20091148 Ver 1_Application_20091027

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION -
BEVERLY EAVES PERDUE EUGENE A. CONTI, JR.
GOVERNOR - SECRETARY
?DpA October 21, 2009
Mr. VAHim"-WesctSff i1 @9 tJ 11??fJ?
U.S. Army Corps of Engineers 1 / DIV
Regulatory Field Office [?
Post Office Box 1000 _ 8 OCT 2 7 200.9
Washington, NC 27889-1000
Dear Sir:
VlETLANDDENRS-ANDWATERDUNTEMR
STORMWAR BRANCH
Subject: Application for Section 404 Nationwide Permit 23, Section 401 Water Quality
Certification, and Neuse Riparian Buffer Authorization for the replacement of
Bridge No. 37 over Nahunta Swamp on SR 1537 in Wayne County. State Project No.
8.2331801. Federal Aid Project Number BRZ-1537(4). Debit 5240.00 from WBS
33827.1.1.; TIP No. B-4672.
The North Carolina Department of Transportation (NCDOT), Division of Highways, in
consultation with the Federal Highway Administration (FHWA), proposes to replace Bridge No.
37 in Wayne County. The project involves replacement of the existing functionally obsolete and
structurally deficient 87-foot bridge with a new 120-foot bridge. The new bridge will feature two
11-foot lanes and 4-foot offsets. The south approach will be approximately 400 feet long and the
north approach will be approximately 300 feet long. Proposed permanent impacts are 0.14 acre
to riverine wetlands for fill and < 0.01 acre of rip-rap in surface waters. The proposed let date for
the project is February 15, 2010 with a review date of December 29, 2010. However, the let date
may advance as additional funds become available.
Please find enclosed a site map, a Pre-Construction Notification (PCN) form, permit drawings,
roadway plans, compensatory mitigation plan, and a copy of the state stormwater management
plan for the above referenced project. A Programmatic Categorical Exclusion (PCE) was
completed for this project on March 22, 2008, and distributed shortly thereafter. Additional
copies are available upon request.
Regulatory Approvals
Section 404 Permit: All aspects of this project are being processed by the Federal Highway
Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). The
NCDOT requests that a Nationwide Permit 23 authorize these activities.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] ATLANTIC AVENUE
PROJECT DEVELOPMENT ANO ENVIRONMENTAL ANALYSIS SUITE 116
1598 MAIL SERVICE CENTER WEBSITE: WWW.NCOOLORG RALEIGH NC 27604
RALEIGH NC 27699-1598
I S
Section 401 Permit: We anticipate 401 General Certification number 3701 will apply to this
project. All general conditions of the Water Quality Certifications will be met and we are
requesting written approval from NCDWQ. In accordance with 15A NCAC 2H, Section
.0500(a), we are providing five copies of this application to the NCDWQ for their approval.
Neuse Riparian Buffer: NCDOT requests that the NC Division of Water Quality review this
application and issue a written approval for a Neuse Riparian Buffer Authorization.
A copy of this permit application will be posted on the NCDOT website at:
http://www.ncdot.or,g/doh/preconstruct/l)e/neu/penilit.html
If you have any questions or need additional information, please call or email:
Dr. Lance P.,Fontaine at 919-431-6667 or [e-mail].
Sincerel ,
Gregory J. Thorpe, Ph.D. Environmental Management Director
Project Development and Environmental Analysis Branch
W/attachment
Mr. Brian Wrenn, NCDWQ (5 Copies)
W/o attachment (see website for attachments)
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Victor Barbour, P.E., Project Services Unit
Mr. Mark Staley, Roadside Environmental
Mr. Richard E. Greene, P.E. Div. 4 Engineer
Mr. Chad Coggins, Div. 4 Environmental Officer
Mr. Scott McLendon, USACE, Wilmington
Mr. Gary Jordan, USFWS
Mr. Travis Wilson, NCWRC
Mr. Ron Sechler, NMFS
Ms. Anne Deaton, NCDMF
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Ms. Pam Williams, PDEA Project Planning Engineer
Ms. LeiLani Paugh, NEU
Mr. Randy Griffin, NEU
1)
O?OF W AT eq?G
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the
Corps:
I

D Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NW P) number: 23 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
td. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ®No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Replace Bridge No. 37 on SR 1537 (Airport Road) over Nahunta Swamp.
2b. County: Wayne
2c. Nearest municipality / town: Pikeville
2d. Subdivision name: not applicable
2e. NCDOT only, T.I.P. or state
project no: 8-4672
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
3b. Deed Book and Page No. not applicable
3c. Responsible Party (for LLC if

applicable):
not applicable
3d. Street address: 1598 Mail Service Center
3e. City, state, zip: Raleigh, NC 27699-1598
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: not applicable
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: not applicable
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
R. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): not applicable
1b. Site coordinates (in decimal degrees): Latitude: 35.511745 Longitude: -77.94832
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 1.9 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Nahunta Swamp
proposed project:
2b. Water Quality Classification of nearest receiving water: C; Sw; NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing conditions on the site include maintained/disturbed, agricultural/cultivated land, mixed hardwood forest and
bottomland hardwood forest. General land use is residential with low-density detached dwelling and cropland and
pasture
3b. List the total estimated acreage of all existing wetlands on the property:
0.7
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,247
3d. Explain the purpose of the proposed project:
To replace a structurally deficient and functionally obsolete bridge.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project involves replacing an 87-foot bridge with a 120-foot bridge on the existing alignment with an off-site detour.
Standard road building equipment, such as trucks, dozers, and cranes will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/

® Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ? preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: STV/Ralph Whitehead

Name (if known): A. Karagosian and J. Schwaller Associates
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
October 17, 2008
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
? Open waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 21b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
Perm Fill;
Site l ®P ®T Temp Fill; Riparian ® Yes ® Corps 0
15
Mach Clearing; ? No ? DWQ .
Excavation
Site 2 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 3 ? P ? T ? Yes ? Corps
? No ? DWQ'
Site 4 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 5 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.14 Perm.
<0.01 Temp.
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 31b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of Average Impact length
number - (PER) or jurisdiction stream (linear feet)
Permanent (P) or intermittent (Corps - 404, 10 width
Temporary (T) (INT)? DWQ - non-404, (feet)
other)
Site 1 ® P ? T Rip-rap at Nahunta Swamp ® PER ® Corps 25 22
embankment ? INT ? DWQ
Site 2 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 3 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 4 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 5 ? P ? T ? PER [:Corps
? INT ? DWQ
Site 6 ? P E] T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 22 Perm
0 Temp
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all o en water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number - waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0 Permanent
0 Temporary
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below-
5a . 56 . 5c. 5d. 5e.

Pond ID
Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland

number (acres)
purpose of pond Excavat
Flooded Filled ed Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually l ist all buffer
impacts below. If an impacts require mitig ation, then you MUST fill out Section D of this form.
6a.
® Neuse
?Tar-Pamlico
? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Temporary T required?
131 ®P ? T Bridge Nahunta Swamp ® Nos 4,952 194
B2 ®P ? T Roadway Fill Nahunla Swamp ® Nos 45 3,406
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 4,997 3,600
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed bridge is 33 feet longer than the existing bridge; the proposed bridge will be at approximately the same
grade as the existing structure, off-site detour will be used; 3:1 fill slopes where practicable.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sedimentation and erosion control measures; design standards in sensitive watersheds; top-down construction; off-site
detour will be used; adherence to in-water work moratorium.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No

If no, explain
:
2b. If yes, mitigation is required by (check all that apply): ? DWQ M Corps

2c.
If yes, which mitigation option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: not applicable
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
41b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
see attached-Compensatory Mitigation Plan for Wiggins Mill
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
9
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.

Comments: See attached permit drawings. Yes No

® ?
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A
21b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
See attached permit drawings and stormwater management plan.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? not applicable
? Phase II
31b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HOW
(check all that apply): ? ORW
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a . Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b . Have all of the 401 Unit submittal requirements been met? ® Yes ? No
10
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
tc. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ® Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Welland Rules (15A NCAC 2H .0500), Isolated
Welland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ®No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes
additional development, which could impact nearby downstream water quality? ® No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Due to the minimal transportation impact resulting from this bridge replacement, this project will neither influence nearby
land uses nor stimulate growth. Therefore, a detailed indirect or cumulative effects study will not be necessary.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
not applicable
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
h
bi
?
? Yes
®No
a
tat
5b. Have you checked with the USFW S concerning Endangered Species Act

i
? El Yes
®No
mpacts
5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NCNHP, USFWS, field surveys
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes N

status (e.g., National Historic Trust designation or properties significant in o
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA Documentation
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: NCDOT Hydraulics coordination with FEMA
8c. What source(s) did you use to make the floodplain determination? FEMA Maps

Dr. Gregory J. Thorpe Ph D
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gent's Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.
12
STORMWATER MANAGEMENT PLAN
Project: 33827.1.1
TIP No. B-4672
Wayne County
3/23/2009
Hydraulics Project Manager: James Rice, P.E. (HDR Engineering),
Marshal Clawson, P.E. (NCDOT Hydraulics Unit)
ROADWAY DESCRIPTION
The purpose of this project is to replace Wayne County Bridge No. 37 on SR
1537 (Airport Rd.) over Nahunta Swamp. Bridge number 37 is 87 feet in length and has
a clear roadway width of 23.6 feet. The replacement structure will be a bridge
approximately 120 feet long providing a 30 foot clear deck width. The bridge will
include two 11-foot lanes and 4-foot offsets. The roadway grade will be approximately
the same as the existing structure.
The approach roadway will extend approximately 245 feet from the south end of
the new bridge and 185 feet from the north end of the new bridge. The approaches will
be widened to include two 11-foot lanes with 8-foot shoulders, 4-foot of which will be
paved. The roadway will be designed as a Rural Local Route with a 60 mile per hour
design speed using the Sub Regional Tier Design Guidelines for Bridge Projects. Traffic
will be detoured off-site during construction.
The project B-4672 creates impacts to one named stream (Nahunta Swamp)
within the Lower Neuse River Basin. Table 1 shows the stream and the proposed crossing
structure. The project drainage consists of deck drains, grated inlets with associated pipe
systems, and lateral storm water ditches.
Table 1. List of Stream Crossings in Project R-2301A
Site # Station
I
Stream Name
Drainage
Proposed Structure
area
120' 3-Span Cored
1 -L- 16+54 Nahunta Swamp 24.4 Sq Mi Slab
ENVIRONMENTAL DESCRIPTION
The project is located within the Lower Neuse River Basin and Wayne County
which is not a CAMA county. The stream listed in Table 1 has been classified as
jurisdictional stream and therefore riparian buffer rules apply. The purpose of the rule is
to protect and preserve riparian buffers in the Lower Neuse River Watershed to maintain
their nutrient removal functions. The NCDWQ Surface Water Classification is listed as
C; Sw, NSW. Nahunta Swamp also shows up on the 303(d) list based on impaired
biological integrity due to agriculture.
There are wetland areas that will be impacted by the proposed project. Wetland
impacts have been reduced to a minimum by keeping roadway fill slopes at 3:1. In order
to maintain existing drainage patterns, a lateral ditch was required on the South West
corner. In order to minimize impacts to the wetlands, the ditch slopes were increased to
2:1. At the bridge, the spans were arranged to reduce impacts to surface water and
wetlands. One pier will still fall in the edge of the wetlands. The existing bridge has 4
piers, two of which fall inside the waters edge, and one in the wetland.
Deck drains have been added to the proposed structure. The existing structure has
deck drains that discharge directly into the surface water. The deck drains on the
proposed structure will not discharge directly into the surface water, but they will
discharge on the embankment rip rap under the bridge. Deck drains were required due to
the length of the structure and structure profile's low gradient.
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
The primary goal of Best Management Practices (BMPs) is to prevent degradation
of the states surface waters by the location, construction and operation of the highway
system. The BMPs are activities, practices and procedures taken to prevent or reduce
stormwater pollution. The BMPs and measures that will be used on this project to reduce
stormwater impacts are preformed scour holes.
PREFORMED' SCOUR HOLES
A preformed scour holes has been utilized to diffuse the velocity from the storm
system at Sta 18+00 on the left that drains into the jurisdictional stream.
Compensatory Mitigation
The Wiggins Mill Mitigation Site is located in Wilson County, south of the Wiggins Mill
Reservoir and southwest of the City of Wilson. It encompasses approximately 89 acres.
The site grading was completed in October 2000 and planting in March 2001. The site
provided 84 acres of small stream swamp hardwood (I" and 2"d order streams),
bottomland hardwood, swamp hardwood, and headwater forest/low elevation seep
wetland communities restoration, 5.3 acres of bottomland hardwood enhancement, 7,020
linear feet of stream restoration, and 11.31 acres of buffer restoration. The site
successfully completed five years of monitoring in 2005.
As shown below, NCDOT has debited 0.14 acres of riverine wetland restoration from the
Wiggins Mill Mitigation Site to provide compensatory mitigation to offset the 0.14 acres
of unavoidable riverine wetland impacts associated with the replacement of Bridge 37
over Nahunta Swamp on SR 1537 TAY B-4672.
NCDOT
Onsite
Mitigation
Debit
Ledger
River Mitigation
Site name HUC Basin Division Count Type Available Debit
Wiggins
Mill 3020203 Neuse 4 Wilson B-4672
Riverine
Wetland
Restoration 10.45 0.14
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT ('0P if
Action Id. SAW-2008-00543 County: Wayne U.S.G.S. Quad: Fremont
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: North Carolina Department of Transportation c/o Pamela Williams
Address: 2728 Capital Boulevard, Suite 167
Raleigh, North Carolina
27604
Telephone No.: 919-715-5507
Property description
Size (acres) 5.20 Acres Nearest Town Coley Acres
Nearest Waterway Nahunta Swamp River Basin Neuse River
USGS HUC 03020203 Coordinates N 35.5118 W -77.9481
Location description The oroiect area is located on and around SR 1537 over the main channel of Nahunta Swamp
(B-4672), East of Highway 117, North of Goldsboro Wayne County North Carolina
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property 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.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (C WA)(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.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered fmal, any delineation must be verified by the Corps.
X The waters of the U.S. including wetland on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on _. 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.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Page 1 of 2
Action Id. SAW-2008-00543
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Emily Jernigan at 252-975-1616 ext. 28.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is art of a broad
continuum of wetlands connected to the main channel of Nahunta Swam a tributary of Contentnea Creek and the
Neuse River, both waterways are considered TNWs
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. 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:
District Engineer, Wilmington Regulatory Division
Atm:Emily Jernigan, Project Manager,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
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 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 12/17/2008.
**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 10/17/2008 Expnation Date 10/17/2013
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 our website at bqp://regulatorv.usacesurvey.com/ to
complete the survey online.
Copy furnished:
Steven Busbee
Page 2 of 2
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 10/17/2008
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:SAW-2008-00543 NCDOT\ B4672\ SR1537\ Nab unta Swamp\Wayne
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project area is located on and around SR 1537 over
the main channel of Nahunta Swamp (B-4672), East of Highway 117, North of Goldsboro, Wayne County, North Carolina.
State:North Carolina County/parish/borough: Wayne City: Coley Acres
M f
Center coordinates of site (lat/long in degree decimal format): Lat. 35.51180 !N, Long. -77.9481 °.
Universal Transverse Mercator:
Name of nearest waterbody: Nahunta Swamp
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Contentnea Creek
Name of watershed or Hydrologic Unit Code (HUC): 03020203
El Check if map/diagram of review area and/or potential jurisdictional areas is/we available upon request.
10 Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... )are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
rn..
} Office (Desk) Determination. Date:
Field Determination. Date(s): 05/20/2008
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There u "navi able waters o the U.S." within Rivers and Harbors Act RHA jurisdiction as defined b 33 CFR art 329 in the
review area. [Required]
QI. Waters subject to the ebb and flow of the tide.
Q' Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There {Arg "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
Q TNWs, including territorial seas
n Wetlands adjacent to TNWs
Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
Q Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
[] Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Q Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments ofjurisdictional waters
Q Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least -seasonally"
(e.g., typically 3 months).
Non-wetland waters: 573 linear feet: width (R) and/or 0.18 acres.
Wetlands: 0.23 acres.
c. Limits (boundaries) of jurisdiction based on: Establi'stiedibyaOt7WMj
Elevation of established OHWM (i£ known): Boundaries of Jurisdiction also based on criteria in the 1987 Corps Welland
Delineation Manual.
2. Non-regulated waters/wetlands (check if applicable):'
Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section II1.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.I.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
n^It-:m 71
Watershed size: P!&M Hst
Drainage area: uck`Iist
Average annual rainfall: inches
Supporting documentation is presented in Section 1111.
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through EiW71 is't tributaries before entering TN W.
Project waters are Pick!liist river miles from TNW.
Project waters are PicWX, ist river miles from RPW.
r.„?.
Project waters are EickZist aerial (straight) miles from TNW.
Project waters are PickM i aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that anplyl_
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: - feet
Average side slopes: fl'aek List.
Primary tributary substrate composition (check all that apply):
? silts ? Sands - ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/%cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/rif c/pool complexes. Explain:
Tributary geometry: Piek?'?tL°i_st-
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pic L
Estimate average number of flow events in review area/year: Pick;_liist
Describe flow regime:
Other information on duration and volume:
Surface flow is: P.ick'tiist. Characteristics:
kw:ana:Ay?;
Subsurface flow: P.ich;T:ist. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM' (check all indicators that apply):
? clear, natural line impressed on the bank ? the presence of litter and debris
' Flow route can be described by identifying, e.g., tributarv a, which flows through the review area. to flow into tributary b, which then flows into TNW.
°A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's Dow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
? Discontinuous OHWM.r Explain:
If factors other than the OH WM were used to determ
High Tide Line indicated by: Q
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWAjurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics: -
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics-
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
r ;crx?sso-..
Flow is: P.iek Uit. Explain:
Surface flow is: Pick tstl _
Characteristics:
Subsurface flow: Picfthis?t. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with xi_n TntW.
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
'Ibid.
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximitv (Relationship) to TNW
Project wetlands are PiWMhit river miles from TN W.
Project waters are Pick@liist aerial (straight) miles from TN W.
Flow is from: Pic f st.
Estimate approximate location of wetland as within the PickList floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if anyj.,.
All wetland(s) being considered in the cumulative analysis: EP b1 iI:ISt
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size fin acres) Directlv abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TN"'.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Ropanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary. in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting. spawning, or rearing young for species that are present in the TN W?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon
that support downstream faodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TN W?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
L TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area
Q TNWs: linear feet width (ft), Or, acres.
srt
El Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TN Ws where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: The main channel of Nahunta Swamp was observed to hold large quantities of water even
during drought periods. The channel is identified as a blue line feature on USGS maps, as well as a perenial
stream on USDA Soil Survey Maps. The Jurisdictional channelized stream (Figure 5 in flie) has continuous banks,
lacks leaves/debris within the channel, has diverse substrate, OHWM, and strong undercut banks. The
channelized stream is also identified on the USDA Soil Survey.
El Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 573 linear feetapproximately 0.18 acres width (ft).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
Q Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
ID Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
"See Footnote N 3.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Ditch 1 Wetland and Wetland A (See figures in file) are directly connected to the main
channel of Nahunta Swamp via evident hydrological connections, including drainage patterns, standing water,
and overbank flow. Ditch 2 Wetland (See figures in File) is connected to the Channelized Stream RPW, via a
culvert located under SR 1537. The Channelized Stream then directly flows into the main channel of Nahunta
Swamp.
0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.23 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Q Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWS.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.'
As a general rule. the impoundment of a jurisdictional tributary remains jurisdictional.
Q Demonstrate that impoundment was created from "waters of the U.S.." or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Q Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE( WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):1o
which are or could be used by interstate or foreign travelers for recreational or other purposes.
Q from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
Q which are or could be used for industrial purposes by industries in interstate commerce.
Q Interstate isolated waters. Explain:
rau
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
P Tributary waters: linear feet width (ft).
ls2 Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
° To complete the analysis refer to the key in Section 111.1 .6 of the instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
?t''' If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
0 Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
4? Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Wi
Q Lakes/ponds: acres.
WIN
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
0 Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
n es,
Efl Lakes/ponds: acres.
I.Ws
Q Other non-wetland waters: acres. List type of aquatic resource:
Kr.
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
.-r
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Steven Busbee.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
i® Data sheets prepared by the Corps:
Corps navigable waters' study:
uai
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
?. ? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:1:24,000 / Freemont, NC Quad 1993.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Soil Survey of Wayne County 1974.
Q National wetlands inventory map(s). Cite name:
Y-a+
Q State/Local wetland inventory map(s):
Q FEMA/FIRM maps:
t_
100-vear Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
{yN
® Photographs: ® Aerial (Name & Date):NCDOT 2002.
or ® Other (Name & Date): Representative Photographs of RPW's, including Nahunta Swamp and
Channelized Stream, and abutting wetlands (08/12/05).
B Previous determination(s). File no. and date of response letter:
G
Applicableisupporting case law:
Applicable/supporting scientific literature:
El Other information (please specify)
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?? "? fl_ !x. GY+E 9a^F?^M+Il? 9?^4l ? ?„,g1'y??4Yx? ?:? ,?? 'Wy?,.?y
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Applicant: NCDOT c/o Pamela Williams File Number: SAW-2008- Date: 10/17/2008 ..rr
00543
Attached is:D See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of

permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission)

PERMIT DENIAL B

APPROVED JURISDICTIONAL DETERMINATION C

PRELIMINARY JURISDICTIONAL DETERMINATION D
E
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 Il 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 11 of this form 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.
f
t?

T G?IONsII RE Y [7ESTFORr'PEAL arxOB`JECTIONSrTO AI I INITI7??LtPROFFEREDd?ERMITt
i WE!
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.
TONT=OF' flNTAGTFOR , 1 " z

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:
Emily Jernigan . 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 9M 15
[phone] ex 28 Atlanta, Georgia 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
investigations.
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:Emily Jernigan, Project Manager,
Washington Regulatory Field Office, Post Office 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 9M15, Atlanta,
Georgia 30303-8801

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