20090961 Ver 1_Other Agency Comments_20090123

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW - 2009 -01687 County: Moore
USES Quad: Niagara
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
permittee: Dr. _Gre ooEy- Thorpe Agent: Erica McLamb
Address: NC DOT Address:. NC DOT
1598 Mail Service Center 1598 Mail Service Center
Raleigh, NC 27699 -1598 Raleipah, NC 27699 -1598
Telephone No.: (919) 431 -6662 Telephone No.: (919) 431- 6662
Size and location of property (water body, road name /number, town, etc.): The project corridor is located within
existing NC DOT right -of -way on Long Point Road (SR 1864) at the bridge crossing over Little River, near Vass,
Moore County, North Carolina. Location: 35.2349 1N, - 79.2787 °W
Description of projects area and activity: The proposal includes the placement of fall material into Section 404 waters
and wetlands within the NC DOT right of way, to facilitate the replacement of bridge number 11, TIP# B -4584
The authorized impact areas are described in the table below and depicted in the attached plans
Bridge
Number
Station Number
Impact Type
Resource
Type
Authorized Area of
Impact (Acres)
1 1
13 +00 to 15 +10 L RT
Permanent fill for slope construction
Wetlands
0.003
1 1
13 +00 to 15 +10 L RT
Temporary fill including mechanized land clearing and
sediment and erosion control measures
Wetlands
0.04
i I
14 +20 to 15 +55 L LT
Permanent fill for slope construction
Wetlands
0.03
11
14-20 to 15 +55 L LT
Temporary fill including mechanized land clearing and
sediment and erosion control measures
Wetlands
0.03
11
17 +65 to 18 +12 L RT
Permanent fill for slope construction
Wetlands
0.005
11
17 +65 to 18 +12 L RT
Temporary fill including mechanized land clearing and
sediment and erosion control measures
Wetlands
0.003
Total Permanent Impacts
0.038
Applicable Law: Z 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: 23
Your work is authorized by the above referenced permit provided it is accomplished in stri ,t 1} ace with the attached
conditions and our submitted plans. An violation of the attached conditions or deviation fr � �
Y P Y �r a a� witted 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 in Wilmington, NC, at (910) 395 -3900.
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.
Action ID: SAW -2009 -01687

If there are any questions regard'ng t is verifica 16n, any of the coedit
program, please contact Kimbeyl�ar ey at (910 5)-4482 i iberl. .
Corps Regulatory Offi
Expiration Date of Verification:
Permit, or the Corps of Engineers regulatory
isace.armv.mil.
: October 22 2009
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 hltp : / /regulalory . usacesurvey. com/ to complete the survey
online.
Action ID: SAW - 2009 -01687

Determination of Jurisdiction:
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).
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.
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 determinations issued.
Basis of Jurisdictional Determination:
Corps Regulatory Official
Date: October 22, 2009
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION- FCORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
NC DOT Division 8, attn: Art Icing, NC DOT, PO Box 1067, Aberdeen, NC 28315
NCDENR -DWQ attn: Ken Averitte, 225 Green Street, Suite 714, Fayetteville, NC 28301 -5094
Action ID: SAW - 2009 -01687

Action ID: SAW - 2009 -01687
SPECIAL CONDITIONS:
1. 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.
2. In order to compensate for impacts to 0.11 acres of riparian wetlands, the permittee shall debit the Little
River Mitigation site for 0.11 acres of riparian wetland restoration in the Cape Fear River Basin,
Cataloging Unit 3030004.
Construction within jurisdictional areas on the property shall begin only after the permittee has
debited the site and provided a copy of the full debit ledger for the Little River Mitigation site to
the Corps on NC DOT letterhead.
3. Excavation of surface layer(s) shall not occur in the authorized temporary impact areas.
4. In the authorized temporary impact areas, all fill material and temporary erosion control measures must
be removed in their entirety upon completion of roadway work and fill slopes stabilized.
5. If, after one growing season post construction, any portion of the temporary impact area fails to meet
wetland criteria, you will be required to propose (for Corps approval) and execute a contingency plan.
6. All work must be performed in strict compliance with the attached plans, which are authorized by this
permit. Any modification to the authorized permit plans must be approved by the USACE prior to
implementation.
7. 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.
8. 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.
9. 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.
Action ID: SAW -2009 -01687

10. 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.
11. 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.
12. The permittee will report any violation of these conditions or violations of Section 404 of the Clean
Water Act or Section 10 of the Rivers and Harbors Act in writing to the Wilmington District, U. S Army
Corps of Engineers, within 24 hours of the permittee's discovery of the violation.
13. All fill material must be adequately stabilized at the earliest practicable date to prevent sediment from
entering into adjacent waters or wetlands. The permittee shall remove all sediment and erosion control
measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project
completion.
14. NCDOT should utilize the Best Management Practices for Bridge Construction and Demolition as
described in the "Best Management Practices For Construction and Maintenance Activities ", August
2003.
Corps Regulatory Offic
i
al: ' Date:
/ I
Action ID: SAW - 2009 -01687

Action ID Number: SAW- 2009 -01687 County: Moore
Permittee: Dr. Gregory Thorpe c/o NC DOT
Date Permit Issued: October 22, 2009
Project Manager: Kimberly Garve
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
WILMINGTON REGULATORY FIELD OFFICE
69 DARLINGTON AVE
WILMINGTON, NORTH CAROLINA 28403
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
Action ID: SAW - 2009 -01687
Date

Applicant: NC DOT (c /o Dr. Gregory I File Number: SAW - 2009 -01687 I Date: October 22, 2009
Attached is: I See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
etmisston)
n
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION The fbllor�v i g id fitifes you f gfils a �p �d� i rega c( an dtninis rat ve appeal of the above
decistot Additional tnformatit� maybe fodat #�itt- pS� /wuv us�cey �rntlfxne tlfunct><onsicw /ceawo /reg or.
Co rps.re. lt�ttohs
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 11 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.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Action ID: SAW - 2009 -01687

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.
'. '. '_ - s gy, , / ` -
v • t 5r— rx �i,',a t 3:r
,-
SECTION II' 'REQUEST ;FOAAE% N ROFAFERED I'ER1 IT '.
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.
POINT oFc4 T�CTozz'
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:
District Engineer, Wilmington Regulatory Division,
Mr. Mike Bell, Administrative Appeal Review Officer
Attn: Kimberly Garvey, Project Manager
CESAD- ET -CO -R
Wilmington Regulatory Field Office
U.S, Army Corps of Engineers, South Atlantic Division
69 Darlington Avenue
60 Forsyth Street, Room 9M15
Wilmington, North Carolina 28402
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.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Kimberly Garvey, Project Manager,
Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington, North Carolina 28403
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303 -8801
Action ID: SAW - 2009 -01687

- M t" (-I FINIE
VSFAN WE test
CONTRACT- _ _ _ _ _ _ _ _ _ _ TIP PROJECT.- B-4584
a ` Z
cl
tv
z z
K h7
0 >
�5+00
05
t
wd
1;4
11, 1 k1
CA
;u co
M
14 IIII{
-L` t9
LE ISII

1
1
t
4g
AMR
a
@�$����
mpg' All
x e o
,I ICI •
• �,
II
I
EGIN
E
MkO2
54.0)
IV in
•'+�tiINN�{� �
'c • I
I ' r
• I l ' I
I 5 I
15400
� EE ••
Z
I
6E_?IN
BRE
GE
r
e
�
IND
T
WDOi
a •'r
I • r +�
co
ti •�k' _� �4�� �7
$• i j
•
i
f€
2f!
6
•••Z. O rr
` E I I A
O
r7
'O
I
�Ey
�
P
I - cim mm
r-Lo F-10
i • m z�
f J]Ri 'r-
Mar _
m
0
r I ` ' `vc17
, ,r
• rata ! 'r
1 f + � • �z ���
E
6.06
N
EN
G
E
m
W
I
EL
STA.
- 2
0+
1.67
I
rn
I
-
-
-
-------
r�
I
I
�
9
y A
f

4y
�.4
E l %� .� � �-
�� , �, is�, ,.
_
Will,
:
i ,i''Jrrrrl +tltl+�• .
�' . .
`�'1fjffi6
.r r
1
■n■�■�
■
■■■
■
■
■■■■
�'n�'�i=�■■ee■■i■i■■■■
■
■
■
■
�■
:
`
111MMMMO1111MM
■
MIM=MMMM
■.
1
■
■■
■
■
■■■■
■■
■■
■
■■
I■
■i■�
■■
I
■■
■
I■
■■�■■■
■
■
■■■
OMEN
■
MEW
NESEEME
■
M
rr
■If�
�
■IMMMM
■
n
■
■■
n
IN
'
■fir"`°•.
■!
=L7iitfLt*1R
■
■
■
M1
66Ir�riiI
■■
■■�i■■��i
`1
■■■■
■■
■'
■■■
■
■��y■■I�I�
■ona■■.
1ME
MKS
so
■...
No■GILI�.:�
■■
e
'
��
■■
e■■■■
INN
■■��■.in�
■...
■
.
...
_
e�■e■■■
■
■■■
■e'ii
�n■■mmri■■■■■■■■,�
■■
■��ii�■n■■■iin■■
C.■l�nn1.......■
me■■rn■■■■
n
II
■■
■���
■■
ME
ME
ON
0
ME
■
n
ME
■
"C■
®Mel
ME
�
:■

a
o
0
0
e
0
0
0
0
,
I
!
I
I
!
I
I
I
I
3
I
I
Czi
I
II
II
I
I
0
CD
s
1
'
I
I
!
I
I
i
I
f
I
I
1
I
I
I
I
11
!I
j
I
I
I
II
I
I
I
�
'
I
I
f
I
I
I
,
I
€
I
I
I
I
o
^ -e
I
�
o
I
I°
�
�' I
o
a

s }tilSiffsfOGNSfsff fffssff ssfs
fSSSLISERNAMEif3fssff1
CONTRACT:
en o u
O T ro
m�
a g g 2
i
On
< 1 O wo °
1 tl Y 1 1
� � K
� RI
Y , y
z
o�
fy'S
m
a�
pi
y
0
Q
i
TIP PROJECT: B-4584
i
Sya
;4
0
N"++
xn
O
of
VT
as
e�
1�1
®®
x2z
® 0
Cz
�n
UI a
oD
A
1y
z
T
� /
1
_ I
i
Sya
;4
0
N"++
xn
O
of
VT
as
e�
1�1
®®
x2z
® 0
Cz
�n
UI a
oD
A
1y
z
N
N
i
Sya
;4
0
N"++
xn
O
of
VT
as
e�
1�1
®®
x2z
® 0
Cz
�n
UI a
oD
A

e �
N
c
9 C I
O
x
l
n
I J
1311 f. I I .o +'O o 9 S ! ! ®@C3 90
LI, LLLIII ILJI I ; I � � i
io
P i f f 5-1 f
a.
Al
SL
9 x;11 I I f a
�o 04 � ����j j 0���� i i � � D♦ j�0�°
II„ IIII � I I Y
p ° ^ °
°
I I I
I I I
I I I
' + ' ® B 9
� Q
c °
:i
Iz m 0 a �- }o- •
ir
rn
i ' I
I e i I I i
n
0
Z
rn
Z
O
Z
r
Z
CA
2
rn
O
M �
ff
h
O
C
cm
z�
z
�n
W
o �
�
m
a
m
I
I
S e i o
v
ir
rn
i ' I
I e i I I i
n
0
Z
rn
Z
O
Z
r
Z
CA
2
rn
O
M �
ff
h
O
C
cm
z�
z
�n
W

}/
}k
(�
{2
_\j)
_/ / \
} }m
k| §§
;qa/
+
rn

11!1111Hum
HillIIIIII�
IIIIIIIIIlII
liillll[i�ll�
IN IIIIIII�
-
Illliiiiiif
i�!!!ll�iiii�
IIIIIIIIIIII®
�IIII�IIIIII�:
IIIIIIIlIIII�
CCCCCCCICCCC�
.r..rr.....r
r1111111AIr1©
IIIIIIAr1111�
.r■■■■■rrrr.
01 UNION
iI1111111111�i
IIIIIIIIIIII�
f�!!�!l�II!!©
i� IIII�
_
: `'
IIIIIIIIIIIII�O�
1.11.1.......
.-
.IIIIIIIIIhII
Illllllllflii�
_
liililiii!llli�°
IIIIIIIIIIIIII��
11111111111111©
11111'Illlllll��
lie�iiii��iii�
Illllllli!lIII
©0
�
RII
Hill
IIIII�©
I!lIIIIIIIIIII�O
IIIIIIIIIlIIIlO©
a ■■r
aaaa.aa
I
i ■ ■aaaa■
■�
■aaae!■�
II�I�I�!l�I�p
aaaaaa■■rruaa■�
0
o
-
IIIIIIIlIIIIIIIII
■u
■ra
■nruaa
Illii��illllll��
Ililllllllllll�l�
IIIIIi11111111��
�IIIIIIIIIIIIII
. .
■ir■■■.■■■
■iii�alrr
III'lillll�lllE�{�
.°
!II
Illlil,lll®
1111
r■ru
■r
urmn
IIIIIIII111111��������"�®
1111
a■■■aa
1111111
■■
■rr.
■■ ■r
■■■■..rr■
nnin■■rurr
■.rrrnuun.
1111
11111111
11'Ir1111A1111
■■
IIIIIIIIAI
rrr■■■
...
■rrr.
1111111111111
IIIIIIIIIIIIII..
....
■nrrrrnum..
.. .
iillllllilltll
�
lie�iiii��iii�

AUG • 4 2005
pIM M OF MiOk91AY8
POEkUFM OF NATURAL EnRWVhW

9
s
0
r
I
;P
(
� 1
'
I
j.
Y
f
! r
}
I
I
a
I
t
I
II
I 1 a
�f
4
r
I
m�
�
j
f
NN
C
[Ydf
js
, II
j:
ti
/ i rI I I
t I
I
� I
f
1
I _t
I _.
LL
I
I
I l i r
3
I
i
j
•./ I u I j
I
Ir
I`
I
f
o
,...
VI