20060679 Ver 1_Complete File_20060512

C) (o Uo 7 y
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Copy
Action ID. 200610801 County: Lenoir USGS Quad: Grifton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: North Carolina Department of Transportation
Address: attn: Jay Johnson, Division 2
Post Office Box 1587
Greenville, NC 27835
Telephone No.: 252-830-3490
Size and location of property (water body, road name/number, town, etc.): Bridge 12 located on NCSR
1800 over Eagle Swamp south of Grifton. TIP # B-4175.
Description of projects area and activity: Replace the existing bridge (51' 8" long and 25' wide) with a
new bridge structure (112' 3" long and 30' wide) at the same location. Off-site detours will be
utilized during construction. 1,989 square feet of old road fill will be removed down to adiacent
wetland elevation. There are no fill impacts to Section 404 wetlands for this proiect.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 3
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 is valid until the NW 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 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 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.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), 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 Permit, or the Corps of
Engineers regulatory program, please contact William Wescott at 252-975-1616 extension 31.
Corps Regulatory Official (kL?? a"(W S, Date: 05/05/2006
4 ? ? }
a
Expiration Date of Verification: 03/18/2007 "J
?Ay ? g 2006
Page 1 of 8 D?NR. S ??A RBRp?ICN
N? pNOS AND
f -it i
q 00? Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The 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: Eagle Swamp is a tributary to Contentnea Creek which connects to
the Neuse River.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou 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 South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of .
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by
7/4/2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: t9? 1 , V? I , w's .
Date 05/05/2006
Copy Furnished:
NCDOT, Division 2 Environmental Officer
NCDWQ, John Hennessy, Wetlands/401 Unit
Page 2 of 8
r
Action ID Number:200610801 County:Lenoir
Permittee: NCDOT
Date Permit Issued: 5/5/2006
Project Manager: William Wescott
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
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
Page 3 of 8
? A
CESAW-RG-W DATE: 05/05/2006
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species,
Cultural Resources and Essential Fish Habitat.
1. Action ID. 200610801
2. Project Name and Location: Bridge 12 on NCSR 1800 south of Grifton
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? NO
Explain: No wetland fill associated with this proiect. NCDOT is already removing 1,989
square feet of old road fill down to adiacent wetland elevation.
4. Endangered Species (Section 7 of the ESA).
a. Will any threatened or endangered species or their critical habitats be affected by this project?
NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Corps Regulatory ?1(SC?-. Official: V `?/, V ) f W,S
Q.1?
Page 4 of 8
Y4 kr
JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200610801
PROJECT LOCATION INFORMATION:
State: NC
County: Lenoir
Center coordinates of site (latitude/longitude): 35.3609 N 77.4405 W
Approximate size of area (parcel) reviewed, including uplands: 1.0 acres.
Name of nearest waterway: Eagle Swamp
Name of watershed: Neuse River Basin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination Date: 5/5/2006
Site visit(s) ?, Date(s):
Jurisdictional Determination (JD):
Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
the reviewed area. Approximate size of jurisdictional area:
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
reviewed area. Approximate size of jurisdictional area:
There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
?' (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
(2) The presence of interstate waters including interstate wetlands'.
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
?' (4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
(6) The presence of territorial seas.
[ (7) The presence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional
water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable
waters. If B(I) or B(3) is used as the Basis of Jurisdiction, document navigability andlor interstate commerce connection
(i. e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could
affect interstate or foreign commerce). If B(2, 4, S or 6) is used as the Basis of Jurisdiction, document the rationale used to
make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency
determination: Eagle Swamp is a tributary to Contentnea Creek which connects to the Neuse River.
Page 5 of 8
1, #
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ord inary High Water Mark indicated by: ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
L_ Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
NCDOT, Charlie Musser
R_asis For Not Asserting Jurisdiction:
I- I The reviewed area consists entirely of uplands.
? Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
i_ Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
The Corps has made a case-specific determination that the following waters present on the site are not Waters of the
United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
? Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/submitted by or on behalf of the applicant.
® This office concurs with the delineation report, dated 4/10/2006, prepared by (company): NCDOT
? This office does not concur with the delineation report, dated prepared by (company):
Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas:
U.S. Geological Survey 7.5 Minute Topographic maps:, Grifton
L_U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
USDA Natural Resources Conservation Service Soil Survey:
National wetlands inventory maps:
State/Local wetland inventory maps:
FEMA/FIRM maps (Map Name & Date):
?' 100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
Other photographs (Date):
? Advanced Identification Wetland maps:
Site visit/determination conducted on:
? Applicable/supporting case law:
?I Other information (please specify):
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and wetland hydrology).
2The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like are also adjacent.
Page 6 of 8
11 A
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Applicant: NCDOT File Number: 200610801 Date: 5/5/2006
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
St?CI7ON I ( nc iduil lfies )our I iL'[ItS ;111(1 air
clt?ision. ilddifivuaf itlF?rmation 11mv he k'1111 i ?1l http: inct'funCti011- Cry ?.Ccvyu (I
("01-ps re<Ltllations at 3 Cl R?Part 3 I.
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 II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
Page 7 of 8

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 division 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.
?ICI fO\ II- 111' 11 ST I "R \1'1'11- Al_ oi. (Mll;(" ttO\,)1 O \?' IX-11-f:'\1. 111\1 0I I JR,I D 1'1_I?tiIt]
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.
(SC)IV"1 OI C?>V, I V 11'Ol' O[il:? l l?>\ C>I? l\((>IZ ?i \l lO\:
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:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review
attn: William Wescott, P.W.S. Officer
Post Office Box. 1000 CESAD-ET-CO-R
Washington, NC 27889 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
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.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8 of 8
N
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Lenoir
0? /A\
OsgNO hgi?c ?? ,
USGS Quad: Grifton ST,.4wQ4?
'?'Yq!Iy
GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION e'cy
Property Owner / Authorized Agent: North Carolina Department of Transportation
Address: attn: Jay Johnson, Division 2
Post Office Box 1587
Greenville, NC 27835
Telephone No.: 252-830-3490
Size and location of property (water body, road name/number, town, etc.): Bridge 12 located on NCSR
1800 over Eagle Swamp south of Grifton. TIP # B-4175.
Description of projects area and activity: Replace the existing bridge (51' 8" long and 25' wide) with a
new bridge structure (112'3" long and 30' wide) at the same location. Off-site detours will be
utilized during construction. 1,989 square feet of old road fill will be removed down to adiacent
wetland elevation. There are no fill impacts to Section 404 wetlands for this proiect.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 3
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 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 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 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.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Anny 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 William Wescott at 252-975-1616 extension 31.
V ?lJ, S,
Corps Regulatory Official 11 ? Date: 05/05/2006
?' ??J?,
Expiration Date of Verification: 03/18/2007

/ R
Action ID. 200610801
Page 1 of 8
ti
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Z There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The 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: Eagle Swamp is a tributary to Contentnea Creek which connects to
the Neuse River.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
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 South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by
7/4/2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: li V tILIL?,? V?? I , (rU S
Date 05/05/2006
Copy Furnished:
NCDOT, Division 2 Environmental Officer
NCDWQ, John Hennessy, Wetlands/401 Unit
Page 2 of 8
Action ID Number: 200610801 County:Lenoir
Permittee: NCDOT
Date Permit Issued: 5/5/2006
Project Manager: William Wescott
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
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
Page 3 of 8
CESAW-RG-W DATE: 05/05/2006
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species,
Cultural Resources and Essential Fish Habitat.
1. Action ID. 200610801
2. Project Name and Location: Bridge 12 on NCSR 1800 south of Grifton
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? NO
Explain: No wetland fill associated with this project. NCDOT is already removinLr 1 989
square feet of old road fill down to adiacent wetland elevation.
4. Endangered Species (Section 7 of the ESA).
a. Will any threatened or endangered species or their critical habitats be affected by this project?
NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Corps Regulatory Official:
? ? .
Page 4 of 8
JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200610801
PROJECT LOCATION INFORMATION:
State: NC
County: Lenoir
Center coordinates of site (latitude/longitude): 35.3609 N 77.4405 W
Approximate size of area (parcel) reviewed, including uplands: 1.0 acres.
Name of nearest waterway: Eagle Swamp
Name of watershed: Neuse River Basin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ? Date: 5/5/2006
Site visit(s) ? Date(s):
Jurisdictional Determination (JD):
Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
® Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
the reviewed area. Approximate size of jurisdictional area:
ED There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
reviewed area. Approximate size of jurisdictional area:
There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
?' The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
® (1) The presence of waters, which are currently used, or were used Jn the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands.
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
? (6) The presence of territorial seas.
? (7) The presence of wetlands adjaccriC to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional
water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable
waters. If B(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection
(i.e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could
affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to
make the determination. 1f B(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency
determination: Eagle Swamp is a tributary to Contentnea Creek which connects to the Neuse River.
Page 5 of 8
Lateral Extent of Jurisdiction: (Reference: 33 CPR parts 328 and 329)
?. Ord inary High Water Mark indicated by: ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
ID Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
NCDOT, Charlie Musser
Basis For Not Asserting Jurisdiction:
? The reviewed area consists entirely of uplands.
Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
? Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the
United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/submitted by or on behalf of the applicant.
® This office concurs with the delineation report, dated 4/10/2006, prepared by (company): NCDOT
? This office does not concur with the delineation report, dated prepared by (company):
? Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
? U.S. Geological Survey 7.5 Minute Topographic maps: Grifton
U.S. Geological Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
USDA Natural Resources Conservation Service Soil Survey:
? National wetlands inventory maps:
? State/Local wetland inventory maps:
FEMA/FIRM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
?' Aerial Photographs (Name & Date):
Other photographs (Date):
Advanced Identification Wetland maps:
Site visit/determination conducted on:
? Applicable/supporting case law:
? Other information (please specify):
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and wetland hydrology).
ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like are also adjacent.
Page 6 of 8
'IO`hfi ICA"I7AIti` Ot .1D1,IINISTR, -Ff%,- =, 1PPEAt, OPT IONS D PRO CE-SS 1, D
REQt.'L'ST FOR APPEA1,
A licant: NCDOT File Number: 200610801 Date: 5/5/2006
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) 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 maybe found at http://NN-wNA,,.usace.army.mil/inet/functions,/c,,v/ceewo/rec, or
Corps regulations at 33'CFR Part 331:
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional 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 II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
Page 7 of 8
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information. A, 1,
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this 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.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PLP?4II1'
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, not 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review
attn: William Wescott, P.W.S. Officer
Post Office Box 1000 CESAD-ET-CO-R
Washington, NC 27889 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
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.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8of8
?o??F w H rF9QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
.? Alan W. Klimek, P.E. Director
Division of Water Quality
May 12, 2006
Lenoir County
DWQ Project No. 20060679
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER RULES with ADDITIONAL
CONDITIONS
Mr. C.E. Lassiter, Jr., P.E.
NCDOT, Division 2
PO Box 1587
Greenville, NC 27835
Dear Mr. Lassiter:
You have our approval, in accordance with.the attached conditions and those listed below, for the following impacts:
Wetlands Buffer Zone 1 Buffer Zone 2 Streams
Site Number (MechanizedClearing) (square ft) (square ft) (linear ft)
acres
Lenoir*/Z, 0.028 3852 1781 0
Net Total for 5363 (0.12 acres)
Buffer Impacts
The project shall be constructed in accordance with your application dated received April 24, 2006 for the purpose of
replacing Bridge 12 over Eagle Swamp on SR 1800 in Lenoir County. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3494. This certification corresponds to the
Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A
NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit issued by-the US Army Corps of Engineers (this
supercedes Condition 13 of General Certification 3494 issued on December 31, 2004).
This approval is valid solely for the purpose and design described in your application (unless modified below). Should your
project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given
a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total
wetland fills for this project (now or in the future) exceed one acre, or total impacts to streams or buffers (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H :0506 (h) (6) and (7).
For this approval to remain valid, you must adhere to the. conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form"
to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of
the project.
2.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
3.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Na" Carolina
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4.) All work shall be performed during low or normal flow conditions.
5.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
6.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
7.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit
without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream,
compensatory mitigation will be required since it is a direct impact from road construction activities.
8.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved
otherwise by this certification.
9.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
10.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the
stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural
geomorphic conditions.
11.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions.
12.) Pursuant to NCACI5A 2B .0233 (6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse
River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion
control devices in Zone 1, outside of the approved project impacts, anywhere on, this project. Moreover, sediment and
erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that
discharge is released as diffuse flow.
13.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation, operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures -for the project must be designed, installed, operated, and maintained
in accordance -with the most recent version of the North Carolina Sediment and Erosion Control Planning and
Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such
that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste
pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed; - installed; operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act
14.) Heavy equipment must be operated from the banks,rather than in-the stream channel in order to minimize sedimentation
and reduce the likelihood of introducing other pollutants into the stream.
15.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
16.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity
of the culverts.
17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
18.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated with native woody species upon completion of the project construction. A
post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days
after the project is closed out by the Department of Transportation.
19.) The post-construction removal of any temporary bridge structures will need to return the project site to its
preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species is
required.
20.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence to the
Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification.
21.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-
site project manager.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send awritten petition that conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447.
This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please contact Garcy Ward at [phone].
Sincerely,
for Alan . Klime P.E.
Attachment
cc: Wilmington District Corps of Engineers
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer, NCDOT
Ms. Sonia Gregory, NCDWQ, Wetlands/401 Unit
Central Files
File Copy
WQC #3494
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (QWQ) Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the
discharge of fill material to waters and wetland areas which are waters of the United States as
described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6,J, 19, 20, 22, 25, 30, 32, and 36) of the
Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces
Water Quality Certification Number 3376 issued on March 18, 2002. This WQC is rescinded
when the Corps of Engineers re-authorizes any of these Nationwide or Regional Permits or when
deemed appropriate by the Director of the Division of Water Quality.
The State of -North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are
required. Also, Condition No. 8 is applicable to all streams in basins with riparian area
protection rules;
2. If the activity is-associated with or in response to a Notice of Violation or an enforcement
action initiated by DWQ or the Division of Land Resources, this General Certification
requires application to and prior written concurrence from the Division of Water Quality;
i
3. That appropriate sediment and erosion control practices which-equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
4. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources
has released the project;
5. If an environmental document is required, this Certification is not valid until-a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
WQC #3494
6. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
7. Access roads constructed for any of these permits shall be constructed so as to
minimize wetland fill as much as is practicable and shall be restored to grade
immediately after the project is completed. The site shall.be re-vegetated with native
species which shall be in place within. three months following construction or before
initiation of the next growing season;
8. In accordance with North Carolina General Statute Section 143-215:313(e), any request
for written concurrence for a 401 Water Quality Certification must include the appropriate
fee. If a.project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
9. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence from DWQ in accordance
with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not need to
apply for written concurrence under this Certification. New development activities located
in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within
the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 213.0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality.to.the maximum extent practicable through.the use of best management
practices;
10. Placement of culverts and other structures in waters, streams and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and;
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design. and. placement of culverts and other structures including temporary. erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ. Additionally, when roadways, causeways or
other fill projects are constructed across FEMA-designated floodways or wetlands,
openings such as.culverts or bridges.must.be provided to maintain the natural hydrology
of the system as well as prevent constriction of the #loodway that may result in
destabilization of streams or wetlands. If more than 150 linear feet of additional stream is
filled, culverted, rip-rapped, relocated, excavated or dredged as a result of this permit,
then an application to DWQ is needed and compensatory mitigation may be required;
11. Additional site-speck conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
12. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all ,the specific conditions for
design and construction specified in 15A NCAC 07H .1405.
13. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of these corresponding Nationwide and Regional General Permits,
whichever is sooner;
WQC #3494
14. Projects with any impacts to streams, -wetlands, and/or waters that have received a Notice
of Violation from the Division of Land Resources and/or the Division of Water Quality are
required to submit a complete application and receive written concurrence to use this
Certification regardless of the proposed impact amount to streams, wetlands, and waters.
15. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual.
The devices shall be maintained on-all construction sites, borrow sites, and waste
pile (spoil) projects, including contractor-owned or leased borrow pits associated with
the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials-required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources or locally delegated
program has released the project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual- Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
WQC #3494
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3494
4
OF V` '?p
I D U G
UGL?,,r-I
-o ?
low
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Oru%,naM r. r-d5ley, %juvemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water. Quality . Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best-of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
Ndi Carolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Ralegh, North .Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
------------------
SITE
LENOIR COUNTY
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B-4115 BM
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LEGEND
'--1JL6 WETLAND BOUNDARY
PROPOSED BRID GE
WETLANO
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DENOTES FILL IN
® WETLAND PROPOSED PIPE CULVERT

®
DENOTES FILL IN
(DASHED LINES DENOTE 12'-48'
PIPES
SURFACE WATER EXISTNG STRUCTURES) 54• PIPES
DENOTES FILL IN & ABOVE
SURFACE WATER
tPONO)
l
L? SINGLE TREE
® DENOTES TEMPORARY
FILL IN WETLAND
WOODS LINE
® DENOTES EXCAVATION
IN WETLAND DRAINAGE INLET
DENOTES TEMPORARY
® FILL IN SURFACE
WATER ROOTWAO
® DENOTES HAND
CLEARING
• ' •
'
? DENOTES MECHANIZED
•
' CLEARING RIP RAP
-? --? FLOW DIRECTION
TS
_- TOP OF BANK
WE EDGE OF WATER
- - C - - PROP. LIMIT OF CUT
- - -F- - PROP. LIMIT OF FILL
- PROP. RIGHT OF WAY
- - NG - - NATURAL GROUND
- - ?- - PROPERTY LINE
-TDE- TEMP.ORAINAGE
EASEMENT
-POE- PERMANENT DRAINAGE
EASEMENT
- EAB- - EXIST. ENDANGERED
ANIMAL BOUNDARY
- EPB- - EXIST. ENDANGERED
PLANT BOUNDARY
- - 0 - - - WATER SURFACE
X zx X X
LIVE STAKES
X
BOULDER
--- CORE FIBER ROLLS
5 ADJACENT PROPERTY OWNER
OR PARCEL NUMBER
IF AVAILABLE
® PREFORMED SCOUR HOLE
LEVEL SPREADER (LS)
DITCH /
GRASS SWALE
® DENOTES IMPACTS TO
BUFFER ZONE 1
DENOTES IMPACTS TO
BUFFER ZONE 2
DENOTES AREA TO BE EXCAVATED
NCDOT
DIVISION OF HIGHWAYS
LENOIR COUNTY
PROJECT. B-4175
WBS ELEMENT 33522
REPLACE BRIDGE LENOIR=12
ON SR 1800 OVER
EAGLE SWAMP
SHEET OF
- 'r 0.1 rnf-
W BS ELEMENT 33522 CROSS SEc Tjpx OF
PROJ CT N 8-4175--
BRIDGE
NUMBER 12
DATE 03 24-06 EXISTING BRIDGE:
ROAD SR 1800 19171-08"
ROAD NAME CONTENTNEA ORNE/ 1@16'-08"
TICK BITE ROAD OVER EAGLE SWAVP
COUNTY LENOIR 1@17'-04"
25' CLEAR ROADWAY
SR 1800, CONTENTNEA DRIVE / TICK BITE ROAD
OVER EAGLE SWAMP
LENOIR COUNTY
I?'-oe• 16'-08• 17'-04• I ?-SR 1800
.
% 6 3' iT'YEXI-57 panL
EX/STING HEADWALL
42' ING HE ADWALL
i
PROPOSED 21" CONCRPTE CORED SLAB
PROPOSED BRIDGE
2@31' 1"
1@50'4"
TOTAL LENGTH 112'-03"
30' CLEAR ROADWAY
NO DECK DRAINS
I . //2 -3•
2A'
RIP RAP I I I sj'?, I I/ ? PROPOSED RIP RAP
J-5'1 I I L$KISTING HEADWALL
PROPOSED + ?- ER ,OR BENT
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7 3;

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 12, 2006
Lenoir County
DWQ Project No. 20060679
943 Washington Square Mail
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER RULES with ADDITIONAL
CONDITIONS
Mr. C.E. Lassiter, Jr., P.E.
NCDOT, Division2
PO Box 1587
Greenville, NC 27835
Dear Mr. Lassiter:
You have our approval, in accordance with the attached conditions and those listed below, for the following. impacts:
The project shall be constructed in accordance with your application dated received April 24, 2006 for the purpose of
replacing Bridge 12 over Eagle Swamp on SR 1800 in Lenoir County. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3494. This certification corresponds to the
Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A
NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit issued by the US Army Corps of Engineers (this
supercedes Condition 13 of General Certification 3494 issued on December 31, 2004).
This approval is valid solely for the purpose and design described in your application (unless modified below). Should your
project change, you must notify the DWQ and submit a new application. If the property is sold; the new owner must be given
a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total
wetland fills for this project (now or in the future) exceed one acre, or total impacts to streams or buffers (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7).
For this approval to remain valid, you must adhere to the conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form"
to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 40I/Wetlands Unit of the Division of Water Quality upon completion of
the project.
2.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
3.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited..
N. C. Division of Water Quality
FAX [phone]
MAY ] 6 pOns r1i
Wes, ? ? DENR- WATER
"'r,vVDSAAD S FRB
R'41yCH
Washington, N.C. 27889
Telephone [phone]
No`s Carolina
WI
ura!!y
An Equal Oppgrtuno/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
4.) All work shall be performed during low or normal flow conditions.
5.) The outside buffer;. wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
6.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
7.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit
without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream,
compensatory mitigation will be required since it is a direct impact from road construction activities.
8.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved
otherwise by this certification.
9.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
10.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the
stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural
geomorphic conditions.
11.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions.
12.) Pursuant to NCAC15A 2B .0233 (6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse
River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion
control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and
erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that
discharge is released as diffuse flow.
13.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation, operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained
in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and
Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such
that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste
pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, -the erosion and sediment control measures must be designed, installed; operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
14.) Heavy equipment-mustbe operated from the, banks-ratherthan- the stream channel in order to minimize sedimentation
and reduce the likelihood of introducing other pollutants into the stream.
15.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
16.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity
of the culverts.
17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
18.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated with native woody species upon completion of the project construction. A
post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days
after the project is closed out by the Department of Transportation.
19.) The post-construction removal of any temporary bridge structures will need to return the project site to its
preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species
required.
20.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence to the
Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification.
21.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-
site project manager.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date thatyou receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447.
This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please contact Garcy Ward at [phone].
Sincerely,
for Alan . Klime P.E.
Attachment
cc: Wilmington District Corps of Engineers
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer, NCDOT
Ms. Sonia Gregory, NCDWQ, Wetlands/401 Unit
Central Files
File Copy
WQC #3494
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (-DWQ) Regulations in 15 NCAC 2M, Section .0500-and 15 NCAC 213.0200 for the
discharge of fill material to waters and wetland areas which are waters of the United States as
described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of the
Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. This Certification replaces
Water Quality Certification Number 3376 issued on March 18, 2002. This WQC is rescinded
when the Corps of Engineers re-authorizes any of these Nationwide or Regional Permits or when
deemed appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are
required: Also Condition No. 8 is applicable to all streams in basins with riparian area
protection rules;
2. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by DWQ or the Division of Land Resources, this General Certification
requires application to and prior written concurrence from the Division of Water Quality;
That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
-4. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources
has released the project;
If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
WQC #3494
6. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
7. Access roads constructed for any of these permits shall be constructed so as to
minimize wetland fill as much as is practicable and shall be restored to grade
immediately after the project is completed. The site shall.be re-vegetated with native
species which shall be in place within three months following construction or before
initiation of the next growing season;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence for a 401 Water Quality Certification must include the appropriate
fee. If a.project also requires a.CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
9. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence from DWQ in accordance
with 15A NCAC 213.0200. Activities listed as "exempt"from these rules do not need to
apply for written concurrence under this Certification. New development activities located
in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within
the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 213.0200. All new development. shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water, quality.to the maximum extent practicable through the use of best management
practices;
10. Placement of culverts and other structures in waters, streams and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and. placement. of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ. Additionally, when roadways, causeways or
other fill projects are constructed across FEMA-designated floodways or wetlands,
openings such as culverts or bridges. must. be provided to maintain the natural hydrology
of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands. If more than 150 linear feet of additional stream is
filled, culverted, rip-rapped, relocated, excavated or dredged as a result of this permit,
then an application to DWQ is needed and compensatory mitigation may be required;
11. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
12. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for
design and construction specified in 15A NCAC 07H.1405.
13. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of these corresponding Nationwide and Regional General Permits,
whichever is sooner;
M.
2
WQC #3494
14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice
of Violation from the Division of Land Resources and/or the Division of Water Quality are
required to submit a complete application and receive written concurrence to use this
Certification regardless of the proposed impact amount to streams, wetlands, and waters.
15. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual.
The devices shall be maintained onall construction sites, borrow sites, and waste
pile (spoil) projects, including contractor-owned or leased borrow pits associated with
the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources or locally delegated
program has released the project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
WQC #3494
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By
Alan, W. Klimek, P.E.
Director
WQC # 3494
i
4
D) L9 1:1
C ,' a
ANK 4 `= O6 APR -17 2006
Office AND STORMWATER BRANCH `, WX
Use Only: c?rsiogi rch 05
2406 67
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P.O. Box 1587
Greenville NC 27835
Telephone Number: 252-830-3490 Fax Number: 252-830-3341
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jay B. Johnson
Company Affiliation: Division 2 Environmental Officer
Mailing Address: P.O. Box 1587
Greenville, NC 27835
Telephone Number: 252-830-3490 Fax Number: 252-830-3341
E-mail Address: jbjohnson(addot.state.nc.us
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lenoir 12 Bridge Replacement Lenoir County
2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS Element 33522
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Lenoir Nearest Town: Grifton
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3609 ON 77.4406 °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Eagle Swamp
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing paved secondary road and bridge in a rural
agricultural/forested area.
Page 6 of 13
t
t
s
10. Describe the overall project in detail, including the type of equipment to be used:
Bridge replacement with typical bridge and road construction equipment
11. Explain the purpose of the proposed work: Bridge replacement
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. None
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permit requests are anticipated in the near future.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in. the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Fill will be placed in the wetlands
for roadway and shoulder construction. The fill slope will be vegetated as soon as
possible to provide slope stabilization.
Page 7 of 13
s?
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no) Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)
Area 1 Mechanized Clearing Forested Yes <50' 119 SF
Area 2 Mechanized Clearing Forested Yes <50' 521 SF
Area 3 Mechanized Clearing Forested Yes <50' 499 SF
Area 4 Mechanized Clearing Forested Yes <50' 97 SF

Total Wetland Impact (acres) 1,236 Square Feet 0.028
I Acres
0. 00 ;?-.7
,ra/Z
? e) tes_
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
5. None; No Bents in Water
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
6. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.None; No Bents in Water
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

Page 8 of 13

7. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.028
Acres
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
8. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
9. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
404 Wetlands are to be filled to facilitate an adequate slope to maintain vegetation instead
of Rip Rap in the Stream Buffer Zone.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 13
A
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/newetlands/strmgjde.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The 404 Wetland Impacts due to Mechanized Clearing will be 1,236 Square Feet (0.028
Acres); the Fill Removal on the project due to a longer proposed bridge will be 1,989
Square Feet (0.0457 Acres); thus leaving a balance (enhancement credit) of 753 Square
Feet (0.0173 Acres). Mitigation will not be necessary.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wr2/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Page 10 of 13

Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Neuse )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers. Allowable Buffer Zone 1 and 2 Impacts
Zone* Impact ( Required
i .. - P -N Multiplier r:.. .:
1 1 3852 Square Feet 1 3 (2 for Catawba)
1 2 1781 Square Feet 1.5 1 1
Total I 5363, Square Feet
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Page 11 of 13
s
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
This is a Bridge Replacement Proiect. All buffer impacts are under the 40 linear foot
threshhold.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The ditches will dissipate water flow into the
adiacent wetlands and not directly into Eagle Swamp. Stormwater will sheet flow over the
vegetated roadway shoulder into the wetlands in those areas where no uplands exist to
construct road side ditches.
XII. Sewage Disposal (required by DWQ)
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.
None
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Page 12 of 13
s
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
(Agent's
V" April 10, 2006
:'s Signature Date
d only if an authorization letter from the applicant is provided.)
Page 13 of 13
i

SITE
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lase s am
.45
1842 is 3
i
LENOIR COUNTY - '
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
LENOIR COUNTY
B-4175 BM
ON SR 1800 BETWEEN
SR 1801 AND GRIFTON
SHEET OF - .1/3/06

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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Bridge Maintenance/Bridge #12 (B-4175) Date: 4/28/04
Applicant/Owner: NCDOT County: Lenoir
Investigator. Charlie Musser, RLA State: NC
Do Normal Circumstances exist on the site? ® Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transit ID:
Is the area a potential Problem Area? ? Yes ® No Plot ID: Point-2 (Wetland)
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree-50% FAC 9. Alnus serrulata 11-10% FACW+
2. Fraxinus pennsylvanica 11-10% FACW 10. Typha latifolia "-20% OBL
3. Fraxinus pennsylvanica Sapling -
20/ FACW 11. Impatiens capensis Vine/herb - FACW
0 10%
4. Acer rubrum " - 30% FAC 12. Lonicera japonica 11-10% FAC-
5. Alnus serrulata " - 20% FACW+ 13. Juncus effusus 11-10% FACW+
6. Rosa, sp.? Shrub -
30%
FAC
14.
Spirodela oligorrhiza
"-20%
0131.
7. Myrica cerifera " - 30% FAC+ 15. Rubus betulifolius " - 10% FAC
8. Ulmus americana 11-10% FACW 16. Woodwardia areolata " - 10% OBL
Percent of dominant species that are OBL, FACW or FAC

(excluding FAC-). 50%+
Remarks: Hydrophytic vegetation present.
HYDROLOGY
? Recorded Data (Describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake or Tide Gauge Primary Indicators:
? Aerial Photographs ? Inundated
? Other ® Saturated in Upper 12 Inches
® No recorded Data Available ® Water Marks
® Drift Lines
Field Observations: ? Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water: NA* (in.) Secondary Indicators: (2 or more required)
? Oxidized Root Channels in Upper 12 Inches
Depth of Free Water in Pit: 6 (in.) ® Water-Stained Leaves
® Local Soil Survey Data
Depth to Saturated Soil: 3 (in.) ? FAC Neutral Test
? Other (explain in remarks)
Remarks: Wetland hydrology indicators are present. *Many adjacent wetland areas are inundated +/-1-foot deep.
L:\Documents\Forms\Wetland Determination Form
SOILS
Map Unit Name
(Series and Phase): Bibb sandy loam variant Drainage Class: PD

Taxonomy (Subgroup): Typic Fluvaquents Field Observations
Confirm Mapped Type? ® Yes
? No
Profile Descrit)tion:
Depth Matrix Colors
(inches) Horizon (Munsell Moist) Mottle Colors
(Munsell Moist) Mottle
Abundance/Contrast Texture, Concretions, Structure, ets.

1-0 0 NA NA NA Litter
0-8 A I OYR 3/1 NA NA SL, few fine sand grains
8 - 15+ Cgl IOYR 3/2 1 OYR 4/1, 4/3 common/distinct,
few/distinct SL

Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soil
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ® Listed on Local Hydric Soils List
® Reducing Conditions ? Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks: Hydric soil indicators aret present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? ® Yes ? No
Wetland Hydrology Present? ® Yes ? No Is this Sampling Point within a Wetland?
Hydric Soils Present? ® Yes ? No ® Yes ? No
Remarks: The center of this data point sample is located approximately 15 feet N (downgradient) of the wetland delineation flag labeled "U".
L:\Documents\Forms\Wetland Determination Form

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Bridge Maintenance/Bridge #12 (B-4175) Date: 4/28/04
Applicant/Owner: NCDOT County: Lenoir
Investigator. Charlie Musser, RLA State: NC
Do Normal Circumstances exist on the site? ® Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transit ID:
Is the area a potential Problem Area? ? Yes ® No Plot ID: Point-I (Non-

(If needed, explain on reverse.) wetland)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree-20% FAC 9. Acer rubrum " -20% FAC
2. Quercus phellos "-30% FACW- 10. Quercus phellos " - 20% FACW-
3. Liquidambar styraciflua "-30% FAC+ 11. Catalpa bignonioides 11-10% FAC-
4. uercus ni
Q gra Sapling
30
FAC
12.
Smilax rotundifolia
%? -
3
FAC
u 3
0
5. Quercus phellos " - 20% FACW- 13. Rubus betulifolius " - 15% FAC
6. Liquidambar stymciflua " - 30% FAC+ 14. Lonicera japonica 11-10% FAC-
T. Ligustrum sinense Shrub -
10% FAC 15. Parthenocissus quinquefolia '- 10%
FAC
8. Rosa, sp.? " -20% FAC 16. Toxicodendron radicans "-30% FAC
Perc ent of dominant species that are OBL, FACW or FAC

(excluding FAC-). 50%+
Remarks: Hydrophytic vegetation present .
4
HYDROLOGY
? Recorded Data (Describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake or Tide Gauge Primary Indicators:
? Aerial Photographs ? Inundated
? Other ? Saturated in Upper 12 Inches
® No recorded Data Available ? Water Marks
? Drift Lines
Field Observations: ? Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.) Secondary Indicators: (2 or more required)
? Oxidized Root Channels in Upper 12 Inches
Depth of Free Water in Pit: 15+ (in,) ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Saturated Soil: 15+ (in.) ? FAC Neutral Test
? Other (explain in remarks)
Remarks: Wetland hydrology indicators not present.
L:\Documents\FormslWetland Determination Form
SOILS
Map Unit Name
(Series and Phase): Kenansville loamy sand variant
(Subgroup): Arenic Hapludults
Drainage Class: WD
Field Observations
Confirm Mapped Type. ®Yes ? No
Profile Description:
Depth Matrix Colors Mottle Colors
(inches) Horizon (Munsell Moist) (Munsell Moist)
Mottle
Abundance/Contrast Texture, Concretions, Structure, ets.
0-8 Ap I OYR 4/2 NA NA LS
8 - 15+ E I OYR 6/4 10YR 5/3 few/distinct LS

Hydric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfidic Odor
? Aquic Moisture Regime
? Reducing Conditions
? Gleyed or Low-Chroma Colors
? Concretions
? High Organic Content in Surface Layer in Sandy Soil
? Organic Streaking in Sandy Soils
? Listed on Local Hydric Soils List
? Listed on National Hydric Soils List
? Other (Explain in Remarks)
Remarks: Hydric soil indicators not present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? ® Yes ? No
Wetland Hydrology Present? ? Yes ® No Is this Sampling Point within a Wetland?
Hydric Soils Present? ? Yes ® No ? Yes ® No
Remarks: The center of this data point sample is located approximately 15 feet S (upgradient) of the wetland delineation flag labeled "U".
LADocumentsTorms\Wetland Determinatinn Fnrm

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GRIFTON USGS QUAD MAP
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Bp.
-Ke LENOIR COUNTY SOILS SURVEY
WBS ELEMENT 33522
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LEGEND
--WLB WETLAND BOUNDARY
WETLAND
L
® DENOTES FILL IN
WETLAND
® DENOTES FILL IN
SURFACE WATER
® DENOTES FILL IN
SURFACE WATER
(POND)
DENOTES TEMPORARY
FILL IN WETLAND
® DENOTES EXCAVATION
IN WETLAND
® DENOTES TEMPORARY
FILL IN SURFACE
WATER
DENOTES HAND
CLEARING
' M DENOTES MECHANIZED
• ! •? ` * CLEARING
-1 -- FLOW DIRECTION
---- TB ?- TOP OF BANK
- WE EDGE. OF WATER
- - C - - PROP. LIMIT OF CUT
- - -F- -PROP. LIMIT OF FILL
AM - PROP. RIGHT OF WAY
- - NG - - NATURAL GROUND
- - J-- - PROPERTY LINE
-TDE- TEMP. DRAINAGE
EASEMENT
-POE- PERMANENT DRAINAGE
EASEMENT
- EAB- - EXIST. ENDANGERED
ANIMAL BOUNDARY
- EPB- - EXIST. ENDANGERED
PLANT BOUNDARY
- - - - - WATER SURFACE
X X X X
X XX LIVE STAKES
BOULDER
--- CORE FIBER ROLLS

PROPOSED BRIDGE
PROPOSED BOX CULVERT
PROPOSED PIPE CULVERT
12'-48'
(DASHED LINES DENOTE PIPES
EXISTNG STRUCTURES) 54' PIPES
& ABOVE
2 SINGLE TREE
WOODS LINE

m2a
DRAINAGE INLET
ROOTWAD
RIP RAP
ADJACENT PROPERTY OWNER
5 OR PARCEL NUMBER
IF AVAILABLE
® PREFORMED SCOUR HOLE

LEVEL SPREADER (LS)
- GRASS SWALE
Em DENOTES IMPACTS TO
BUFFER ZONE 1
® DENOTES IMPACTS TO
BUFFER ZONE 2
DENOTES AREA TO BE EXCAVATED
1V CDOT
DIVISION OF HIGHWAYS
LENOIR COUNTY
PROJECT- B-4175
WBS ELEMENT 33522
REPLACE BRIDGE LENOI012
ON SR 1800 OVER
EAGLE SWAMP
SHEET OF
xl4'd1nfi
r
.. r WBS ELEMENT 33522
)JECT N B-4175 CROSS SBCTluiv OF
BRIDGE NUMBER 12
'E 03-24-06 FMSTIIKG BRIDGE:
M SR 1800 1 @173-08"
JD NAME CONTENTNEA DRIVE/ 1@16J-P08"
"K B/TE ROAD OVER EAGLE SWAMP
?NTY 0 1@173-04 "
25' CLEAR ROADWAY
SR 1800, CONTENTNEA DRIVE / TICK BITE ROAD
OVER EAGLE SWAMP
LENOIR COUNTY
I A
- SR /800
17'-08' 16OB17-04'
- -------- ---
i
EX/STING HEADWALL
4Z EXISTING HEADWALL
i
PROPOSED 21" CONC"M CORED SLAB
PROPOSED BRIDGE
2@31'-1"
1@50I4"
TOTAL LENGTH 1121-03"
30' CLEAR ROADWAY
NO DECK DRAINS
N2'-3'
-r I _ 50=1' 1 31'4'
2.01
6.3'
RIP RAP NEL PROPOSED RIP RAP
dEAQINA4L
35' 1-j 11STIN6 HEADWALL
OSBENT
BENT
R BENT W- DER/OR
NTERIO

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