U-6202 RGP 50 1.0

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2019-01784 County: New Hanover County U.S.G.S. Quad: Scotts Hill

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Mason Herndon
NC DOT Division 3
Address: 124 Division Drive
Wilmington NC, 28401
Telephone Number: ***********

Size (acres) 2.5 mi Nearest Town Wilmington
Nearest Waterway Smith Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.271328056627; Longitude: -
77.8494161994018
Location description:

Description of projects area and activity: Applicant proposes to widen Gordon Road into a 4 lane
median divided facility with a bike lane and sidewalks for approximately 2.5 miles. This
verification authorizes 135 ln ft of permanent stream impacts, 0.001 ac or permanent wetland
impacts and 0.07 acres of open water/trib 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: 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 May 10, 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 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: June 2, 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/
SAW-2019-01784
SPECIAL CONDITIONS
1.CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict
compliance with the attached plans dated originally 05-10-2023, which are a part of this permit.
Any modification to these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.
2.UNAUTHORIZED DREDGE OR FILL: 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. This permit does not authorize temporary placement or double handling of
excavated or fill material within waters or wetlands outside the permitted area. This prohibition
applies to all borrow and fill activities connected with this project.
3.MAINTAIN CIRCULATION AND FLOW OF WATERS: 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 waters or wetlands or to reduce the reach of
waters or wetlands.
4.DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction
design plans for this project do not deviate from the permit plans attached to this authorization.
Written verification shall be provided that the final construction drawings comply with the
attached permit drawings prior to any active construction in waters of the United States,
including wetlands. Any deviation in the construction design plans will be brought to the
attention of the Corps of Engineers, Mr. Tom Steffens Regulatory Field Office prior to any
active construction in waters or wetlands.
5.WATER CONTAMINATION: All mechanized equipment will be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids, or other toxic materials. In the event of a spill of petroleum products or any other
hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality
at [phone] or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
6.SILT-FENCING: The permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed
areas. Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A
Article 4).
7.ESA: The U.S. Fish and Wildlife Service’s (USFWS’s) Programmatic Biological Opinion
(PBO) titled, “NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8”, dated
November 6, 2020, contains agreed upon conservation measures for the NLEB. As noted in
the PBO, applicability of these conservation measures varies depending on the location of the
project. Your authorization under this Department of the Army permit is conditional upon your
compliance with all applicable conservation measures in the PBO, which are incorporated by
reference in this permit. Failure to comply with the applicable conservation measures would
constitute non-compliance with your Department of the Army permit. The USFWS is the
appropriate authority to determine compliance with the terms and conditions of its PBO, and
with the ESA.
8. Mitigation: 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.
Action ID Number: SAW-2019-01784 County: New Hanover County
Permittee: Mason Herndon
NC DOT Division 3
Project Name: NCDOT_U 6202_Gordon Road widening_Division 3
Date Verification Issued: June 2, 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