20131045 Ver 1_Corps of Engineer Correspondence_20131030

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
SAW-2013-01456AlamanceNC-MEBANE
Action Id. County: U.S.G.S. Quad:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
North Carolina Department of Transportation
Permittee:
Chuck Edwards
P.O. Box 766
Address:
Graham, NC 27253
336-570-6833
Telephone Number:
1,200 acresMebane
Size (acres) Nearest Town
Back CreekHaw. North Carolina.
Nearest WaterwayRiver Basin
303000236.05614
USGS HUCCoordinatesLatitude:
-79.3288
Longitude:
This site is generally bounded by by Interstate 85/40 to the north, Trollingwood Road/NC119 to the East,
Location description:
NC 119 and Jim Minor Road to the south, and Cherry Lane to the West. The Roadway is identified by The North Carolina
Department of Transportation (NCDOT) as Transportation Improvement Project (TIP) U-5538.
This authorization is for permanent impacts to jurisdictional streams and wetlands
Description of projects area and activity:
associated with the construction of a new NCDOT roadway associated with the Alamance Interstate Corridor Development
Zone (AICDZ) as follows: Crossing #1: Stream SA-41 linear feet of permanent impact and Wetland WA -0.01 acre of
permanent impact for culvert installation. Crossing #2: Stream SB-86 linear feet of permanent impact for culvert installation.
Crossing #3: Stream SC-81 linear feet of permanent impact and Wetland WC-0.17 acre permanent impact for culvert
installation. Crossing #4: Stream SH-16 linear feet of permanent impact for culvert installation. Crossing #5: Stream SK-85
linear feet of permanent impact for culvert installation. Crossing #6: Stream SG-87 linear feet of permanent impact for culvert
installation.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
NWP 39 Commercial and Institutional
Authorization:Regional General Permit Numberor Nationwide Permit Number:
Developments.
S
EE ATTACHED RGP or NWP GENERAL, REGIONALAND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
. Any violation of the attached
conditions and your submitted application and attached information dated09/27/2013
conditions or deviation from yoursubmittedplans 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 providedthe
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 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
Andrew Williamsat919-554-4884 x26or [e-mail]
program, please contact .
1.In order to compensate forstreamimpacts associated with this permit, mitigation shall be provided in accordance with the
provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The
requirements of this form, including anyspecial conditions listed on this form, are hereby incorporated as special conditions of
this permitauthorization.
2.In order to compensate for wetland impacts associated with this permit, mitigation shall be provided from the NCDOT
Bryan Boulevard Mitigation Site. The NCDOT will debit 0.34 acre of credits from the site. A copy of the ledger will be
provided to the Corps of Engineers, Raleigh Regulatory Field Office, on or before November 25, 2013.
Remarks:
This Nationwide Permit Verification(SAW-2013-01456, AICDZ Road) includes impacts to over 300 linear feet of intermittent
stream bed/channel. The District Engineer has waived the NWP 39, 300 linear foot limit for intermittent streams and has
included written determination concluding the discharge will result in minimal adverse effects in the project file.
The Alamance Interstate Corridor Development Zone (AICDZ) has been determined to be a single and complete project, as
defined in the Code of Federal Regulations (CFR) at 33 CFR 330.2(i). The use of more than one Nationwide Permit (NWP) for
a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the
NWPs does not exceed the acreage limit of the NWP with the highest specific acreage limit. The threshold limits of the
applicable NWPs are 0.5 acre of non-tidal waters, including the loss of no more than 300 linear feet of stream bed, unless the
district engineer waives the 300 linear foot limit for intermittent and ephemeral stream beds by making a written
determination concluding that the discharge will result in minimal adverse effects. Based on the information that has been
submitted to date, impacts to waters of the United States for the following three (3) projects: SAW-2013-01456 (AICDZ Road),
SAW-2013-0169 (Project Swordfish), and SAW-2013-01897 (AICDZ Sewerline) do not exceed the thresholdlimits of the
applicable NWPs. However, when either of these threshold limits is exceeded by subsequent projects within the boundary of
AICDZ (including but not limited to the three (3) projects listed above), an Individual Department of the Army permit will be
required for all subsequent proposed work.
Ejhjubmmz!tjhofe!cz!
XJMMJBNT/BOESFX/F/2355672766!
EO;!d>VT-!p>V/T/!Hpwfsonfou-!pv>EpE-!pv>QLJ-!
10/30/2013
Corps Regulatory Official: ___________________________pv>VTB-!do>XJMMJBNT/BOESFX/F/2355672766!Date:

Ebuf;!3124/21/41!24;38;34!.15(11(
Expiration Date of Verification
03/18/2017
:
Determination of Jurisdiction:
A.
Based on preliminary information, there appear to be waters of the US including wetlands within the above describedproject
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B.
There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C.
There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the dateof this notification.
D.
The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
SAW-
jurisdictional determination issued. Action ID:.
Basis For Determination:
The six (6)streams (SA, SB, SC, SH, SK, and SG) arerelatively permanent waters
(RPW) and are allunnamed tributariesto an unnamed tributary (also an RPW) ofBackCreek. BackCreek is a RPW and a
tributary to the Haw River,a traditionally navigable water (TNW).The Haw River is a tributary to the Cape Fear River, a
navigable water of the United States. The Ordinary High Water Marks(OHWMs) of the unnamed tributarieswereindicated
by the following physical characteristics: clear natural line impressed on the bank, shelving, changes in the character of the
soil, and the destruction of terrestrial vegetation. The wetlands(WA and WC)meet the hydrophytic vegetation, wetland

hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains
and Piedmont Regional Supplement. Wetland WA is contiguous with Stream S1 and Wetland WC is contiguous with Stream
SC.
This jurisdictional determination is only for the stream/wetlands within the proposed road corridorassociated with this
Nationwide Permit verification and does not include any other waters/wetlands that may be located on the properties/project
site.
Remarks:
None
E.Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identifiedin this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F.Appeals Information
(This information applies only to approved jurisdictional determinations as indicated in B
and Cabove).
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 following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteriafor appeal
under 33 CFR part 331.5, and that it has been received by the DivisionOffice within 60 days of the date of the NAP. Should you
Not Applicable
decide to submit an RFA form, it must be received at the above address by:.
**It is not necessary to submit an RFA form to the DivisionOffice if you do not object to the determination in this correspondence.**
Ejhjubmmz!tjhofe!cz!XJMMJBNT/BOESFX/F/2355672766!
EO;!d>VT-!p>V/T/!Hpwfsonfou-!pv>EpE-!pv>QLJ-!
pv>VTB-!do>XJMMJBNT/BOESFX/F/2355672766!
Corps Regulatory Official: ______________________________________________________
Ebuf;!3124/21/41!24;38;62!.15(11(

Andrew Williams
10/25/2013
Dateof JD:
October 30, 2018
Expiration Dateof JD:
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 ourcustomer Satisfaction Survey online athttp://per2.nwp.usace.army.mil/survey.html.
Copy furnished:
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Resources
585 Waughtown Street
Winston-Salem, NC 27107
Brad Luckey
ECS Carolinas, LLP
4811 Koger Boulevard
Greensboro, North Carolina 27407

David Cheek
City of Mebane
106 East Washington Street
Mebane, North Carolina 27302
Frankie Maness
City of Graham
P.O. Drawer 351
Graham, North Carolina 27253

Action ID Number:SAW-2013-01456County:Alamance
Permittee: North Carolina Department of Transportation
Chuck Edwards
Project Name:City of Graham, City of Mebane and Alamance County/Alamance Interstate
Corridor Development Zone Roadway
Date Verification Issued: 10/30/2013
Project Manager: Andrew Williams
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: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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 PermitteeDate

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: File Number: SAW-2013-01456Date:
North Carolina Department of 10/30/2013
Transportation
Chuck Edwards
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)A
PROFFERED PERMIT (Standard Permit or Letter of permission)B
PERMIT DENIALC
APPROVED JURISDICTIONAL DETERMINATIOND
PRELIMINARY JURISDICTIONAL DETERMINATIONE
SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/regor
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its 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 permitto address some of your
objections, or (c) not modify the permithaving determined that the permit should be issued as previously written.After
evaluating your objections, the district engineer will send you a proffered permitfor 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) becauseof certain terms and conditions therein,
youmay appeal the declined permitunder the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending theform 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: Youmay appeal the denial of a permitunder 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 JDin its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, youmay 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.
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.
SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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 OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact:also contact:
District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer
Andrew Williams
CESAD-PDO
3331 Heritiage Trade Drive, Suite 105
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, North Carolina 27587
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 ofany site investigation, and will have the opportunity to participate in all site investigations.
Date:Telephone number:
________________________________________
Signature of appellant or agent.
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]