U-4906 RGP-50 Re-verification 03-15-2023

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2014-00572 County: Onslow County U.S.G.S. Quad: Richlands

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Anneliese Westphal
NCDOT - Division 3
Address: 5501 Barbados Blvd
Castle Hayne NC, 28429
Telephone Number: ***********

Size (acres) 6.6 miles Nearest Town Jacksonville

Nearest Waterway Squires Run River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.868892 Longitude: -77.503446

Location description: Gum Branch Rd (SR 1308) from west of Mills Road (SR 1313) to east of
Ramsey Road (SR1324) north of Jacksonville, Onslow County NC.

Description of projects area and activity: RE-VERIFICATION: The project will include widening of
Gum Branch Road, road realignment and improvements at the Gum Branch Road/Cow Horn Road
intersection, road realignment and improvements at the Gum Branch Road/Quaker Bridge
Road/Northwest Bridge Road intersection, improvements at the Gum Branch Road/Mendover Drive
intersection, improvements at the Gum Branch Road/Ramsey Road intersection, and improvements
to Rock Creek Drive. The project work will consist of grading, widening, drainage improvements,
pavement widening, roadway construction, and pavement markings. This verification covers the
following impacts: 0.005 (ac) permanent fill in wetlands, 0.014 (ac) excavation in wetlands, 0.017 (ac)
mechanized land clearing in wetlands, 0.118 (ac) permanent surface water impact, 0.024 (ac)
temporary surface water impact, 18 (ft) of permanent stream channel impact, and 28 (ft) of temporary
stream channel impact. This reverification verifies that the proposed work detailed above remains the
same as initially permitted under the NW-14. The proposed work qualifies for the terms and
conditions of the RGP-50 and is herby reissued as such.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344);
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number and/or Nationwide Permit Number: GP 50 - NCDOT
- Bridge, Road Widenings and Interchanges
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information dated February 18, 2014. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order,
a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or

regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit’s
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) 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 program, please contact Thomas Steffens at [phone] or
[e-mail].

Corps Regulatory Official: ___________________________ Date: March 15, 2023
Expiration Date of Verification: May 25, 2025

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copy furnished:

Page 3 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2014-00572 County: Onslow County

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner/Applicant: NCDOT - Division 3
Anneliese Westphal
Address: 5501 Barbados Blvd

Castle Hayne, NC, 28429
Telephone Number: **

Size (acres) 6.0 miles
Nearest Town Jacksonville
Nearest Waterway Squires Run River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.8688920872201; Longitude: -
77.5034466607748
Location description:

Indicate Which of the Following Apply:

A. Preliminary Determination

X There appear to be waters, including wetlands, on the above described property, that may be
subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the
Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and
reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation
process, including determining compensatory mitigation. For purposes of computation of impacts,
compensatory mitigation requirements, and other resource protection measures, a permit decision
made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in
any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This
preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an
approved JD, which is an appealable action, by contacting the Corps district for further instruction.

There appear to be waters, including wetlands, on the above described property, that may be
subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the
Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and
reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation
process, including determining compensatory mitigation. For purposes of computation of impacts,
compensatory mitigation requirements, and other resource protection measures, a permit decision
made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in
any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This
preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an
approved JD, which is an appealable action, by contacting the Corps district for further instruction.

There appear to be waters, including wetlands, on the above described property, that may be
subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the
Rivers and Harbors Act (RHA) (33 USC § 403). However, since thewaters, including wetlands,
have not been properly delineated, this preliminary jurisdiction determination may not be used in
the permit evaluation process. Without a verified wetland delineation, this preliminary
determination is merely an effective presumption of CWA/RHA jurisdiction over all of the
waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to
support an enforceable permit decision. We recommend that you have the
waters of the U.S., including wetlands, on your property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a
consultant to conduct a delineation that can be verified by the Corps.

B. Approved Determination

There are Navigable Waters of the United States within the above described property subject to
the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 U.S., including wetlands, on the above described property subject to
the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless
there is a change in 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.

We recommend you have the waters of the U.S., including wetlands, on your property
delineated. As the Corps may not be able to accomplish this wetland delineation in a timely
manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the
Corps.

The waters of the U.S., including wetlands, on your property have been delineated and the
delineation has been verified by the Corps. We strongly suggest you have this delineation
surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, unless there is a change in law or our published regulations, may be relied
upon for a period not to exceed five years from the date of this notification.

The waters of the U.S., including wetlands, have been delineated and surveyed and are
accurately depicted on the plat signed by the Corps Regulatory Official identified below on
______________. Unless there is a change in 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 no waters of the U.S., to include wetlands, present on the above described property
which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC
1344). Unless there is a change in 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 property is located in one of the 20 Coastal Counties subject to regulation under the Coastal
Area Management Act (CAMA). You should contact the Division of Coastal Management in
Morehead City, NC, at [phone] to determine their requirements.

Placement of dredged or fill material within waters of the US, including wetlands, without a
Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33
USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work
within navigable waters of the United States without a Department of the Army permit may constitute
a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you
have any questions regarding this determination and/or the Corps regulatory program, please contact
Thomas Steffens at [phone] or [e-mail].
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: **See the preliminary jurisdictional determination form dated **

E. Attention USDA Program Participants

The delineation included herein has been conducted to identify the location and extent of the aquatic
resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean
Water Act for the particular site identified in this request. This delineation and/or jurisdictional
determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the
local USDA service center, prior to starting work.

F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B.
above)

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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it
meets the criteria for appeal under 33 CFR part 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 **.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
determination in this correspondence.

Corps Regulatory Official: ______________________________________________________

Date of JD: March 15, 2023 Expiration Date: **5 years if AJD**N/A if PJD

The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/.

Copy Furnished:

SAW-2014-00572

SPECIAL CONDITIONS

1. 1. All work must be performed in strict compliance with the plans attached to the application
dated 3/25/2019 and updated plans sheet 1-22 of 22 dated 2/14/2019, 2/20/2019, 4/1/2019.
4/11/2019, and 4/12/2019 attached, which are authorized by this permit. Any modification to the
authorized permit plans must be approved by the USACE prior to implementation.

2. Failure to institute and carry out the details of the following special conditions, below, will result
in a directive to cease all ongoing and permitted work within waters and/or wetlands associated
with the permitted project, or such other remedies and/or fines as the District Engineer or his
authorized representatives may seek.

3. The permittee will ensure that the construction design plans for this project do not deviate from
the authorized permit plans. Any deviation in the construction design plans will be brought to the
attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to any active
construction in waters or wetlands.

4. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit, and any authorized modifications. A copy of this permit
including the authorized plans referenced in Special Condition (1) and authorized modifications,
including all conditions, shall be available at the project site during construction and
maintenance of this project.

5. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill, or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands, or shall any activities take
place that cause the degradation of waters or wetlands. In addition, except as specified in the
plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take
place at any time in the construction or maintenance of this project, in such a manner as to
impair normal flows and circulation patterns within, into, or out of waters or wetlands or to
reduce the reach of waters or wetlands.

This permit does not authorize temporary placement or double handling of excavated or fill
material or construction equipment within waters or wetlands outside the permitted area.

6. To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent wetlands and streams, except as authorized by this permit, the
permittee shall require its contractors and/or agents to identify all areas to be used to borrow
material, or to dispose of dredged, fill, or waste material. The permittee shall provide the
USACE with appropriate maps indicating the locations of proposed borrow or waste sites as
soon as the permittee has that information. The permittee will coordinate with the USACE
before approving any borrow or waste sites that are within 400 feet of any streams or wetlands.
All jurisdictional wetland lines on borrow and waste sites shall be verified by the Corps of
Engineers and shown on

the approved reclamation plans. The permittee shall ensure that all such areas comply with the
preceding condition of this permit, and shall require and maintain documentation of the location
and characteristics of all borrow and disposal sites associated with this project. This
information will include data regarding soils, vegetation and hydrology sufficient to clearly
demonstrate compliance with the preceding condition. All information will be available to the
USACE upon request. NCDOT shall require its contractors to complete and execute
reclamation plans for each waste and borrow site and provide written documentation that the
reclamation plans have been implemented and all work is completed. This documentation will
be provided to the Corps of Engineers within 30 days of the completion of the reclamation
work.

7. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological Opinion (BO) titled
"Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT
Divisions 1-8)," dated June 13, 2018, contains mandatory terms and conditions to implement
the reasonable and prudent measures that are associated with "incidental take" that are
specified in the BO. Your authorization under this Corps permit is conditional upon your
compliance with all the mandatory terms and conditions associated with incidental take of the
BO, which terms and conditions are incorporated by reference in this permit. Failure to
comply with the terms and conditions associated with incidental take of the BO, where a take
of the listed species occurs, would constitute an unauthorized take, and it would also
constitute non-compliance with your Corps permit. The USFWS is the appropriate authority to
determine compliance with the terms and conditions of its BO, and with the ESA.

8. This USACE permit does not authorize you to take a threatened or endangered species, in
particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to legally take
a listed species, you must have separate authorization under the Endangered Species Act
(ESA) (e.g., a Biological Opinion (BO) under the ESA, Section 7, with "incidental take"
provisions with which you must comply). The U.S. Fish and Wildlife Service's (USFWS's)
Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion for
North Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina
(Divisions 1-8)," dated March 25, 2015, and adopted on April 10, 2015, contains mandatory
terms and conditions to implement the reasonable and prudent measures that are associated
with "incidental take" that are specified in the BO. Your authorization under this USACE permit
is conditioned upon your compliance with all the mandatory terms and conditions (incorporated
by reference into this permit) associated with incidental take of the BO. Failure to comply with
the terms and conditions associated with incidental take of the BO, where a take of the listed
species occurs, would constitute an unauthorized take, and would also constitute non-
compliance with your USACE permit. The USFWS is the appropriate authority to determine
compliance with the terms and conditions of its BO and with the ESA.

Action ID Number: SAW-2014-00572 County: Onslow County

Permittee: Anneliese Westphal
NCDOT - Division 3

Project Name: NCDOT / U 4906 / SR 1308 / Gum Branch / Division 3

Date Verification Issued: March 15, 2023

Project Manager: Thomas Steffens

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: Thomas Steffens

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date