20121019 Ver 1_Application_20121106

U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW 2012 01795 County Dare U S G S Quad Kitty Hawk,NC
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner NCDOT,Jerry Jennings,Division Engineer Agent
113 Airport Drive,Suite 100
Address Edenton,North Carolina 27932 Address
Telephone#[phone]
0 1 2 1 0 1 9
Size and location of property(water body road name/number town etc) The project is located waterward of the Mean
High Water elevation along the Atlantic Ocean Shoreline parallel to NC Highway 12(N Virginia Dare Trail)near Mile Post 4
approximately 0 17 miles north of NCSR 1206(Kitty Hawk Road)in Kitty Hawk The project boundary is within the existing
sandbag area that was previously authorized by the NC Dept of Coastal Management Latitude 36 06957 Longitude _
75 69218
Description of projects area and activity Fill approximately 50 sandbags with sand material obtained/pumped from the swash
zone that were recently damaged by Hurricane Sandy The existing damaged sandbags will be removed and replaced with
new bags on the existing alignment and will be utilized as toe protection for the reconstruction of NC Highway 12 in this area
as well as the base for the reconstruction of the primary dune in this location
Applicable Law ® Section 404(Clean Water Act 33 USC 1344)
® Section 10(Rivers and Harbors Act 33 USC 403)
Authorization Regional General Permit Number or Nationwide Permit Number 198000048
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated November 5,2012 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 will remain valid until the expiration date identified below unless the nationwide authorization is modified
suspended or revoked 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 requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended revoked or is modified such that the
activity would no longer comply with the terms and conditions of the nationwide permit activities which have commenced (i e are
under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit s expiration modification or revocation unless
discretionary authority has been exercised on a case by case basis to modify suspend or revoke the authorization
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(910)251 4558
Corps Regulatory Official BIDDLECOME WILLIA N � , Date 11/05/2012
M J JR 1228726504 r
Expiration Date of Verification 12/31/2016
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 attached customer Satisfaction Survey or visit http//per2 nv4p usacc army milrsui ye) html to complete the survey
online

t
Copy Furnished
Determination of Jurisdiction
A ® Based on preliminary information there appear to be waters of the US including wetlands within the above described project t
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 t
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 For Determination
This area exhibits a High Tide Line as indicated by physical markings on the existing beach face and is part of the Atlantic
Ocean
Remarks
1
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps Clean Water Act jurisdiction for the particular site
identified in this request The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985 If you or your tenant are USDA Program participants or anticipate participation in USDA programs you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work
f
F Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above)
This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this
determination you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a
Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form If you request to appeal this determination you
must submit a completed RFA form to the following address
US Army Corps of Engineers
South Atlantic Division 5
Attn Jason Steele Review Officer
60 Forsyth Street SW Room 10M15
Atlanta Georgia 30303 8801
Phone [phone]
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 N/A
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence** 1
Corps Regulatory Official
1
Date 11/05/2012 Expiration Date N/A
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RE Kitty Hawk Sandbags Repair& Maintenance Page 1 of 2
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RE Kitty Hawk Sandbags Repair & Maintenance
Williams, Paul C
Sent Monday November 05 2012 3 51 PM
To Shook Ryan L
You are authorized to proceed with the repair and maintenance of the sandbags in Kitty Hawk to the original
alignment
Thanks
Paul C Williams, Jr
DOT Project Field Representative
N C Dept of Environment&Natural Resources I
Division of Coastal Management
1367 U S 17 South
Elizabeth City NC 27909
Office [phone]
Mobile [phone]
Fax [phone]
paul williams@ncdenr gov
E mail col respondence to and from this addi ess may be subject to the
North Car ohna Public Recor ds Law and may be disclosed to third par ties
From Shook, Ryan L
Sent Monday, November 05, 2012 3 08 PM
To Williams, Paul C 1
Subject Kitty Hawk Sandbags Repair& Maintenance
Paul
NCDOT is proposing to repair the sandbags in Kitty Hawk along NC 12 that were damaged as result of Hurricane
Sandy The damaged sandbags will be removed and replaced with new sandbags on their current alignment and
will be filled with sand that will be pumped from the swash zone Approximately 10 50 bags will be replaced I
wanted to clarify that this work can be covered under repair and maintenance per our discussion on site The
damaged bags are located near MP 4 0 17 miles N of SR 1206 Kitty Hawk Rd (36 06957 75 69218) NCDOT will
be applying for a General Permit No 198000048 from the ACOE that will allow for the filling of the sand bags
Coordination has been completed with USFWS and WRC and they have no concern with the proposed work See
attached emails Let me know if you need any additional information
Thanks
Ryan
t
Ryan Shook
1 Division 1 Environmental Specialist
1 113 Airport Dr Suite 100
Edenton NC 27932
r
https //mail nc gov/owa/7ae=Item&t=IPM Note&id=RgAAAADMSzLcd9W2TJHI4%2bm 11/6/2012

RE Kitty Hawk Sandbags Repair & Maintenance Page 2 of 2
il 252 482 7977 phone
252 482 8722 fax
Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties
I
4
4
1
I
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https //mail nc gov/owaPae=Item&t=IPM Note&id=RgAAAADMSzLcd9W2TJHI4%2bm 11/6/2012
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RE Kitty Hawk Sandbag damage Page 1 of 1
RE Kitty Hawk Sandbag damage
Wilson, Travis W
Sent Monday November 05 2012 2 49 PM
To Shook Ryan L gary jordan @fws gov
Cc Biddlecome William J SAW(William 3 Biddlecome @usace army mil)
NCWRC does not have any concerns with NCDOT s proposal
NOTE NEW PHONE NUMBER AND MAILING ADDRESS
Travis W Wilson
Eastern Region Highway Project Coordinator i
Habitat Conservation Program
NC Wildlife Resources Commission
1718 Hwy 56 West
Creedmoor NC 27522
Phone [phone]
Fax [phone]
Travis Wilson @ncwildlife org
From Shook, Ryan L
Sent Monday, November 05, 2012 1 46 PM
To gary.jordan @fws gov, Wilson,Travis W
Cc Biddlecome, William 3 SAW (William J Biddlecome @usace army mil)
Subject Kitty Hawk Sandbag damage
Gary&Travis
t
This email is a follow up to the conversations we had about the replacement of the damaged sandbags in Kitty
Hawk located along NC 12 The damaged bags are located near MP 4 0 17 miles N of SR 1206 Kitty Hawk Rd
(36 06957 75 69218) NCDOT is proposing to replace sandbags along NC 12 that were damaged as a result of
Hurricane Sandy The damaged bags will be removed and replaced with new bags on the existing alignment
These bags will be filled with sand that will be pumped from the swash zone on the beach face NCDOT will be
applying for a General Permit No 198000048 from the ACOE that will allow for the filling of the sand bags
I wanted to coordinate with USFWS and WRC and see if you had any concerns with this project Please let me
know if you have any questions or need any additional information
Thanks ,
Ryan
Ryan Shook
Division 1 Environmental Specialist
113 Airport Dr Suite 100 t
Edenton NC 27932
252 482 7977 phone
252 482 8722 fax
Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties
https //mail nc gov/owa/7ae=Item&t=IPM Note&1d=RgAAAADMSzLcd9W2TJHI4%2bm 11/6/2012

Re Kitty Hawk Sandbag damage Page 1 of 2
Re Kitty Hawk Sandbag damage
Gary_Jordan @fws gov
Sent Monday November 05 2012 2 35 PM
To Shook Ryan L
Cc Wilson Travis W Biddlecome William J SAW(William J Biddlecome @usace army mil)
Ryan
As discussed earlier today on the phone and with regard to Section 7 of the Endangered Species Act I don t
have any concerns Although the sea turtle moratorium does not officially end until November 15 I am confident
that there are no unhatched sea turtle nests within the work zone This high energy and narrow beach area would
not have been conducive for sea turtle nests anyway I would concur with a No Effect biological conclusion for
sea turtles Thanks for coordinating
Gary Jordan
Fish and Wildlife Biologist
US Fish and Wildlife Service
PO Box 33726
Raleigh NC 27636 3726
Phone [phone] ext 32
Fax[phone]
garyJordan @fws gov
Shook Ryan L <rlshook @ncdot gov> To gary Jordan @fws gov <gary Jordan @fws gov> Wilson Travis W
<travis wilson @ncwildlife org>
11/05/2012 01 45 PM cc Biddlecome William J SAW(William J Biddlecome @usace army mil)
<William J Biddlecome @usace army mil>
Subject Kitty Hawk Sandbag damage
I t
Gary&Travis
This email is a follow up to the conversations we had about the replacement of the damaged sandbags in Kitty Hawk
located along NC 12 The damaged bags are located near MP 4 0 17 miles N of SR 1206 Kitty Hawk Rd (36 06957
75 69218) NCDOT is proposing to replace sandbags along NC 12 that were damaged as a result of Hurricane Sandy The
damaged bags will be removed and replaced with new bags on the existing alignment These bags will be filled with sand
that will be pumped from the swash zone on the beach face NCDOT will be applying for a General Permit No 198000048
from the ACOE that will allow for the filling of the sand bags
I wanted to coordinate with USFWS and WRC and see if you had any concerns with this project Please let me know if you
have any questions or need any additional information
Thanks
Ryan
Ryan Shook
Division 1 Environmental Specialist
https //mail nc gov/owa/7ae=Item&t=IPM Note&id=RgAAAADMSzLcd9W2TJHI4%2bm 11/6/2012

Re Kitty Hawk Sandbag damage Page 2 of 2
113 Airport Dr Suite 100
Edenton NC 27932
252 482 7977 phone
252 482 8722 fax
Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties
t
https //mail nc gov/owa/9ae=Item&t=IPM Note&id=RgAAAADMSzLcd9W2TJHI4%2bm 11/6/2012