20150506 Ver 2_USACE Permit_20151019 (2)

Carpenter,Kristi
From: Wheeler, Tracey L SAW <[e-mail]>
Sent: Monday, October 19, 2015 11:39 AM
To: Willis, Thomas C
Cc: Ward, Garcy; Carpenter,Kristi; Daisey, Greg
Subject: RE: GP 48 request for Kitty Hawk Emergency Sandbag Project (UNCLASSIFIED)
Attachments: Email NCDOT NC 12 Kitty Hawk Emergency Sandbags Oct 2015 RGP 48.pdf;
GP80-0048signed.pdf
Classification: UNCLASSIFIED
Caveats: NONE
Clay,
The above project qualifies for a Regional General Permit 198000048 authorization. NCDOT is authorized to
place 600 linear feet of sand bags and to reconstruct sand dunes on an 1,100 foot section of NC 12 near the intersection
with NCSR 1260 in Kitty Hawk, North Carolina. On October 2, 2015 storm surge eroded the northbound lane and existing
dunes in the project area. NCDOT proposes to place the sand bags parallel to the roadway above the mean high water
line. However, because of the increased erosion in the area and in order to cover the bags and create a protective dune,
approximately 0.18 acres of open water will be filled below the mhwl. In order to facilitate the placement of the
sandbags NCDOT will install a sheet pile wall that will be removed, in its entirety upon completion of the installation.
NCDOT proposes to fill the sand bags with material removed from the swash zone within the project area. Construction
of the project will result in the excavation of 2,083 cubic yards of material. The following Special Conditions apply:
1. Temporary sheet pile must be removed in its entirety upon completion of sand bag placement.
2. No fill material is authorized below MHWL, except what is shown on plats for dune construction.
3. Sand for dune construction must be beach compatible and come from an upland source.
Action ID SAW-2015-01119
Tracey L. Wheeler
Regulatory Project Manager
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 West 5th Street
Washington, North Carolina 27889
[phone]
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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
-----Original Message-----
From: Willis, Thomas C [mailto:[e-mail]]
Sent: Thursday, October 15, 2015 4:36 PM
To: Wheeler, Tracey L SAW; Ward, Garcy; Carpenter,Kristi
Subject: [EXTERNAL] GP 48 request for Kitty Hawk Emergency Sandbag Project

Tracey & Garcy,
Attached is a request for a GP 48 for Emergency sandbag/dune work along NC 12 in Kitty Hawk, Dare County. I have
included a cover letter, PCN, location maps, plan view drawings, cross-sections and correspondence with USFWS & WRC.
Please let me know if you need anything else or have any questions.
Thanks,
Clay
NCDOT - Division One
Environmental Supervisor
Office - 252-482-1876
Cell - 252-312-3692
[e-mail]
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.
Classification: UNCLASSIFIED
Caveats: NONE

Carpenter,Kristi
From: Ward, Garcy
Sent: Monday, October 19, 2015 2:24 PM
To: Carpenter,Kristi
Subject: RE: GP 48 request for Kitty Hawk Emergency Sandbag Project
OK, thanks. I will try to get the 401 out today.
Garcy Ward
Environmental Senior Specialist
Division of Water Resources
North Carolina Department of Environmental Quality
252-946-6481
�arcv.ward@ ncdenr.�ov
943 Washington Square Mall
Washington, NC
A "'���� �� ,�� �
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Carpenter,Kristi
Sent: Friday, October 16, 2015 4:09 PM
To: Ward, Garcy <[e-mail]>
Subject: RE: GP 48 request for Kitty Hawk Emergency Sandbag Project
Garcy,
Per a conversation with Amy we thought the best way to put this project in BIMS was to add a version 2 to project
20150506 since it is the same lat/long for the same thing.
Please let me know if I can be of further assistance.
Thanks,
klc
Kristi Lynn Carpenter
Administrative Assistant
Transportation Permitting Unit
NCDEQ/Division of Water Resources — Wetlands Branch
919.707.8785 office
[e-mail]
512 N Salisbury Street, 12t" Floor
1617 Mail Service Center

Raleigh, NC 27699-1617
� I
°" �i���'il�1� C�'3 ��_,��
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Willis, Thomas C
Sent: Thursday, October 15, 2015 4:36 PM
To: [e-mail]; Ward, Garcy <garcy.ward@ncdenr.�ov>; Carpenter,Kristi
<kristilynn.carpenter@ncdenr.�ov>
Subject: GP 48 request for Kitty Hawk Emergency Sandbag Project
Tracey & Garcy,
Attached is a request for a GP 48 for Emergency sandbag/dune work along NC 12 in Kitty Hawk, Dare County. I have
included a cover letter, PCN, location maps, plan view drawings, cross-sections and correspondence with USFWS & WRC.
Please let me know if you need anything else or have any questions.
Thanks,
Clay
NCDOT— Division One
Environmental Supervisor
Office — 252-482-1876
Cell — 252-312-3692
tcwillis@ncdot.�ov
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-01119 County: Dare U.S.G.S. Quad: NC-KITTY HAWK
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT, Division Engineer
Jerry Jennings
Address: 113 Airport Road, Suite 100
Edenton, NC, 27932
Telephone Number:
Size (acres) 1.0 acres Nearest Town Kittv Hawk
Nearest Waterway Atlantic Ocean River Basin Albemarle
USGS HUC 03010205 Coordinates Latitude: 36.0675609038274
Longitude: -75.6907213649446
Location description: The proiect area is a 1.0 acre area adiacent to NC 12 near NCSR 1260 within the NCDOT Right of Way,
across from the Black Pelican Restaurant in Kitty Hawk, Dare County, North Carolina.
Description ofprojects area and activity: NCDOT proposes to place 6001inear feet of sand bags and to reconstruct sand dunes
on an 1,100 foot section of NC 12 near the intersection with NCSR 1260 in Kittv Hawk, North Carolina. On October 2, 2015
storm surge eroded the norfhbound lane and existing dunes in the proiect area. NCDOT proposes to place the sand ba�s
parallel to the roadwav above the mean hi�h water line. However, because of the increased erosion in the area and in order to
cover the ba�s and create a urotective dune, auproximatelv 0.18 acres of ouen water will be filled below the mhwl. In order to
facilitate the placement of the sandbags NCDOT will install a sheet pile wall that will be removed, in its entiretv upon
completion of the installation. NCDOT proposes to fill the sand bags with material removed from the swash zone within the
proiect area. Construction of the proiect will result in the excavation of 2,083 cubic vards of material.
Applicable Law: � Secrion 404 (Clean Water Act, 33 USC 1344)
� Secrion 10 (Rivers and Harbors Act, 33 USC 403)
Authorizarion: Regional General Permit Number or Narionwide Permit Number: GP 198000048 Emergency Activities on
Ocean Beaches
SEE ATTACHED RGP GENERAL, REGIONAL AND 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 10/16/2015. Any violation of the attached
conditions or deviation from your submitted plans may subject the permitYee 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 expirarion 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 autharization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terins 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 autharized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification ar revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the autharization.
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 Elizabeth City, NC, at [phone].
This Department of the Army veriiication 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 veriiication, any of the conditions of the Permit, ar the Corps of Engineers regulatory
program, please contact Tracey Wheeler at 910-251-4627 or Tracey.L.Wheeler(a)usace.army.mil.
WHEELER.TRACEY.L.127 oN1a1ysignedeyN'"EE`EA�A"`E�""1895162
Corps Regulatory Official: �a9sisz °" °�"5°� w""`p`�"""`""'°°ft'=18�"' Date: 10/19/2015
o��e �a,=,o,9,, 3,4,_0400
Expiration Date of Verification: 12/31/2016

Determination of Jurisdiction:
A. � 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).
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 date of this notification.
D. ❑ The jurisdicrional areas within the above described project area have been identified under a previous acrion. Please reference
jurisdictional determination issued . Action ID: SAW- .
BaSiS FOt' Determinatl0n: All permitted work will occur below the mhwl of the Atlantic Ocean.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdicrion far the parricular site
idenrified in this request. The delinearion/determina�ion may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program parricipants, or anticipate parricipation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starring wark.
F. Appeals Informatlon (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
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 l OM15
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 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.**
Digitally si9ned by WHEELER.TRACEY.L1271895182
WHEELER.TRACEY.L.1271895182 °„ wHEE�ERTRA�E;,e�.;2;;895;8°°° °°-P"' °°-�SA
Corps Regulatory Official: _ oa,e:�o,s.,o.,9,,:34:0,-04�00
Tracey Wheeler
Date of JD: 10/19/2015
Expiration Date of JD: 10/19/2020
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 online at http://re u� latory.usacesurve. .�.

SAW-2015-01119
SPECIAL CONDITIONS
1. Temporary sheet pile must be removed in its entirety upon completion of sand bag placement.
2. No fill material is authorized below MHWL, except what is shown on plats for dune construction.
3. Sand for dune construction must be beach compatible and come from an upland source.

Action ID Number: SAW-2015-01119 County: Dare
Permittee: NCDOT, Division Engineer
Jerry Jennin�s
Project Name: NCDOT/NC 12 Kittv Hawk/Emer�encv Sand Ba�s
Date Verification Issued: 10/19/2015
Project Manager: Tracev Wheeler
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: Tracey Wheeler
2407 West St" Street
Washington, North Carolina 27889
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

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT, Division Engineer File Nuinber: SAW-2015-01119 Date: 10/19/2015
Jerr Jennin s
Attached is: See Section below
U INITIAL PROFFERED PERMIT (Standard Permit or Letter of permissi
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
❑ PERMIT DENIAL
❑ APPROVED JURISDICTIONAL DETERMINATION
IRl PRELIMINARY JURISDICTIONAL DETERMINATION
�
:
0
0
�
SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional infarmation may be found at or http://www.usace.ariny.mil/Missions/CivilWorks/Re igi, latoryPro�ramandPermits.aspx
or the Corns re�ulations 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 detenninations 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 worlc 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 forn7 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 perinit 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.
PO1NT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
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, Washington Regulatory Field Office, Mr. Jason Steele, Administrarive Appeal Review Officer
Attn: Tracey Wheeler CESAD-PDO
2407 West 5`� Street U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Farsyth Street, Room l OM15
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 investigarions 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 send this form to:
District Engineer, Washington Regulatory Field Office, Attn: Tracey Wheeler, 2407 West 5`� Street, Washington, North
Carolina 27889
For Permit denials, Prof'fered 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www. saw.usace.army.mil/WETLANDS/index.html
General Permit No.
Name of Permittee:
Effective Date:
Expiration Date:
198000048
General Public
Januarv 1, 2011
December 31, 2016
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary
of the Army by
District Commander
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE EMERGENCY CONSTRUCTION OF PRIMARY DUNES AND ANY
ASSOCIATED EXCAVATION WATERWARD OF THE MEAN HIGH WATER (MHW)
ELEVATION CONTOUR ON ATLANTIC OCEAN SHORELINES WITHIN NORTH
CAROLINA, AND TO AUTHORIZE THE EMERGENCY PLACEMENT OF
SANDBAGS AND ANY ASSOCIATED EXCAVATION NECESSARY TO FILL
SANDBAGS WATERWARD OF THE MEAN HIGH WATER (MHW) ELEVATION
CONTOUR ON ATLANTIC OCEAN SHORELINES WITHIN NORTH CAROLINA.
Special Conditions
a. Before initiating work under the authority of this general permit, the permittee must
obtain written approval from the North Carolina Division of Coastal Management (NCDCM) and
forward this approval to the Corps of Engineers, Wilmington District, Regulatory Division.
b. Work authorized by this general permit is limited to the reconstruction of primary
dunes and the placement of sandbags determined to be absolutely necessary to rectify an
emergency situation as defined by North Carolina Coastal Resources Commission Regulations.
The NCDCM in coordination with the Corps of Engineers, Wilmington District, Regulatory

Division, will make the decision whether an emergency exists. All work must comply with the
North Carolina Guidelines for Areas of Environmental Concern in Ocean Hazard Areas.
c. This general permit does not necessarily authorize restoration of the property to its
condition prior to the emergency. The Corps or the NCDCM may limit the scope of work to that
necessary to stabilize the beach to prevent property damage, injury or loss of life. Neither the
U.S. Government nor the State of North Carolina will be held liable should the authorized work
not fulfill its intended purpose.
d. All activities authorized by this general permit must be performed in strict accordance
with the Special and General Conditions of this general permit, any specific instructions from the
State or the Corps and any other state or federal requirements including North Carolina General
Statutes 113-229, 143-215.3(a)(1), 143-215.3(c) and 113A-118.
e. This general permit does not authorize the excavation or filling of wetlands subject to
Clean Water Act regulation.
f. Primary dunes will be reconstructed at or landward of existing or recently eroded
primary dunes and/or adjacent primary dunes.
g. Between April 1 and November 15 of any year, no work will be autharized by this
general permit until the permittee notifies the Corps and the Corps, after appropriate coordination
with USFWS and/or NCWRC makes a case specific determination that the work is not likely to
adversely affect threatened or endangered species or their critical habitat. The Corps may require
a permittee to comply with specific conditions to ensure that authorized work does not adversely
affect threatened or endangered species or their critical habitat.
General Conditions
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. 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.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit
issued by the North Carolina Division of Water Quality.
2

d. 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).
e. The activities authorized by this general permit must not interfere with the publics
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the pertnittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the properry or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
1. In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
3

(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
n. This general permit does not authorize any activity that the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as deiined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity which will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
http://www.ncnhp.or�/Pa�es/herita�edata.html. or htt�://nc-es.fws.gov/es/es.html. Permittees
should notify the Corps if any listed species or designated critical habitat might be affected by the
proposed project and may not begin work until notified by the Corps that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
�

p. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
r. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
s. Activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon an RGP will remain authorized provided the activity is completed
within twelve months of the date of an RGP's expiration, modification, or revocation. Activities
completed under the authorization of an RGP which was in effect at the time the activity was
completed continue to be authorized by that RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
�
efferson M. avage
Colonel, U.S. Army
District Commander