20200220 Ver 2_USACE Permit_20210427

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00343 County: Pitt County U.S.G.S.Quad:Grimesland
GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION
Permittee: Chris Rivenbark
NCDOT-NEU
Address: 1548 Mail Service Center
Raleigh NC,27699
Telephone Number:
Size(acres) 3 Acres Nearest Town Grimesland
Nearest Waterway Chicod Creek RiverBa sin Pamlico
USGS HUC 03020103 Coordinates Latitude:35.569888
Longitude:-77.203997
Location description: Bridge 87 on NC 33 over NCRRtracks near Grimesland,Pitt County,North Carolina.
Description of projects area and activity: PCN
Applicable Law: ® Section 404(Clean Water Act,33 USC 1344)
0 Section 10(Rivers andHarbors Act,33 USC 403)
Authorization: Regional General Permit Number and/orNationwide Permit Number:GP 50-NCDOT-Bridge,Road Widenings
and Interchanges
SEE ATTACHED RGP or NWP GENERAL,REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordancewith the attached
conditions and your submitted application and attached information dated April 27,2021.Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class
I administrative penalty,and/or appropriate legal action.
This verificationwill remainvalid untilthe expiration date identified belowunless thenationwide and/or regional general permit
authorization is modified,suspended or revoked. If,prior to the expiration date identified b elow,the nationwide and/or regional
genera l p erm it authorization is reissued a nd/or m odified,this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modifiednationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended,revoked,or is modified,such thatthe 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 uponthenationwide and/orregionalgeneralpermit,will remain authorizedprovided the activity is complete d
within twelve months of the date of thenationwide and/orregionalgeneralpermit'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 subjectto Section 404(as indicated above)may also require an individual Section 40 1 Water Quality Certific ation. You
should contact the NC Division of WaterResources(telephone [phone])to determine Section401 requirements.
For activities occurring within the twenty coastal counties subject to regulationunder the CoastalArea Management Act (C AMA),
prior to beginning work you must contact the N.C.Division of Coastal Management in Morehead City,NC,at(252)808-2808.
This Department of theArmy verification does not relieve the permittee of theresponsibility to obtain any other required Federal,
State orlocalapprovals/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 Thomas Steffens at(910)251-4615 or [e-mail].
"1„k- Date:2021.04.28
Corps Regulatory Official: "1"'- 07:47:37-04'00' Date: April 27,2021
Expiration Date of Verification: May25,2025

SAW-2020-00343
A.Determination of Jurisdiction:
1. ® There are waters,including wetlands,on the above described project area thatmaybe subject to Section404 ofthe Clean
Water Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).This preliminary
determination is not an appealable action under the Regulatory Program Administrative App eal Process(Reference 33 CFR Part
33 1). However,youmay request an approved JD,which is an appealable action,by contacting the Corps district for further
instruction. Please note,if work is authorized by either a general or nationwide permit,and you wish to request an appeal of an
approved JD,the appealmustbe received by the Corps andtheappealprocess concludedpriorto the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology ofwaters of the United States.
2. ❑ There are Navigable Waters of the United States within the above describedproject area subjectto the permit requirements
of Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act(CWA)(33 USC§
1344). Unless there is a change in the law or our publishedregulations,this determination may be relied upon for a periodnot to
exceed fiveyears from the date of this notification.
3. ❑ There are waters,including wetlands,within the above describedproject area that are 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 maybe relied upon for a periodnot to exceed five years from the date of this notification.
4. ❑ A jurisdiction determination was not completed with this request. Therefore,this is not an appealable action. However,you
may request an approved JD,which is an appealable action,by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the a bove describ edproj ect area have been identified under a previous action. Please reference
the approvedjurisdictional determination issued . Action ID:SAW-
B.Basis For Jurisdictional Determination: N/A.An Approved JD has not been completed.
C.Remarks:
D.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 notbe valid for the wetland conservationprovisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate p articipation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations(as indicated in A2 and A3 above).
If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part331. Enclosed
you will find a Notification ofAppeal Process(NAP)fact sheet andRequest for Appeal(RFA)form. Ifyourequest to appealthis
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin,App eal Review Officer
60 Forsyth Street SW,Room 10M 15
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,thatit meets the criteria for appeal
under 33 CFR part 331.5,andthat it has been receivedby the Division Office within 60 days ofthe date of the NAP. Should you
decide to submit an RFA form,it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Date: 2021.04.28 07:48:32
Corps Regulatory Official: _ z -04'00'
Thomas Steffens
Date of JD: April 27,2021 Expiration Date ofJD:

SAW-2020-00343
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 our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm apex/f?p=1 36:4:0.
Copy furnished:
Chris Rivenbark
NCDOT-NEU
1548 Mail Service Center
Raleigh NC,27699

SAW-2020-00343
SPECIAL CONDITIONS
1.CONSTRUCTION PLANS:All work authorized bythis permit must be performed in strict compliance with the attached
plans dated Apri127,2021,which are a part ofthis permit.Any modification to these plans mustbe approved by the US
Army Corps of Engineers(USACE)prior to implementation.
2.UNAUT HORIZED DREDGE OR FILL:Except as authorizedby this permit or any USACE approved m odific ation to
this permit,no excavation,fill or mechanized land-clearing activities shall take place at anytime in the construction or
maintenance of this project,within waters or wetlands.This permit does not authorize temporarypla cement or double
handling of excavated or fill material within waters orwetlands outside the permitted area.This prohibition applies to all
borrow and fill activities connectedwith this project.
3.MAINTAIN CIRCULATION AND FLOW OF WATERS:Exceptas specified in the plans attached to this permit,no
excavation,fill or mechanized land-clearing activities shalltakeplace at anytime in the construction or maintenance ofthis
project,in such a manner as to impair normal flows and circulationpattems within waters orwetlands or to reduce thereach
of waters orwetlands.
4.DEVIATION FROM PERMITTED PLANS:The permittee shall ensure that the construction design plans for this
project do not deviate from the permit plans attached to this authorization.Written verification shallbe provided that the final
construction drawings comply with the attached permit drawings prior to any active construction in waters of the United
States,including wetlands.Any deviation in the construction design plans willbe brought to the attention of the Corps of
Engineers,Mr.Thomas Steffens,Washington Regulatory Field Office at 910-251-4615
5.CLEAN FILL:Unless otherwise authorized bythis permit,all fill ma terial pla ced in waters orwetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace quantities.Metal products,organic
materials(including debris from land clearing activities),or unsightly debris will not be used.Soils used for fill shall not be
contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act.
6.PERMIT DISTRIBUTION:The permittee shall require its contractors and/or agents to comply with theterms 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,shallbe available at the project site during construction and maintenance of this project.
7.SILT-FENCING:The permittee shall employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters and wetlands outside the permit area.This shall include,but is not
limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance
or the movement of earthen fill,and the immediate stabilization of a ll disturbed areas.Additionally,the project must remain
in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973(North Carolina General Statutes
Chapter 113A Article 4).
8.ENDANGERED SPECIES ACT:The U.S.Fish and Wildlife Service's(USFWS's)Programmatic Biological Opinion
(PBO)titled,"NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8",datedNovember 6,2020,contains
agreed upon conservation measures fortheNLEB.Your authorization under this Department ofthe Army pemut is
conditional upon your compliance with all agreed upon conservation measures in the PBO,which are incorporated by
reference in this permit.Failure to comply with these conservation measures would constitute noncompliance
with your Department oftheArmy permit.The USFWS is the appropriate authority to determine compliance with the terms
and conditions of its PBO,and with the ESA.
9.ESA:The U.S.Fish and Wildlife Service's(USFWS's)Programmatic Biological Opinion(BO)titled"Bridge and Culvert
Replacements/Repairs/Rehabilitations in Eastern North Carolina,NCDOT Divisions 1-8),"dated June 13,2018,contains
mandatory temis and conditions to implementthe reasonable and prudent measures that are associated with"incidental take"
that are specified in the BO.Your authorization under this Corps permit is conditional upon your compliance with all the
mandatory terms and conditions associated with incidental take of the BO,which terms and conditions are incorporated by
reference in this permit.Failure to comply with theterms and conditions associated with incidental take ofthe BO,where a
take ofthe listed species occurs,would constitute an unauthorized take,and it would also constitute non-compliance with
your Corps permit.The USFWS is the appropriate authority to determine compliance with the terms and conditions of its
BO,and with the ESA.
10.MITIGATION:The Permittee shall debit the Mildred Woods Mitigation Site(ONEID 033-001)for the unavoidable
impacts to 0.75 acres o fnon-rip arian wetlands associated with the B-5301 Bridge 87 rep lac ement proj ect.The debit amount
is calculated at a 2:1 ratio to equal 1.50 acres of required mitigation from the Mildred Woods Mitigation Sit

Action ID Number: SAW-2020-00343 County: Pitt County
Permittee: Chris Rivenbark
NCDOT-NEU
Project Name: NCDOT/B 5301 /Norfolk Southern Railroad/ Br 87/Div 2
Date Verification Issued: April 27,2021
Project Manager: Thomas Steffens
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
Attn: Thomas Steffens
Washington Regulatory Field Office
2407 West 5th Street
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. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty,or initiating other appropriate legal action.
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