20110462 Ver 1_Information Letter_20110803

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Additional Special Conditions
Action I.D. #SAW-2008-00600 - NCDOT, Bridge Replacement No. 3 on NCSR 1232
(Poyner Road), Cumtuck County, NC, TIP # B-4494
a) All excavated materials will be confined above normal high water and landward
of regularly or irregularly flooded wetlands behind adequate dikes or retaining
structures to prevent spillover of solids into any wetlands or surroupding waters.
b) Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fills, or mechanized land-clearing activities shall take place
at any time in the construction or maintenance of this project, within waters or
wetlands, or any activities that cause the degradation of waters or wetlands, except
as authorized by this permit, or any modification to this permit. This permit does
not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. There shall be no excavation
from, waste disposal into, or degradation of, jurisdictional waters or wetlands
associated with this permit without appropriate modification of this permit,
including appropriate compensatory mitigation. This prohibition applies to all
borrow and fill activities connected with this project.
c) The permittee shall require its contractors and/or agents to comply with the
terms and conditions of this permit in the construction and maintenance of this
project, and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this permit. A copy of
this permit, including all conditions and any Corps approved modifications shall be
available at the project site during construction and maintenance of this project.
d) To avoid adverse impacts to spawning populations of fish species at this project
site, no in-water work will be conducted between February 15 and June 15. For
the purpose of this moratorium, in water is defined as those waters within
Tulls Creek and its adjacent wetlands that during periods of inundation
have an active connection to Tulls Creek.
e) The permittee will follow NCDOT adopted anadromous fish stream crossing
guidelines.
~ Temporary BMP's will be utilized to minimize erosion and sedimentation from
ground disturbing activities. Remove all temporary structures (cofferdams, erosion
control devices, turbidity curtains) upon completion of the project.
g) All work authorized by this permit must be performed in strict compliance with the
plans which were submitted with the permit application and are considered part of
this permit. Any modification to these plans must be approved by the US Army
Corps of Engineers (USACE) prior to implementation.
h) Compensatory mitigation for the unavoidable impacts to 0.06 acres

of coastal wetlands associated with the proposed project shall be provided by the
Ecosystem Enhancement Program (EEP), as outlined in the letter dated May 12,
2011 from William D. Gilmore, EEP Director. Pursuant to the In-Lieu-Fee
Instrument signed July 28, 2010 between the State of North Carolina, Ecosystem
Enhancement Program and the US Army Corps of Engineers the EEP will provide
0.12 acres of restoration equivalent coastal wetlands in the Pasquotank River Basin
(Hydrologic Cataloging Unit 03010205 in accordance with Section F of the
instrument. For wetlands, a minimum of 1:1 (impact to mitigation) must be in the
form of wetland restoration."
i) Any violation of these conditions or violations of Section 404 of the Clean Water
Act or Section ] 0 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District, U.S. Army Corps of Engineers, within 24 hours of the
violation.
j) All measures will be taken to avoid any temporary fill from entering into
Tulls Creek from bridge demolition. Bridge demolition shall follow NCDOT
best management practices for construction and maintenance activities
dated August 2003 and incorporate NCDOT policy entitled "Bridge Demolition
and Removal in Waters of the United States" dated September 20, 1999.
k) No bridge demolition debris or excavated of fill material will be placed at any
time, in any wetlands or surrounding waters, outside of the alignment of the fill
area indicated on the work plans.
1) To ensure that all borrow and waste activities occur on high ground and do not
result in the degradation of adjacent wetlands and streams, except as authorized by
this permit, the permittee shall require its contractors and/or agents to identify all
areas to be used to borrow material, or to dispose of dredged, fill, or waste
material. The permittee shall provide the USACE with appropriate maps
indicating the locations of proposed borrow or waste sites as soon as the permittee
has that information. The permittee will coordinate with the USACE before
approving any borrow or waste sites that are within 400 feet of any streams or
wetlands. The permittee shall ensure that all such areas comply with condition (b)
of this permit, and shall require and maintain documentation of the location and
characteristics of all borrow and disposal sites associated with this project. This
information will include data regarding soils, vegetation and hydrology sufficient
to clearly demonstrate compliance with the condition b. All information will be
available to the USACE upon request. NCDOT shall require its contractors to
complete and execute reclamation plans for each waste and borrow site and
provide written documentation that the reclamation plans have been implemented
and all work is completed. This documentation will be provided to the Corps of
Engineers within 30 days of the completion of the reclamation work.
m) To protect the West Indian Manatee, NCDOT will follow the "Guidelines for
Avoiding Impacts to the West Indian Manatee, Precautionary Measures for

Construction Activities in North Carolina Waters," prepared by the U.S. Fish and
Wildlife Service. A copy of these guidelines is attached to the permit conditions.
n) Failure to institute and carry out the details of special conditions a. - m., above,
may result in a directive to cease all ongoing and permitted work within waters
and/or wetlands associated with TIP No. B-4494, or such other remedy as the
District Engineer or his authorized representatives may seek.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-00600 County: Currituck USGS Quad: Currituck, NC
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Dr. Greeorv J. Thorpe, Ph.D
Address: Environmental Management Director, PDEA
N.C. Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Telephone No.: 9191431-6696
Size and location of property (water body, road name/number, town, etc.): The project is located at Bridge # 3 on
NCSR 1232 (Poyner Road) approximately ]mile north of the intersection of NCSR 1132 and NC Highway 168,
adjacent to and crossine Tulls Creek. TIP # B-4494.
Description of projects area and activity: Replace an existing functionally obsolete 90' lone X 24' wide bridge with a
new 120' long X 33' wide triple span cored slab bridge utilizing an off site detour and top down construction
permanently impacting 0.08 acres of wetlands and 0.22 acres of open waters (stream). Additionallv 0.10 acres of
temporarv wetland impacts for hand clearing vegetation are authorized for construction purposes and erosion
control devices. Additionallv 10 square feet of wetlands will be excavated (temporarv impacts for directional bore
tie ins]) for the relocation of an underground telephone cable that will be directionally bored.
SEE ADDITIONAL SPECIAL CONDITIONS
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 19820003]
Nationwide Permit Number:
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, 2012. 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 [his 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.
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 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 Bill Biddlecome at [phone] .
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BIDDLECOME.WILLI~~'w~~~q
Corps Regulatory Official AMJJR.1228726504- ~~~E~~=A=~ Date: 06/28/2011
Mac All WIDI SIMMTO
Expiration Date of Verification: 10/3]/2013
Page 1 of 2

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website a[ httm://regulatory.usacesurvev.cont/ to complete the survey
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Determination of Jurisdiction:
® Based on preliminary information, [here appear to be waters of [he US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Ac[. Unless [here is a change in the law or our
published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this
hotification.
^ 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.
^ The jurisdictional areas within [he above described project area have been identified under a previous action. Please reference
jurisdictional detetmina[ion issued - Action ID
Basis of Jurisdictional Determination: This site exhibits criteria as described in the 1987 Corps Wetland Delineation Manual
and the November 2010 Atlantic and Gulf Coastal Plain Regional Supplement and is part of a broad continuum of wetlands
connected to Tulls Creek, a tribu[ary to [he North Landing River.
Appeals InI0rm8tl0n (This information applies only to approved jurisdictional determinafions.)
Attached to this verification is an approved jurisdictional determination. [f you are not in agreement with that approved jurisdictional
determinatioq you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) fore. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:William Biddlecome, Project Manager,
Washington Regulatory Field Office
P.0. Box 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Corps must determine [hat it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA farm, it must be received at the above address by N/A.
**I[ is not necessary to submit an RFA form to the District Office if you do not object to [he determination in this corespondence.**
Corps Regulatory Official:
Date 06/28/2011 Expiration Date N/A
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Page 2 of 2

Action ID Number:SAW-2008-00600 County:Currituck
Permittee: NCDOT, Greg Thorpe, Ph. D.
Date Verification Issued: 06/28/2011
Project Manager: Biddlecome
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
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
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

FW: (UNCLASSIFIED) Page 1 of l
FW: (UNCLASSIFIED)
Ward, Garry
Sent: Wednesday, August 17, 2011 3:36 PM
To: Carrillo, Sonia
Attachments: Additional Special Conditi~l.pdf (11 KB) ; EledronicSignature Permit~l.pdf (91 KB)
Sonia -Corps permit for 11-0462
E-mail correspondence to and form this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Biddlecome, William J SAW [mailto:[e-mail]]
Sent: Thursday, July 07, 2011 2:57 PM
To: Ward, Garry
Subject: (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Bill Biddlecome
Regulatory Project Manager
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889
[phone]
william.i.biddlecome ~usace.army.mil
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service
to our customers. We would appreciate your feedback on how we are performing our duties.
Our automated Customer Service Survey is located at:
htta://oer2.nwp.usace.army.m i l/su rvev.htm l
Thank you for taking the time to visit this site and complete the survey.
Classification: UNCLASSIFIED
Caveats: NONE
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