20170401 Ver 1_404 permit BR262_20170407

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00675 County: Caldwell U.S.G.S. Quad: NGGRANITE FALLS
GEN�RAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT, Division 11
Attn. Mr. Heath Slau¢hter
Address: SOl Statesville Road
North Wilkesboro. NC 28659
Telephone Number: 336-903-9202
Size (acres) 1_2 Nearest Town Granite Falls
Nearest Waterway Old Mill Pond on Gunpowder Creelc River Basin Santee
USGS HUC 0305010] Coordinates Latitude: 35.80464
Longitude: -81.41299
Location description: The oroiect site is located on SR 1107 at Bridae #262 which crosses Old Mill Pond on Gunaowder Creelc.
near Granite Falls, Caldwell Countv. NC. The proiect is identified as 17BP11.R135.
Description of projects area and activity: The removal and replacement of an existin¢ brid2e. A new bridee will be constructed
in the same footorint. A causewav is required for construction, however all but the bottom 1 foot of this causewav will be
removed. This will resuit in a nermanent loss of 0.77 acre of open water. Since this particular permanent impact has been
determined bene�cial bv the NC Wildlife Resources Commission (fish habitat), it is considered to be an overall minor
deviation in the orieinal fill area. No compensatorv mitieation is required.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 3
SEE ATTACHED RGP or 1VWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your worlc 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 Aoril 4, 2017. Any violation of the attached
conditions or deviation Trom your submitted plans may subject the permittee to a stop work order, a res[oration 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 authotization 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 flie nationwide peimit, will remain a�thorized provided the
activity is completed within twelve months of the date of the nationwide permiYs expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activilies subject to Secrion 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For acrivities occurring within the twenty coastaf counties subject to regalation 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 Monte Matthews at 919 554-4884 X 31 or Monte.I{.Matthews usace.arm .mil.
Corps Regiilatory Official: � � Date: Aari17, 2017
Expiration Date of Verification March 18, 2022

Determination of Jurisdiction:
A. ❑ There are waters, including wetlands, on the above described project area 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). This preliminary
determinaUon 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. Please nota, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
appmved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the pe�mit 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 the law or our publisbed 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, including wetlands, within the above described project area that ue 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,
tlus determination may be relied upon for a period not to exceed five years from the date of tlus notification.
D. ❑ The jutisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW- .
Basis For Determination: No official Jurisdictional Determination required. Data concerninE an ordinarv hi�h
water marlc provided bv NCDOT
E. Attention USDA Program Participants
This delineation/deteiTnination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in tlus reyuest. 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 of6ce of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction determination for the above described site. ]f 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 Sh•eet S W, RDom 1OM15
Atlanta, Georgia 30303-8801
Phane:[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 CFRpart 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 N/A.
*�It is not necessary to submit an RF orm to the Di 'sion Office if you do not object to the determination in this con�espondence.**
Corps Regulatory Official: /
Monte tt�vs

Date of JD: Marcl� 7, 2017 Expu•ation Date of JD: N/A
SA�V-2017-00675
Action ID Number: SAW-2017-00675 County: Caldwell
Permittee: NCDOT, Division 11 attn. Heath Slaughter
Project Name: NCDOT BR 262 SR ll07 DIV 11
Date Verification Issued: Apri17, 2017
Project Manager: Monte Matthews
Upon completion of the activity authorized by this permit and any mitigaHon required by the permit,
sign this certification and return it to the following address:
US ARMY CQRPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Monte Matthews
3331 Heritage Trade Drive, Suite 105
Walce Forest, NC 27587
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 worlc 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 9DAiINISTRATIV C APPGAL OPTiONS AND PROCGSS AND
RCQU�ST FOR �1PP�AL
NCDOT Division 11
Atteched is:
❑ INITIAL PROFFERED P�RMIT
❑ PROFFERED PERIvIIT (Staudarc
n PERMIT DENIAL
PRELIMINARY JURI
File Nuuibe�r: SAW-2017-00675
Stancfard Permit or Letter
Permit or Letter of'uennis
I Date: �
See Section below
SECTION I- The following iclentifies your rights and options regarding an adriunish•ative appeal of She above decision.
Additional infonnation may be found at httu://w��-w.usace.anny.mil/Missions/CivilWorks/Re�ulatorvProc�rainaudPenuiis.as�
a Corns reeulations 2t 3� CFR Paifi 337.
A: INITL4L YROFF�12�ll P�RMIT: Yon may Tccept m• ol�ject to the permit.
ACCEPT: If you receiveci a Standard Pennit, you may sign the permit document and return it to the district engineer for fmal
autfiorization. IPyou received a Letter of PermissiQn (LOP), y�u m�y accept tl�e LOP ai�d ,your wodc is auihorized. Your
signahire on the Staudard Permit or acceptaucc of the LOP means that you acce.pt the permit in its entirety, and waive all
rights to appe�al the� permit including its terins and conditions, aud approved juiisdictional determinations associated with tl�e
permit.
OBJECT: If you object to the permit (Standard or LOY) because of certaui terms aud conditions therein, you may request
tliat tlie permit be modified accordingly. You must complete Section II of this form and return the fonn 10 the district
engineer. Your abjections must b� raceived by the district engineer within 60 days of the date of this notice, or you will
f'orfeil your right to appeal the permit ui the Puhu•e. Upov receipt ofyour letter, ttie district engineer will evaluate your
objections and may: (a) modify tlic pormit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permithaving determined that the periuit should be issued as previously written, After
evaluzting your objections, tlie district engineer will sevd you a proffered permit for your reconsideration, as indicated 'u�
Section B Uelow.
B: PROFP�R�D P�RMIT: You may accept a• appeal tl�e permit
ACCEPT: Ifyou received a Stand�rd Pennit, yc�u may sign the permit doc�unent 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 autliorizect. Your
signati�re on the Staudard Permit or acceptancc of tlie LOP means that you accept tl�e permit in its entirety, aud waiva all
rights to appeal the pennit, including its terms and conditions, and approved jurisdictioual determinations associated with tl�e
permit.
APPEAL: [f you choose to decline the proffered permit (Standard or LOP) because of certaui ferms and conditions therein;
you may appeal tl�e declined pennit under tl�e Co�ps of Engiueers Administrative Ap}�eal Process by cornpleting Sectiou II of
this form aud sending the forn� to the division engineer. This foivi must be received by the division engineer witliin 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denill of a permit under the Corps of Engi��eers Administrative Appea] Process by
complefing Section II of tl�is fonu and sending the form to the division engineer. This form must be received by the division
engineer within 60 days ofthe date ofthis notice.

D: APPROV�ID JURTSDICTIONAL IDET�RMINATI01�1: You may accept or appeal the appr�ved JD or provide new
information.
a ACCEPT: You do not need to notify tha Corps to accept an approved JD. Failure to uotify the Corps within 60 d�ys of the
date of this notice, means t1iaY yoii accept the approved JD in its eutirety, and waive all riglits to appeal the approved JD.
e APPEAL: lf you disagree with the approvecf 7D, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Se�etion Il of this form and seucling ttie form to the district eugineer. Tlris form
must be received by the division engineer withiu 60 days of tlze date of this notice.
�: PRELIMINARY NRISDICTIONAL DET�RMINATION: You do not need to respond to the Corps regardii�g the
preliminaiy JU. The Preliminary JD is not appealaible. If you wish, you may request an approved JD (whicl� may be appealed),
by contacfi�ig the Corps dish�ict for fw ther insh�uction. Also you may provide new ii�formation for further consideration by the
Corps to reevaluata tlie JD.
S6CTION II - RLQUEST POR APPGAL or OBJ�CTIONS TO AN INITIAI.. PROPFLRED PERMIT
REA SONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for �ppeal'u�g tlie decisioi� a your objections to av iiv[ial
proffered permif ui cle�ar concise statemants. You may attacl� additional information to this fonn te clarify where your reasons or
oUjections are addressed iv tlie adminisUative record.)
ADDITIONAL INFORMATION: Tl�e appeal is limited to a review of tlie administrativa recorcf, fhe Corps memorandum for tUe
record of the appeal conference or meetvig, and any supplemental iiiformation that the review officer has determined is needed to
claiifti the admii�istrative recoit9. NzitYier the �ppell�nt nor the Corps may add new niformation or analyse�s to tlic record.
Howeve�r, yoii may provide additional information to clarify flie locTtion of information that is already in the aduiulistrative
reca d.
POINT OP CONTACT POR QUL-STIONS OR INFORMATION:
If'yc�u liave questions regarding this decision and/or tlie If you oiil,y have questions regarding il�e appa�l pracass you may
appeal process you may contact: also contact:
Dislrict �ngineer, Wilmingtou Regulatory Division, Attn: Mr. Jasov Steele, Administrative Appeal Review O£ficer
Monte blattLe�vs CESAD-PDO
919-554-d884 x31 U.S. Arm�� Corps of Engineers, Soirtli Atlantie Division
60 F'orsyYh Sheet, Room ]OM15
Atlanta, Ueurgia 30303-5801
Phone:(404)�62-5137
RIGHT OF CNTRY: Your signature below grants tl�e righl uf entry to Corps of Enbineers personnel, ai�d auy government
consultants, to conduct investigations of the project site duriug the course of the appeal process. You ��uill be provided a 15 day
notice of any site ivvestigation, and will liave fhe oppoitunity to participate in all site investigations.
D�te: Teleplione number:
Signature of appellant or agent.
For npperds ou Initirr[ Proffered Perntils se�rr! this fornr m:
Dish�ict Engineer, Wiliuington Regidatmy Division, Attu: Monte Mattl�ews, 69 Darlingtm� Avenue, Wilmington, Nortli
Carolina 28d03
Tor Perndl deaials, Proffered Pernvits mrd Approved Jin��.cdictionn[ Deierminntions sentl iltrs fotvn lo:
Divisiou Gngiueer, Cumm�nder, U.S. Army Tngineer Division, South Atlantic, Attn; Mr. Jasou Steele, Administrative Appe�l
Officer, CCSAD-PDO, 6U P'oisyth Street, Room 1OM15, Atlanla, Ccorgia 30303-5801
PLone: (40d) 562-5137