SAW-2018-01073 NCDOT R5808 NC 158 Widening

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01073 County: Gates County U.S.G.S. Quad: Sunbury
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Paul Williams
NCDOT Division 1
Address: 113 Airport Drive
Edenton NC, 27932
Telephone Number: [phone]
Size (acres) 86 Nearest Town Sunbury
Nearest Waterway Pasquotank River River Basin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude: 36.437548; Longitude:-76.510244
Location description: The project area is a 4 mile segment of NC 158 ranging from Acorn Hill
Road to the Pasquotank County Line near the town of Sunbury in Gates County, North
Carolina.
Description of projects area and activity: NCDOT proposes to widen approximately 4 miles of NC
158 from Acorn Hill Road to the Pasauotank Countv line. The oroiect will oermanently impact
7.03 acres of wetlands and temporarily impact 3.35 acres of wetlands. The project will
permanently impact 60 linear feet of stream and temporarily impact 23 linear feet of stream.
The applicant will mitigate for Permanent wetland impacts.
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: RGP 198200031
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 March 21, 2023 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 Elizabeth 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 Kyle Barnes at [phone] or
Kyle.W.Barnes�D-usace.army. mi1.
q,A/- 2023.05.12 09:08:13
Corps Regulatory Official: M^-04'00'
Expiration Date of Verification: May 25, 2025
Date: May 12, 2023
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:Hregulatory.ops.usace.army.mil/customer-service-survey/

SAW-2018-01073
SPECIAL CONDITIONS
The Wilmington District, Federal Highway Administration, U.S. Fish and Wildlife Service
(USFWS), and the North Carolina Department of Transportation (NCDOT) have conducted
programmatic Section 7(a)(2) consultation for the Northern long-eared bat (NLEB) for
NCDOT projects located in Divisions 1-8. The result of this programmatic consultation is a
Programmatic Biological Opinion (PBO) issued by the USFWS titled, "Programmatic
Biological Opinion — Revised, NCDOT Program Effects on the Northern Long-eared Bat in
Divisions 1-8", dated December 15, 2022. This PBO contains agreed upon conservation
measures which would minimize take of NLEB. As noted in the PBO, applicability of these
conservation measures varies depending on the location of the project. The USFWS has
documented that no reasonable and prudent measures, nor terms and conditions, are
necessary or appropriate to minimize the amount or extent of incidental take of NLEB
caused by the Action; therefore, the incidental take statement does not provide reasonable
and prudent measures for this species. Department of the Army (DA) authorization under
general permit or standard permit (Individual Permit) is conditional upon the permittee's
compliance with applicable, agreed upon conservations measures of the PBO, which is
incorporated by reference in this verification letter. Failure to comply with the applicable
conservation measures, where a take of the NLEB occurs, would constitute an unauthorized
take by the permittee, and would also constitute permittee non-compliance with this
verification letter. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO and the ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/.
2. In order to compensate for impacts 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 any special conditions listed on this form, are hereby incorporated as
special conditions of this permit authorization.

Action ID Number: SAW-2018-01073 County: Gates County
Permittee: Paul Williams
Project Name
NCDOT Division 1
NCDOT R5808 US 158
Date Verification Issued: May 12, 2023
Project Manager: Kyle Barnes
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: Kyle Barnes
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

OTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND I
REQUEST FOR APPEAL
A licant: Paul Williams NCDOT Division 1
File Number: SAW-2018-01073
Date: May 12, 2023
Attached
is:
See Section below
IN PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B I
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
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.4,M.mil/Missions/CivilWorks/Re"latoryProgramandPermits.aspx or
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 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.
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 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.

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,
Mr. Philip Shannin, Administrative Appeal Review Officer
Attn: Kyle Barnes
CESAD-PDO
2407 West 5' Street
U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
EMAIL: PHILIP.A.SHANNIN(i�USACE.ARMY.MIL
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 opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Kyle Barnes, 2407 West 5tn Street
Washington, North Carolina 27889
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. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]
EMAIL: PHILIP.A.SHANNINaUSACE.ARMY.MIL