20072112 Ver 2_Ocean Outfall 6_20180316

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-03819 County: Dare USGS Quad: Manteo. NC
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Properiy Owner / Authorized Agent: NCDUT, .lerrv Jennings, Division En�ineer
Address: l I3 Airnort Road, Suite 100
Edenton, North Carolina 27932
Telephone No.: �252) 482-7977
Size and location of property (water body, road name/number, town, etc.): The prpiect is located on the beach at ocean
outfall structure # 6, east of NC Highwavl2 and Lake Drive (Mile Post 9.75) in the Town of Kill Devil HiAs,
adjacent to the Atlantic Ocean.
Description of projects area and activity: Perform maintenance and repair to the existiag oatfall structure bv
replacin� 4 sections (44 feet in length) of damaged stormwater piue restoring the outfall structure to its orisinal
design length of 570 feet. Install anproaumatelv 280' of temporarv steel sheet pile around the nroiect area to
dewater the area dqring canstruction and maintenance. See Attached Additional Snecial Conditions
Applicable Law: � Section 404 (Clean Water Aet, 33 USC 1344)
� Section 10 (Rivers and Harbars Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW # 7 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide pernut 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 suthori2ation expires or is suspended, revokcd, or is modified, such that the
activity would no longer comply with the te�ms and conditions of the na#ionwide pernut, acrivities wliich have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide pernut, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Certiiication. You
should contact the NC Division of Water Quality (telephone [phone]) to deternune 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 .
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 Pernut, or the Corps of Engineers regulatory
program, please contact Bili Biddleeome at 252-975-1b16 ex 26.
.
Corps Regulatory Official Date: 12/07/2007
Expiration Date of Verification; I2/D712�09
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 attached customer Satisfaction Survey or visit httn://www.saw.usace.artny.tni[lWETLANDS/index.html to
complete the survey online.
Page 1 of 2

Determination of Jurisdiction:
❑ 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).
� There are Navigable Waters of the United States within the above described project area subject to the pemut 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 ar our
published regulations, this determination may be relied upon for a period not to exceed five years ftom the date of this
norification.
❑ 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
deternunation may be relied upon for a period not to exceed five years from the date of this notification.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: This area exhibifs a High Tide Line as indicated bv nhvsical markin�s on the beach front
and is nart of the Atlantic Ucean.
AppealS InformatlOn (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
deternunation, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Norification 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:
District Engineer, Wilmington Regulatory Division
Atln:Bill Biddlecome, Project Manager,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
In order far an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria far appeal
under 33 CFR part 331.5, and that it has been received by the District 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 RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: .
Date 12/07/2007
Expiration Date 121U712�U9
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Page 2 of 2

Additional Special Conditions
Action I.D. # SAW-2007-03819, NCDOT, Ocean Outfall # 6, Dare County
a. To protect and prevent an incidental take of Nesting Sea Turtles or Piping Plovers
occurring for the project, no work on this project will be performed between April 1 and
November 15 of any year.
b. All temporary sheet pile used for dewatering will be removed within 1 week of
completion of the project.

Action ID Number:SAW-2007-03819
Permittee: NCDUT, Jerrv Jennin�s
Date Verification Issued: 12/07/2007
Project Manager: Bxddlecame
County:Dare
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certi�cation and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1000
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. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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

� U.S. Geological Suivey map(s). Cite scale & quad name:Manteo, NC.
❑ USDA Natural Resources Conservation Service Soil Survey. Citation: .
❑ National wetlands inventory map(s). Cite name: .
❑ State/Local wetland inventory map(s): .
❑ PEMA/FIRM maps: .
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
❑ Photographs: � Aerial (Name & Date): .
or ❑ Other (Name & Date): .
� Previous determination(s). File no. and date of response letter:SAW-2007-02242-128.
❑ Applicable/supporting case law: .
❑ Applicable/supportivg scientific literature:
❑ Other information (please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD:
i*�C�T�IHIe<'�"�I�r�f �F' g�Vil�ilS"1"f�.��TIVE �4�'��.'��+QI�TiC?�IS h�1VP 1'R�C`��S:S �N�3
RE�LIG�'r 1�'C)I� r�PP�',A.T
Applicant: NCDOT File Number: SAW-2007- Date: 12/0712007
I 03819
Attached is�
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
See Section below
0
PROFFERED PERMIT (Standard Pei-mit or Letter of eimission) B
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 h�tt}�:flwtivz�v.u_s�ce.�rityv.c��il�`i�1�v'1'uE�ctic�t3s,��c�r/�+�ew�e�/r�� or
Corps 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 Pennit, you may sign the pernut document and return it to the dish�ict engineer for final
authorization. If you received a Letter of Pernussion (LOP), you may accept the LOP and your work is authorized. Your signahzre
on the Standard Permit or acceptance of the LOP ineans that you accept the permit in its entirety, and waive all rights to appeal the
pernut, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the pernut (Standard or LOP) because of certain terms and conditious therein, you may request that the
permit be modiiied accordingly. You must complete Section II of this form and return the foim 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 pernut in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
peinut to address all of your concerns, (b) modify the pernut to address some of your objections, or (c) not modify the permit
having determined that the pernut should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered pernlit 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 iinal
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 pernut 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 complering Section II of this form
and sending the form to the division engineer. This form rnust 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 pernut under the Coips of Engineers Administrative Appeal Process by
completing Section II of this forni and sending the form to the division engineer. This form must be received b_y 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 entu-ety, 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 district engineer. This form must be received by
the divisiou 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.
SEC"i'Tt7IV I� - RI:Q�EST T'QF� AP�EAL or �I3.FF:+C�`IfJNS TO AN I�11iI�1�. PR�FFEI��D 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 adrninistrative 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 Coips
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.
�'OI1�9T OF C:��Tr-1.�T F`Ui� Q[.1ES1'1CiI��S Cl� II�I=C�F�I�I-t��t��1:

If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
William J. Biddlecome Mr. Mike Bell, Administrative Appeal Review Officer
U.S. Army Corps of Engineers CESAD-ET-CO-R
Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 9M15
[phone] ex 26 Atlanta, Geargia 30303-8801
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 opportunity to participate in all site i
investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn:Bill Biddlecome, Project Manager, Washington
Regulatory Field Office, Post Of�ce Box 1000, Washington, North Carolina 27889
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 4M15, Atlanta, Georgia
30303-8801