20110427 Ver 1_Information Letter_20110803

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2005-11639 County: Tyrrell USGS Quad: Fairfield. NW, NC
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Dr. Gregory J. Thorpe, Ph.D
Address: Environmental Management Director, PDEA
N.C. Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
?I
Telephone No.: 919)431-6696
Size and location of property (water body, road name/number, town, etc.): The project is located at Bridge # 6 on NC
Highway 94, adjacent to and crossing the Northwest Fork Alligator River. TIP # B-4647.
Description of projects area and activity: Replace an existing functionally obsolete 360' long X 29.5' wide 16-span
bridge with a new 370' long X 36' wide 8-span cored slab bridge utilizing staged construction and top down
construction permanently impacting 0.49 acres of wetlands. Additionally 0.63 acres of temporary wetland impacts
for hand clearing vegetation are authorized for construction purposes and erosion control devices ( 0.1 acres of
temp fill will occur in this area for silt fence and special sediment control fence). All utilities (water and telephone)
will be relocated via directional bore and will have no jurisdictional impacts. Existing power lines/poles on
northwest side of NC 94 will remain in place. 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: 198200031
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 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.
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] .
BIDDLECOME.WILLI', a aKOM"Y, «° °,u°==°=«
Corps Regulatory Official AM.J.JR.1228726504a, «Date: 08/03/2011
Expiration Date of Verification: 10/31/2013
Page 1 of2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at http://regulatorV.usacesurvey.com/ to complete the survey
online.
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the 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.
? 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 (C WA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 02/16/2006. Action ID 200511639
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 wart of a broad continuum of wetlands
connected to the Northwest Fork of the Alligator River, which is a tributary to the Alligator River.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, 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) form. 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.O. Box 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 33 1.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 08/03/2011 Expiration Date 08/03/2016
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-2005-11639 County:Tvrrell
Permittee: NCDOT, Greg Thorpe, Ph. D.
Date Verification Issued: 08/03/2011
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
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Regional General Permit No. 198200031
Name of Permittee: General Public
Effective Date: November 1, 2008
Expiration Date: October 31, 2013
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT
A regional general permit (RGP) to perform work in or affecting navigable waters of the United
States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant
to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404
of the Clean Water Act (33 U.S.C. 1344), is hereby modified and re-issued by authority of the
Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE THE DISCHARGE OF DREDGED OR FILL MATERIAL IN WATERS
OF THE UNITED STATES, INCLUDING WETLANDS, ASSOCIATED WITH THE
CONSTRUCTION, MAINTENANCE AND REPAIR OF BRIDGES, INCLUDING
COFFERDAMS, ABUTMENTS, FOUNDATION SEALS, PIERS, APPROACH FILLS,
DETOUR FILLS, BOX CULVERT INSTALLATION AND TEMPORARY
CONSTRUCTION AND ACCESS FILLS, IN WATERS OF THE UNITED STATES AS
PART OF WORK CONDUCTED BY THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION (NCDOT) OR OTHER STATE, FEDERAL OR LOCAL
GOVERNMENTAL ENTITY, IN THE STATE OF NORTH CAROLINA.
1. Special Conditions.
a. Written confirmation that the proposed work complies with this RGP must be received
from the Wilmington District Engineer prior to the commencement of any work. To enable this
determination to be made, the permittee must furnish the Wilmington District Engineer a pre-
construction notification with the following information:
(1) A map indicating the location of the work.
(2) Plans of the proposed work showing all pertinent structures, elevations, dimensions
and quantities of materials and locations of all structures and/or fill in wetlands or waterward of
the normal/high water elevation contours.
(3) A brief discussion of the affected aquatic resources, including streams and wetlands.
The discussion shall include the identification and types of vegetation present.
(4) Approximate commencement and completion dates.
(5) A description of methods to be employed to avoid and/or minimize permanent and
temporary impacts to aquatic resources caused by the proposed work.
(6) Plans, including timetables and techniques, for construction, stabilization and
removal of all unavoidable temporary fills.
(7) Names and addresses of adjoining property owners.
b. In the case of fills of one acre or less, including permanent approach fills, detour fills and
fills associated with culvert installation, the Corps of Engineers' Project Manager will determine,
after appropriate onsite visits and review of plans, if the impacts on aquatic resources, including
streams and wetlands, are likely to be such as to require review by Federal and State agencies. If
it is determined that impacts are minimal or can be made minimal by changes agreed to by the
applicant, a letter of authorization to proceed will be provided. If it is determined that review by
Federal and State agencies is necessary to fully evaluate impacts, copies of all plans and
materials will be forwarded to the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), the U.S. Environmental Protection Agency (EPA) and the North
Carolina Department of Environment and Natural Resources (NCDENR). These agencies will
furnish comments to the Wilmington District Engineer within thirty (30) days.
c. In cases of fills greater than one acre, copies of all plans and materials will be forwarded
to the USFWS, the NMFS, the EPA and the NCDENR. These agencies will furnish comments to
the Wilmington District Engineer in thirty (30) days. In cases of land disturbing activities
comprising more than one acre, a Sedimentation/Erosion Control Plan will be filed with the
North Carolina Division of Land Resources, Land Quality Section, thirty (30) days prior to
commencing work.
d. Where work is proposed within the twenty (20) coastal counties, as defined by the North
Carolina Division of Coastal Management, the applicant shall forward a copy of the pre-
construction notification to:
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
The counties in which this condition applies are:
Bertie Carteret Dare Hyde Pender
Beaufort Chowan Gates Onslow Perquirnans
Brunswick Craven New Hanover Pamlico Tyrrell
Camden Currituck Hertford Pasquotank Washington
e. In the event that any Federal agency maintains an objection or any required State
authorization is outstanding, no notice to proceed will be given until objections arc resolved and
State authorizations are issued.
f. No work will proceed until after the applicant has received written notice to proceed from
the Wilmington District Engineer. This notice may include additional conditions and/or
restrictions. Copies of the notice to proceed will be furnished to the USFWS, the NMFS, the
EPA and the NCDENR with a brief description of the work, including the area of wetlands
affected and the quantity of fill material.
g. Upon completion of any work authorized by this RGP, all temporary fills will be
completely removed and the area reestablished as a wetland by restoring natural hydrology and
native vegetation. Stream contours and riparian vegetation will be reestablished upon the
removal of temporary culverts. In such instances, a restoration plan will be submitted to the
Wilmington District Engineer for approval. Information in the restoration plan will be in
accordance with special condition j. below.
h. Appropriate soil and erosion control measures must be established and maintained during
construction. All fills, temporary and permanent, must be adequately stabilized at the earliest
practicable date to prevent erosion of fill material into adjacent waters or wetlands.
i. In cases where new alignment approaches are to be constructed and the existing wetland
approach fill is to be abandoned and no longer to be maintained as a roadway, the abandoned fill
shall be removed and the area reestablished as a wetland. In such instances, a restoration plan
will be submitted to the Wilmington District Engineer for approval. Information in the
restoration plan will be in accordance with special condition j. below.
j. Discharges of dredged or fill material into waters of the United States, including
wetlands, must be minimized or avoided to the maximum extent practicable. In reviewing an
activity, the Wilmington District Engineer will first determine whether the activity will result in
more than minimal adverse environmental affects. For activities that are determined to have
more than minimal impacts, compensatory mitigation will be required. To expedite the process,
the applicant will provide a mitigation plan with the request for authorization. Site specific
mitigation proposals will include, but are not necessarily limited to, a description of work, a
schedule of work and a monitoring plan, and they will be in accordance with currently approved
Wilmington District and/or Corps-wide mitigation guidelines. The applicant may propose other
forms of mitigation, such as mitigation bank credits or in-lieu fee mitigation with the
notification, which in some situations and at the discretion of the Wilmington District, may be
considered acceptable mitigation.
k. Activities in any North Carolina designated "Mountain Trout Waters" must comply with
all pH, temperature and turbidity criteria established for such waters by the North Carolina
Wildlife Resources Commission (NCWRC) and/or the North Carolina Division of Water Quality
(NCDWQ). Work that may result in the sedimentation of trout waters will generally be
prohibited from October 15 to April 15, of any year, to avoid impacts on trout spawning.
1. Before discharging dredged or fill material into waters of the United States, including
wetlands, in the twenty-five (25) mountain counties of North Carolina that contain trout waters,
the applicant will obtain and provide a letter of comments and recommendations from the
NCWRC on the proposed activities. A discussion of alternatives to working in the mountain
trout waters and why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to the mountain trout waters shall also be
submitted with the letter from NCWRC. To facilitate coordination with the NCWRC, the
proponent may provide a copy of the notification to the NCWRC concurrent with the notification
to the District Engineer. The NC WRC will respond both to the proponent and directly to the
Corps of Engineers.
The applicant should contact NCWRC in the following NC Trout Counties at:
Mr. Ron Linville Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 ldlewild Road
l Ashe Mitchell Wilkes
Kemersvil
e, NC 27284-9180
Tele
hone: [phone]
Avery
Stokes
p Burke Burry
Mr. Dave McHenry Counties
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786
828
452
2546
T
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h Clay Macon Swain
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e
ep
one: (
Fax: [phone] Graham Madison Transylvania
Haywood McDowell Yancey
m. This permit does not authorize the use of culverts in areas designated as anadromous fish
spawning areas by the North Carolina Division of Marine Fisheries (NCDMF) or the North
Carolina Wildlife Resources Commission (NCWRC).
n. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the NCWRC as anadromous fish spawning area are
prohibited during the period between February 15 and June 30, without prior written approval
from NCDMF or NC WRC and the Corps. Discharges into waters of the United States
designated by NCDMF as primary nursery areas and discharges into waters of the United States
designated by NCWRC as inland nursery areas shall be coordinated with NCDMF and NCWRC
prior to being authorized by this RGP. Coordination with NCDMF and NCWRC may result in a
required construction moratorium during periods of significant biological productivity or critical
life stages.
The Applicant should contact:
NC Division of Marine Fisheries North Carolina Wildlife Resources Commission
3441 Arendetl Street Habitat Conservation Program Manager
Morehead City, NC 28557 1721 Mail Service Center
Telephone [phone] Raleigh, NC 27699-1721
or 800-682-2632 Telephone [phone]
o. No activity may result insubstantial permanent disruption of the movement of those
species of aquatic life indigenous to the waterbody, including those species that normally migrate
through the area. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by widening the stream channel or by reducing the depth of the
stream in connection with the construction activity. The width, height, and gradient of a
proposed opening should be such as to pass the average historical low flow and spring flow
without adversely altering flow velocity. Spring flow should be determined from gage data, if
available. In the absence of such data, bankfull flow can be used as a comparable level.
p. This permit generally allows the permanent installation of culverts to 100 feet in length.
For culverts longer than 100 feet, the proposed application will be closely evaluated to determine
if unacceptable impacts on movement of aquatic organisms would result. In such cases, approval
may not be provided.
q. If the project is located within the twenty (20) counties of North Carolina designated as
coastal counties by the Coastal Area Management Act (CAMA), then all pipe and culvert inverts
will be buried at least one foot below normal bed elevation when they are placed within the
Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) quad sheets. If the project is not located within the twenty (20) counties of North
Carolina designated as coastal counties by CAMA, then culvert inverts will be buried at least one
foot below the bed of the stream for culverts greater than 48 inches in diameter. Culverts 48
inches in diameter or less shall be buried or placed on the stream bed as practicable and
appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing
channel slope. The potential for destabilization of the channel and head cutting upstream should
be considered in the placement of the culvert. A waiver from the depth specifications in this
condition may be requested in writing. The waiver will only be issued if it can be demonstrated
that the impacts of complying with this condition would result in more adverse impacts to the
aquatic environment. Culverts placed in wetlands do not have to be buried.
r. All activities authorized by this RGP shall, to the extent practicable, be conducted "in the
dry", with barriers installed between work areas and aquatic habitat to protect that habitat from
cement or other pollutants. Where concrete is utilized, measures will be taken to prevent live or
fresh concrete, including bags of uncured concrete, from coming into contact with waters of the
state until the concrete has hardened. Water in the work area will be pumped to holding and
settling ponds as practicable, and water will not be allowed to re-enter the water column until
decanted.
s. If the project authorized by this RGP is proposed by a Federal or State agency, and is
located within the twenty (20) counties of North Carolina designated as coastal counties by the
CAMA, then prior to project initiation the proponent must obtain a consistency concurrence that
the proposed project would be consistent with the state's coastal management program from the
N.C. Division of Coastal Management (DCM). A copy of the state's consistency approval must
be provided to the appropriate Wilmington District Regulatory Office at the following address:
Wilmington Regulatory Field Office Washington Regulatory Field Office
P.O. Box 1890' P.O. Box 1000
Wilmington, NC 28402 Washington, NC 27889
The state's consistency approval will be conveyed in the form of a CAMA permit if the project is
located within a designated CAMA Area of Environmental Concern (AEC), and will be
conveyed in the form of a Consistency concurrence letter from DCM if the project is not located
within a designated CAMA AEC.
t. No work shall be authorized by the RGP within the twenty coastal counties, as defined by
the North Carolina Division of Coastal Management, without prior consultation with NOAA
Fisheries. For each activity reviewed by the Corps of Engineers where it is determined that the
activity may affect Essential Fish Habitat (EFH) for Federally managed species, an EFH
Assessment shall be prepared by the applicant and forwarded to the Corps of Engineers and
NOAA Fisheries for review and comment prior to authorization of work.
u. All work will comply with Water Quality Certification No. 3404, issued by the NCDWQ
on 30 September 2008.
v. The activity must be designed to maintain preconstruction downstream flow conditions
(e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict
or impede the passage of normal or expected high flows and the structure or discharge of dredged
or fill material must withstand expected high flows
2. General Conditions.
a. All activities authorized by this RGP that involve the discharge of dredged or fill
material in waters of the United States will be consistent with applicable water quality standards,
effluent limitations and standards of performance, prohibitions, pre-treatment standards and
management practices established pursuant to the Clean Water Act (33 U.S.C. 1344) and
applicable State and local law. If the proposed activity involves the discharge of dredged or fill
material in waters of the United States, prior to the commencement of any work, the applicant
will satisfy the NCDWQ regarding the need for a Water Quality Certification pursuant to Section
401 of the Clean Water Act.
b. All activities authorized by this RGP that involve the use of concrete as a building
material, measures will be taken to prevent live or fresh concrete, including bags of uncured
concrete, from coming into contact with waters of the state until the concrete has hardened.
C. To the maximum extent practicable, the pre-construction course, condition, capacity,
and location of open waters must be maintained for each activity, including stream
channelization and storm water management activities, except as provided below. The activity
must be constructed to withstand expected high flows. The activity must not restrict or impede
the passage of normal or high flows. The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities). .
d. All activities authorized by this RGP that involve the use of riprap material for bank
stabilization, the following measures shall be applied:
(1) Filter cloth must be placed underneath the riprap as an additional requirement of
its use in North Carolina waters.
(2) The placement of riprap shall be limited to the areas depicted on submitted work
plan drawings.
(3) The riprap material shall be clean and free from loose dirt or any pollutant except
in trace quantities that would not have an adverse environmental effect.
(4) It shall be of a size sufficient to prevent its movement from the authorized
alignment by natural forces under normal conditions.
(5) The riprap material shall consist of clean rock or masonry material such as, but
not limited to, granite, marl, or broken concrete.
(6) A waiver from the specifications in this general condition maybe requested in
writing. The waiver will only be issued if it can be demonstrated that the impacts of complying
with this Regional condition would result in greater adverse impacts to the aquatic environment.

e. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this RGP.
f. The activity must comply with applicable FEMA approved state or local floodplain
management requirements.
g. Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance.
h. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this RGP, will, within 60 days, without expense
to the U.S. Government, and in such manner as the Wilmington District Engineer may direct,
affect compliance with the terms and conditions or return the worksite to a pre-work condition.
i. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
j. The permittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU s or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
k. The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
1. This RGP does not convey any rights, either in real estate or material, or any exclusive
privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
CAMA Permit(N.C.G.S. 113A-I18), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.
in. Authorization provided by this RGP maybe modified, suspended or revoked in whole
or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army,
determines that such action would be in the best public interest. Unless subject to modification,
suspension or revocation, the term of this RGP shall be five years. Any modification, suspension
or revocation of this authorization will not be the basis for any claim for damages against the
U.S. Government.
n. This RGP does not authorize the interference with any existing or proposed Federal
project and the permittee will not be entitled to compensation for damages or injury to the
structures or work authorized herein which may be caused by or results from existing or future
operations undertaken by the United States in the public interest.
o. This RGP will not be applicable to proposed construction when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and determines that an Environmental Impact Statement (EIS) must be
prepared.
p. This RGP will not be applicable to proposed construction when the Wilmington District
Engineer determines, after any necessary investigations, that the proposed activity would
adversely affect areas that possess historic, cultural, scenic, conservation or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273),
those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and
recreational rivers established by State and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
as amended, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as determined by the
Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species
Act (16 U.S.C. 1531).
(5) NOAA designated marine sanctuaries, National Estuarine Research Reserves, and
coral reefs.
q. Permittees are advised that activities in or near a floodway may be subject to the
National Flood Insurance Program, which prohibits any activities, including fill within a
floodway that results in any increase in base flood elevations.
r. At his discretion, the Wilmington District Engineer may determine that this RGP will
not be applicable to a specific construction proposal. In such case, the procedure for processing
an individual permit in accordance with 33 CFR 325 will be available.
S. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety.
t. The discharge of dredged or fill material shall consist of suitable material free from
toxic pollutants in toxic amounts.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
ferson M s age.
Colonel, Corps of Engineers
District Commander
10
Additional Special Conditions
Action I.D. # SAW-2005-11639 - NCDOT, Bridge Replacement No. 6 on NC Highway
94, Tyrrell County, NC, TIP # B-4647
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 wetiands orxurrounding 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 proiect 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 30. For
the purpose of this moratorium, in water is defined as those waters within
the Northwest Fork of the Alligator River and its adjacent wetlands that during
periods of inundation have an active connection to the NW Fork of the Alligator
River.
e) The permittee will follow NCDOT adopted anadromous fish stream crossing
guidelines.
f) 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 impacts to 0.49 acres of wetlands associated with the
proposed project shall be provided in accordance with Special Conditions i andj
contained on pages 3 and 4 and in association with the document titled "Wetland
Restoration Plan, Bridge No. 6 over the Northwest Fork Alligator River on NC 94,
Tyrrell County," dated April 5, 2011.
i) Any violation of these conditions or violations of Section 404 of the Clean Water
Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District, U.S. Army Corps of Engineers, within 24 hours of the
violation.
j) All measures will be taken to avoid any temporary fill from entering into
Northwest Fork Alligator River 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 or 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) Failure to institute and carry out the details of special conditions a. - I., above,
may result in a directive to cease all ongoing and permitted work within waters
and/or wetlands associated with TIP No. B-4647, or such other remedy as the
District Engineer or his authorized representatives may seek.