20070256 Ver 1_Other Agency Comments_20060222

IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
February 20, 2007
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Subject: Action ID No. SAW 2007-154-189 and Nationwide Permit No. 14 (Linear
Transportation Project)
Anthony Roper, Division Engineer
North Carolina Department of Transportation
113 Airport Drive, Suite 100
Edenton, North Carolina 27932
Dear Mr. Roper:
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Reference your application of February 1, 2007, for Department of the Army (DA)
authorization to discharge fill material within waters of the United States, impacting a total of
0.39 acres of wetlands to upgrade NCSR 1110 (Old Columbia Road) from a gravel surface road
to a paved surface roadway.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal
Regulations (CFR), Part 330.6, the March 9, 2000, Federal Register, Final Notice of Issuance,
Reissuance, and Modification of Nationwide Permits (65 FR 12818), lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of
the Clean Water Act, was provided by Nationwide Permit # 14 for fills for linear transportation
crossings of waters of the United States (including wetlands and other special aquatic sites).
Review of this project indicates that the improvements to the roadway will adversely impact
0.39 acres of Riverine Swamp riparian wetlands.
Your work is authorized under Nationwide Permit 14, provided it is accomplished in strict
accordance with the enclosed Nationwide Permit Conditions and the following special
conditions:
a. The unavoidable impacts to 0.39 acres of Riverine Swamp riparian wetlands associated with
this project shall be mitigated by NCDOT by providing 0.78 acres of restoration equivalent
Riverine Swamp riparian wetlands in the Pasquotank River basin (Hydrologic Cataloging Unit
03010205). For wetlands, a minimum of 1:1 (impact to mitigation) must be in the form of
wetland restoration. NCDOT shall provide a plan to the USACE for addressing this mitigation
requirement by March 20, 2007. It is recommended that NCDOT provide this mitigation in

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accordance with the procedures suggested in our letter dated September 13, 2004 from Mr. Ken
Jolly to Dr. Gregory J. Thorpe.
b. The temporary placement or double handling of excavated or fill materials within waters or
vegetated wetlands are not authorized.
c. All excavated materials will be confined above normal high water and landward of
regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent
spillover of solids into any wetlands or surrounding waters.
d. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
e. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill, or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands, or any activities that cause
the degradation of waters or wetlands, except as authorized by this permit, or any modification to
this permit. This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. There shall be no
excavation from, waste disposal into, or degradation of, jurisdictional waters or wetlands
associated with this permit without appropriate modification of this permit, including appropriate
compensatory mitigation. This prohibition applies to all borrow and fill activities connected with
this project.
f. To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee
shall require its contractors and/or agents to identify all areas to be used to borrow material, or to
dispose of dredged, fill, or waste material. The permittee shall provide the USACE with
appropriate maps indicating the locations of proposed borrow or waste sites as soon as the
permittee has that information. The permittee will coordinate with the USACE before approving
any borrow or waste sites that are within 400 feet of any streams or wetlands. The permittee
shall ensure that all such areas comply with condition (e) of this permit, and shall require and
maintain documentation of the location and characteristics of all borrow and disposal sites
associated with this project. This information will include data regarding soils, vegetation and
hydrology sufficient to clearly demonstrate compliance with the preceding condition (e). All
information will be available to the USACE upon request. NCDOT shall require its contractors
to complete and execute reclamation plans for each waste and borrow site and provide written
documentation that the reclamation plans have been implemented and all work is completed.
This documentation will be provided to the Corps of Engineers within 30 days of the completion
of the reclamation work.
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g. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions and any Corps
approved modifications shall be available at the project site during construction and maintenance
of this project.
h. Any violation of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District,
U.S. Army Corps of Engineers, within 24 hours of the violation.
i. Failure to institute and carry out the details of special conditions a. - h., above, may
result in a directive to cease all ongoing and permitted work within waters and/or wetlands
associated with TIP No. R-4452, or such other remedy as the District Engineer or his authorized
representatives may seek.
This nationwide permit does not relieve you of the responsibility to obtain any required
State or local approval. This permit is valid until the NWP is modified, reissued, or revoked. All
of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007.
It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to
commence this activity before the date that the relevant nationwide permit is modified or
revoked, you will have twelve (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit.
If, prior to the expiration date of March 18, 2007, the nationwide permit authorization is reissued
and/or modified, this verification will remain valid until March 18, 2007, provided it complies
with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's
authorization under any NWP.
Thank you for your time and cooperation. If you have any questions, you may contact me
at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina,
27889, or telephone [phone], extension 26.
Sincerely,
William Bi dlecome
Regulatory Project Manager

Enclosures
Copies Furnished (without enclosures)
Mr. David Wainwright
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Chris Militscher
U.S. Environmental Protection Agency
C/O FHWA, Raleigh Office
310 New Bern Avenue, Room 410
Raleigh, North Carolina 27601
Ms. Kathy Matthews
USEPA-Region 4 Wetlands Section
109 T.W. Alexander Drive
Durham, North Carolina 27711
Mail Code:E143-04
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Mr. William D. Gilmore, P.E.
EEP Director
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Mr. Garcy Ward
NCDWQ Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
Ms. Cathy Brittingham
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638