20091046 Ver 1_USACE Permit_20091216

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D: SAW -2009 -01941 County: Randolph. USGS Quad: Asheboro & Seagrove
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Dr. Gregory Thorpe Agent: Erica McLamb
Address: NC DOT Address: NC DDT
1598 Mail Service Center 1598 Mail Service Center
Raleigh, NC 27699 -1598 Raleigh, NC 27699 -1598
Telephone No.: 1919) 431 -6662 Telephone No.: (919) 431 -6662
Size and location of property (water body, road name /number, town, etc.): The project corridor is located along U.S.
220 from just north of Presnell Street to must south of Dawson Miller Road near Asheboro, Randolph County,
North Carolina. Project start: 35.7074 1N, - 79.8292 1W. Project End: 35.6233 °N, - 79.8287 °W.
Description of projects area and activity: The proposal includes the placement of fill material into Section 404 waters
to facilitate roadway im rovements to U.S. 220 TIP# 1-4407, There are four authorized impact areas as described
in the table below and depicted in the attached plans.
Site Number
Station Number
Impact Type
Authorized Impact linear feet)
I
-L -47 +34/48 +85
Permanent fill for pipe installation
153
2
-L -48 +82/49 +00
Permanent fill for stabilization
14
2
-L -48 +82/49 +00
Temporary fill for stabilization
11
2
-L -48 +82/49 +00
Re -set failing pipe
4
3
-L- 323 +77/324 +16
Permanent fill for pipe installation
I
3
-L -323 +77/324 +16
Temporary fill for pipe installation
30
Total Permanent Impacts
182 (Perm), 41 {Tem )
Applicable Law: 2 Section 404 (Clean Water Act, 33 USC 1344)
F1 Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 13 and 33
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 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 (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 395 -3900.
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 4l I rtgineers regulatory
program, please contact Kimberly Garvey at (910)251 -4482 or kimbei ly.l.g�rve}Kr)ltsace.ari7ry.mi L= .-
DEC 16 2609
Action ID: SAW -2009- 01941

Corps Regulatory Official:
Expiration Date of Verificati©6: D
Date: December 15, 2009
The Wilndngton District is committed to providing the highest level ofsupport'to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at httP:// pert. nwri ,usace.ariny.inil /survey.htmI to
complete the survey online.
Determination of Jurisdiction:
Z 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 determinations issued.
Basis of Jurisdictional Determination:
Provided by NC DOT.
Corps Regulatory Official:
Date: December 15, 2009
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION`FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
NC DOT Division 8, attn: Art King, NC DOT, PO Box 1067, Aberdeen, NC 28315
NCDENR -DWQ attn: Ken Averitte, 225 green Street, Suite 714, Fayetteville, NC 28301 -5094
Action ID: SAW -2009 -01941

Action ID: SAW - 2009 - 01941
SPECIAL CONDITIONS:
Failure to institute and carry out the details of the following special conditions, below, will result in a
directive to cease all ongoing and permitted work within waters and /or wetlands associated with the
permitted project, or such other remedies and/or fines as the District Engineer or his authorized
representatives may seek.
2. In order to compensate for impacts to 182 linear feet of streams, the permittee shall make payment to the
North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the restoration of 320 linear feet of streams in the Yadkin River Basin, Cataloging
Unit 03040104.
Construction within jurisdictional areas on the property shall begin only after the permittee has
made full payment to the NC EEP and provided a copy of the payment documentation to the
Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilmington District, dated November 4, 1998
3. In the authorized temporary impact areas, all fill material and temporary erosion control measures must
be removed in their entirety upon completion of roadway work and fill slopes stabilized.
4. All work must be performed in strict compliance with the attached plans, which are authorized by this
permit. Any modification to the authorized permit plans must be approved by the USACE prior to
implementation.
5. The permittee will ensure that the construction design plans for this project do not deviate from the
authorized permit plans. Any deviation in the construction design plans will be brought to the attention
of the Corps of Engineers, Wilmington Regulatory Field Office prior to any active construction in
waters or wetlands.
b. 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,
and any authorized modifications. A copy of this permit including the authorized plans referenced in
Special Condition (1) and authorized modifications, including all conditions, shall be available at the
project site during construction and maintenance of this project.
7. Except as authorized by this permit or any USACE approved modification to this permit, no excavation,
fill, or mechanized land - clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands, or shall any activities take place that cause the
degradation of waters or wetlands. In addition, except as specified in the plans attached to this permit,
no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction
or maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within, into, or out of waters or wetlands or to reduce the reach of waters or wetlands.
8. This permit does not authorize temporary placement or double handling of excavated or fill material or
construction equipment within waters or wetlands outside the permitted area.
Action ID: SAW -2009 -01941

9. 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. All jurisdictional wetland lines on borrow and waste sites shall be verified by
the Corps of Engineers and shown on the approved reclamation plans. The permittee shall ensure that
all such areas comply with the preceding condition 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 preceding condition. 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.
10. The permittee will report any violation of these conditions or violations of Section 404 of the Clean
Water Act or Section 10 of the Rivers and Harbors Act in writing to the Wilmington District, U. S Army
Corps of Engineers, within 24 hours of the permittee's discovery of the violation.
11. All fill material must be adequately stabilized at the earliest practicable date to prevent sediment from
entering into adjacent waters or wetlands. The permittee shall remove all sediment and erosion control
measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project
completion.
12. NCDOT should utilize the Best Management Practices for Bridge Construction and Demolition as
described in the "Best Management Practices For Construction and Maintenance Activities ", August
2003.
Corps Regulatory Offici
Action ID: SAW -2009 -01941

Action ID Number: SAW -2009 -01941 County: Randolph
Permittee: Dr. Gregory_ Thorpe (c /o NC DOT)
Date Permit Issued: December 15 2009
Project Manager: Kimberly Garvey
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
69 DARLINGTON AVE
WILMINGTON, NORTH CAROLINA 28403
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
Action ID: SAW - 2009 -01941
Date

ASHEBORO QUAD
SEAGROVE QUAD
2000' ol 2000'
iiiii
QUAD SCALE
Full owl
Ic ri zg_
NCDOT
DIVISION OF HIGHWAYS
RANDOLPH COUNTY
PROJECT: 34236 (1-4407)
US 220 FROM NC 134
TO SR. 1462
SHEET 1 OF 11 06/250
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OCT 6 ?Utjg-
NCDOT
DIVISION OF HIGHWAYS
RANDOLPH COUNTY
PROJECT: 34236 (1-4407)
US 220 FROM NC 134
TO SR. 1462
SHEET 1 OF 11 06/250

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a ement
PROGRAM
July 9, 2009
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699 -1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
I -4407, Improvements to US 220 (Future I- 73174) from South of NC 1341US 220
Business to North of SR 1462 in Asheboro, Randolph County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide the compensatory stream mitigation for the subject project. Based on the information supplied by
you on July 8, 2009, the impacts are located in CUs 03040103 and 03040104 of the Yadkin River Basin
in the Central Piedmont (CP) Eco- Region, and are as follows:
Stream — Warm (03040103): 11 feet
Stream — Warm (03040104): 171 feet
EEP commits to implementing sufficient compensatory stream mitigation credits to offset the
impacts associated with this project by the end of the MOA Year in which this project is permitted, in
accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between the
North Carolina Department of Environment and Natural Resources, the North Carolina Department of
Transportation, and the U. S. Army Corps of Engineers, fully executed on March 8, 2007. If the above
referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a
new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth Harmon at
919 - 715 -1929.
Sincerely,
William D. Gilmore, P.E.
EEP Director
cc: Mr. Richard Spencer, USAGE — Wilmington Regulatory Field Office
Mr. Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
File: I4407
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nln0k 1'arnlinn P—n wu tam FnV�annamnn► drnnrorm 4AW) RAId Canine f`—far C7*We k AI(I mzoo_inw) I O4o.71F_l1A7G 1 —..4' nnae., —,

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ement
PROGRAM
July 9, 2009
Mr, Richard Spencer
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28403
Dear Mr. Spencer:
Subject: EEP Mitigation Acceptance Letter:
I -4407, Improvements to US 220 (Future I- 7311 -74) from South of NC 124/US
220 Business to North of SR 1452 in Ashebbro, Randolph County; Yadkin River
Basin (Cataloging Units 03040103 and 03040104); Central Piedmont (CP) Eco-
Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide the compensatory stream mitigation'£or the unavoidable impact associated with the above
referenced project. As indicated in the NCDOT's mitigation request dated July 8, 2009, stream mitigation
from EEP is required for 182 feet of warm stream impact (i 1 feet in Yadkin 03040103 and 171 feet in
Yadkin 03040104)
Mitigation associated with this project will be provided in accordance with Section X of
Amendment No. 2 to the Memorandum of Agreement between the N. C. Department of Environment and
Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers fully:
executed on March 8, 2007 (Tri -Party MOA). EEP commits to implement sufficient compensatory
stream mitigation up to 364 warm stream credits in the appropriate cataloging units to offset the impacts
associated with this project by the end of the MOA year in which this project is permitted. If the above
referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a
new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth Harmon at
919 -715 -1929.
Sincerely,
44/
William D. Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT -PDEA
Mr. Brian Wrenn, Division of Water Quality, Wetlands /401 Unit
File: 1 -4407
lwtOrlI t9... a "... Pro" (iI•LY' .Rate'
Alnrfi, f'`o.r.lin� C.+r.e..el4m Gnh�nnampni prnn — 40-r.7 hAgil Q0111^A i"nnfnr Plloinh AIP' 77R00_4Qr.7 10'10_71r-nA7R I....nu —&ea —f

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): December 14, 2009
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Ms. Erica McLamb, N.C. Department of Transportation, 1598 Mail Service
Center, Raleigh, NC 27699 -1598
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW - 2009 -01941
(NCDOT/ 1- 4407 /Improvements to US 220 (Future 173/74) from S of NC
134 -US 220 bus. to N of Park Drive Extension, Asheboro /Randolph
County /Div. 8)
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE
WATERBODIES AT DIFFERENT SITES)
State: NC County /parish /borough: Randolph City: Asheboro
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.8822 °N, Long. - 79.82050. W. Universal Transverse Mercator:
Name of nearest waterbody: UT's to Big Branch and Cedar Fork Creek
Identify (estimate) amount of waters in the review area:
Non - wetland waters: 223 linear feet, width (ft) and/or acres.
Cowardin Class: Riverine
Stream Flow: Perennial
Wetlands: 0 acres.
Cowardin Class:
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non - Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): December 10, 2009

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre- construction notification" (PCN), or requests verification for a non - reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather-than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is.
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C,F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the ❑ronosed activity, based on the following information:
2

SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and, -where checked and
requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: NC DOT.
® Data sheets prepared /submitted by or on behalf of the
6pplicant/consultant.
❑ Office concurs with data sheets /delineation report.
❑ Office does not concur with data sheets /delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S, Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Asheboro and
Seagrove NC Quads 24000:1
® USDA Natural Resources Conservation Service Soil Survey.
Citation: Randolph County, 2009 htt :I /websoilsurve' .nres.usda. ovla /.
❑ National wetlands inventory map(s). Cite name:
❑ State /Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of
1929)
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date): .
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not
x ture�a a o - -- Signature and date of
iuiatory oject anger person requesting preliminary JD
QUIRED) (REQUIRED, unless obtaining
�__. the signature is impracticable)

* ONLY SITES THAT ARE PROPOSED TO BE IMPACTED ARE LISTED ON
THIS TABLE. PLAN SHEETS ILLUSTRATE MOST WOUS WITHIN THE
PROJECT AREA.
4
Estimated
Site
Cowardin
amount of
Class of
number`
Latitude
Longitude
Class
aquatic
aquatic
resource in
resource
review area
Non Section
Site1
35.62278
- 79.8266
Riverine
.153
10- UT1 to Big
Branch Creek
Non Section
Site 1
35.62278
- 79.8266
Riverine
29
10- UT2 to Big
Branch Creek
Non Section
Site 2
35.62278
- 79.8266
Riverine
350
10- UT2 to
Cedar Fork
Creek
* ONLY SITES THAT ARE PROPOSED TO BE IMPACTED ARE LISTED ON
THIS TABLE. PLAN SHEETS ILLUSTRATE MOST WOUS WITHIN THE
PROJECT AREA.
4