approval is sought in writing. Please give me a call or email if you have any questions. Sincerely, Jamie Guerrero Division 4 Environmental Specialist Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 6 2 6 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3. If this notification is solely a urt esy copy because written approval for the 401 Certification ,Lo is not required, check here: no discharge - qualifies for GC 3376 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ?NA 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ?NA II. Applicant Information 1. Owner/Applicant Information Name: R. E. Greene - Division Engineer Mailing Address: PO Box 3165 Wilson, NC 27895-3165 Telephone Number: 252237-6164x3501 Fax Number: 252 234-6174 E-mail Address: rgreene(,dot.state.nc.us 2. Agent/Consultant 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: Jamie Guerrero Division 4 Environmental Specialist Company Affiliation: Mailing Address: Division 4 - NCDOT 509 Ward Blvd. Wilson NC 27895-3165 Telephone Number: E-mail Address: igu 252 237-6164 x3532 Fax Number: 252 234-6174 errerogdot.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 USACE requires information 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: Bridge 44, NC 39 over Little River, Johnston Countv 2. T.I.P. Project Number or State Project Number (NCDOT Only): MA-4071 3. Property Identification Number (Tax PIN): NA 4. Location County: Flowers Quad Map Nearest Town: Ken Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): 0.55 miles S of NC 42 on NC 39 5. Site coordinates, if available (UTM or Lat/Long): 35.6630°N. 78.2548°W (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. Property size (acres): N/A 7. Nearest body of water (stream/river/sound/ocean/lake):Little River -WS-V NSW 27-57-(8.Q- 8. River Basin: Neuse (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/admin/mgps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: rural agriculture, pasture woodland 10. Describe the overall project in detail, including the type of equipment to be used: Using mechanical highway equipment replace an existing bridge with a longer bridge in place with offsite detour. Page 6 of 12 11. Explain the purpose of the proposed work: Replacement of old bridge. Current bridge does not meet DOT safety standards. Rehabilitation of the existing structure is not feasible due to current deterioration size restrictions and costs. 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 permits, 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. Bridge previously approved by 33 CFR 330.3 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. NA 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. Provide a written description of the proposed impacts: The bridge replacement will result in an appropriate hydraulic opening and provide for increased wildlife passage. The new bridge will be 16 feet wider based on current design standards Therefore the new bridge will have 1780 additional square feet of decking over jurisdictional waters of the US/State Since the new bridge is 85 feet longer, approximately 0.034 acres of fill will be removed inside the riparian buffer from the removal of the old bridge end bents There will be 0.039 acres of temporary impact in Little River from the construction of a temporary work bridge This work bridge will be required to provide Page 7 of 12 access to the site for construction equipment. No permanent fill will result from the temporary work bridge. There will be no impact to wetlands. Individually list wetland impacts below: N/A 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 floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fenia.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on ma) (linear feet) Before Impact ( leases ecify) 15 + 56.14 -L- Fill (Bridge Bent) 50 Little River 90 ft (BTB) Solid blue line 16 + 61.34 -L- Fill (Bridge Bent) 50 Little River 90 ft (BTB) Solid blue line * 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.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.Inapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 14' 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) (if Name p Waterbody applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Last each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Page 8 of 12 4. Pond Creation NA 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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. The bridge length will be extended from 115' to 200' to span a larger portion of the floodplain There will be two bents in the stream. Offsite detour avoids temporary fill from onsite detour. Equipment staging and work will be performed within the existing road footprint Strict enforcement of Best Management Practices for sedimentation and erosion control, the protection of wetlands and surface waters and bridge demolition will be enforced during project construction. Both wooden and steel piles from the existing bridge will be cut off at the mud line of the stream using a hvdraulic shear or other means that does not require construction equipment to get into the water. No staging of construction equipment or storage of construction supplies will be allowed near surface waters No weep holes will be allowed in the bridge deck which allow water to drain directly into the stream. Soecial sediment control fence (hardware cloth and stone) will be used where appropriate throughout all phases of 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 Page 9 of 12 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. 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/ncwetlands/stnngide.html. I . 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. No further mitigation is proposed for this project Bridges are an allowable use per Buffer Rules. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at htip://h2o.enr.state.nc.us/wM/index.htm. 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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? Page 10 of 12 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes El No ® Meets Federal Categorical Exclusion criteria 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. NA Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify. )? 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 1 437 3 0 2 1242 1.5 0 Total 1679 * Zone 1 extends out 30 feet perpendicular from 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 Not required. Replacing existing bridge with a longer bridge. The existing bents and old bridge fill will be removed from the buffer totaling 1501 s.f. to be excavated to restore an adequate hydraulic opening and promote wildlife passage under the new bridge. XI. Stormwater (required by DWQ) 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. All appropriate best management practices for sediment and erosion control will be implemented during streambank stabilization and scour protection. XII. Sewage Disposal (required by DWQ) 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. NA XIII. Violations (required by DWQ) 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). Page 12 of 12 NORTH CAROLINA otl i w. -? t - tk+rr rockers Nub. Di ierCrossr- ads r // 39 I =•- x?1`4-r _{ i?~~~??? Mfr' StanCilS,Ch ple Li eCeek f Moores Crossroad, Ha es .Cro`sroads ?Jordan .? ,. 42 `i.4- .ice •+. -.?,.- i BRIDGE 44 a ".4 A ?: - -0 ers 10 ti. s oeheel r O rf 96 N CDOT .. DIVISION OF HIGHWAYS JOHNSTON COUNTY VICINITY PROJECT: MA-4071 /(? REPLACE BRIDGE #44 M ON NC 39 OVER LITTLE RIVER SHEET OF 6 / 29 / 04 4 C C? O O U E N N N C I- . LL N LO CL N N N o N C N N ? N N Q c n v N N d N w m r? U- C v M M N m c O O U a _ LL v I cD a ? 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N 17 o+ E I Z W I c .,t I D I I w -n - r TB II / ,I -n N * rr-> I I po D ;v it cD `n N O + I: M I / I I Z v D i 0 o n O D z O I II m 'z\ Zr N a s m i W O p ' ? -Z ?? In i II '' L = / r g Z r8 z to a ; ,D 0 I I 2 0 O I ? O L - 0 )1 o F-PDE _m r F z W C m T m N O Z m N 1 m, VF mt Z `*T, i?,- a m w s 11 " If I w \ ID N VI '? H rW a r ° N n P a W V7 W ° PDE ? f U) N 3E ? ? I I I I "O I A IT o ' I + I N I IT ? I I I I I I ' I m O IN m r a r `° r z ? W o o C 'n w -n m X N O Z m N I N p ...w ll? ?J?C ?1?t x ?' o W (A m W W 1- (7 W m 0 D a m H O L m M m < E-I ? Z -I m x Zmv m A .. ° = Z Z N t- r n -I ~ ° z N O ---I &9 o g O ?7FI # o, o O m -4 tNs 'I - a + Z Nr ;0 < NmO ? O z 00 e H Z 0 O C n n A L,F I I O r O o -4 W c W m "? N N C D p m N z I Z -Ic W N ao N -I m -n F= -n ;a N 7v N F: m vz vz y? r ?z ?z m m no m rn z Z rn m N ?l ?! ?!- N ?!- - - 90 90 w -n O? DO Im O ZO m --nn mm 3:m -n m o -n m ZO ZO c 7o c O;Q O? oD N D N ? ? () _0 D ;a 7qm .fin Rn Z rn Z zpZ m N p O-n 22rn I I ;a v? v '° v 3 m I I I N N N N -n ° 0 c" o m ;K y n N z;; m -1 w Zo O O O O O U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT w Action ID. 200610570 County: Johnston USGS Quad: Flowers 00p? GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: North Carolina Department of Transportation Address: R. E. Greene, Division 2 Engineer Post Office Box 3165 Wilson, North Carolina 27895-3165 Telephone No.: 252-237-6164 Size and location of property (water body, road name/number, town, etc.): Bridge 44 on NC 39 over Little River located east of Clayton, Johnston County, North Carolina. Description of projects area and activity: Replace existing bridge (115 feet long by 20 feet wide) with anew bridge (200 feet long by 36 feet wide). Off-site detours will be utilized during construction. There are 50 linear feet of stream impacts and no permanent impacts to Section 404 wetlands for this proiect 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: 3 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 NWT 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 terms 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 (919) 733-1786) 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 Expiration Date of Verification: 03/18/2007 age 1 of 8 Date: 03/06/2006 WOO DENR Wxil ?E?TL.AND? ` A 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 (C)VA)(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: Little River connects to the Neuse River and is shown on topomap and soil survey. 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 CFR 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 anRFA 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 331.5, 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 the above address by 5/4/2006. **It is not necessary to submit Zrm to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: 0, . Date 03/06/2006 Copy Furnished: NCDOT, Jamie Guerrero, Division 4 Environmental Specialist NCDWQ, John Hennessy, Wetlands/401 Unit age 2 of 8 Action ID Number:200610570 County:Johnston Permittee: NCDOT, Division 4 Date Permit Issued: 3/6/2006 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 Boa 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 CESAW-RG-W DATE: 03/06/2006 MEMORANDUM FOR RECORD SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1. Action ID. 200610570 2. Project Name and Location: _Bridge 44 on NC 39 over Little River located east of Clanton, Johnston County, North Carolina. 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES If NO, Explain: b. Is compensatory mitigation necessary? NO Explain: No wetland impacts and only 50 linear feet of stream impacts. 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO If YES, describe steps taken to address concerns: 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO b. If YES, describe steps taken to address concerns: 6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act). a. Is this a project that "may adversely affect essential fish habitat"? NO b. If YES, describe steps taken to address concerns: Corps Regulatory Official: kL-.=S , 1 age 4 of 8 JURISDICTIONAL DETERMINATION (Revised 8/13/04) U.S. Army Corps of Engineers DISTRICT OFFICE: CESAW-RG-W FILE NUMBER: 200610570 PROJECT LOCATION INFORMATION: State: NC County: Johnston Center coordinates of site (latitude/longitude): 35.6637 N 78.2547 W Approximate size of area (parcel) reviewed, including uplands: 1.0 acres. Name of nearest waterway: Little River Name of watershed: Neuse River Basin JURISDICTIONAL DETERMINATION Completed: Desktop determination ? Date: 3/6/2006 Site visit(s) ? Date(s): Jurisdictional Determination (JD): El 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). ? 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: [_7 There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: El There are "isolated, non-navigable, infra-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 DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": ? 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 under 33 CFR part 328.3(a) as "waters of the United States": (1) 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. ? (6) The presence of territorial seas. ? (7) The presence of wetlands adjacent2 to other waters of the 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. IfB(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). IfB(2, 4, S or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: Little River connects to the Neuse River and is shown on topomap and soil survey. age 5 of 8 Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and. 329) Ordinary High Water Mark indicated by: ? High 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) ® changes in the character of soil ? physical markings/characteristics ® destruction of terrestrial vegetation ? tidal gages ® shelving ? other: ? other: Mean High Water 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: 77 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 approve jurisdiction 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(a). ? 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: Flowers ? 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): 1 Other photographs (Date): ? Advanced Identification Wetland maps: Site visit/determination conducted on: 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). 2The.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 dunes, and the like are also adjacent. age 6 of 8 tiO11ILI("A H0N 01; ,1?1)i111\1SI1RAJ ]VI APP11AL OP 11ONS -\ND PRO(TSS AM) fZl:OIJI:S F I-'OR ITI_,A1_ Applicant: NCDOT, Division 4 File Number: 200610570 Date: 3/6/2006 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 S1`CTION I - I'IIC 1611owinL, idciltili?? your riOILt al1'i ahtio»I?; aphCal of-tic ahmC kclsloll. Ad(lltlonal In1,0r1112itlon I11,1N he I'Mind ai ht 4???yL.USEICC.ar]I1?.11111'171c'I?IlIllCtlOllSiC???CCCI?'o!1'Cf or - (`OrPs re???llati?>n It ; (TR Part 1 _ 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 terms 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 permit 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 terms 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 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. 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. -age 7 of 8 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 H 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. 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 further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SIy 11ON II - I, ["Ot III-OI' APPI -AI. or 01311:C'lJONS TO AN I\I'I]AI, 1R01hI?Rl7D N'I)Nil 1 REASONS FOR APPEAL 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. However, you may provide additional information to clarify the location of information that is already in the administrative record. POIN I OIL C ON] AU'l I`OR Q1 TS LIONS LION. 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 9M15 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