20130966 Ver 1_USACE Correspondence_20131017

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
SAW-2013-01745 AsheNC-BALDWIN GAP
Action Id. County: U.S.G.S. Quad:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
NC DOT DIV 11
Permittee:
Heath Slaughter
801 Statesville Rd.
Address:
North Wilkesboro, NC 28659
336-903-9202
Telephone Number:
2 acres
Size (acres) Nearest Town
North Fork New RiverUpper New. North Carolina, Virginia.
Nearest WaterwayRiver Basin
505000136.4354
USGS HUCCoordinatesLatitude:
-81.6309
Longitude:
he project site is located on an approximate 0.33 mile length of SR 1387 (Dr. Robinson Road),
Location description: T
immediately north of the SR 1387, NC88 intersection in Ashe County, North Carolina.
This authorization is for temporary and permanent impacts to jurisdictional streams
Description of projects area and activity:
associated with the replacement of three (3) existing road crossings as follows: Crossing #1 (Sta 5+89): Stream 1-58 linear feet
of total impacts. Permanent impacts are associated with the replacement of a 32 foot pipe with a 40 foot pipe and 10 linear feet
of rip rap for bank stabilization/dissipation. 40 linear feetof temporary impacts are for dewatering. Crossing #2 (Sta. 6+77):
Stream 2-59 linear feet of total impacts. Permanent impacts are associated with the replacement of a 31 foot pipe with a 40
foot pipe and 10 linear feet of rip rap for bank stabilization/dissipation. 40 linear feet of temporary impacts are for
dewatering. Crossing #3 (Sta. 14+57): Stream 3-59 linear feet of total impacts. Permanent impacts are associated with the
replacement of a 31 foot pipe with a 40 foot pipe and 10 linear feet of riprap for bank stabilization/dissipation. 40 linear feet of
temporary impacts are for dewatering.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
NWP 14 Linear Transportation
Authorization:Regional General Permit Numberor Nationwide Permit Number:
Projects.
S
EE ATTACHED RGP or NWP GENERAL, REGIONALAND 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 received on September 9, 2013, including additional
information provided on September 12, 2013.Any violation of the attached conditions or deviation from yoursubmittedplans
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 providedthe
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 Section404 (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 in Morehead City, NC, at [phone].
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
Andrew Williamsat919-554-4884 x26or [e-mail]
program, please contact .
Special Condition #1: Recommendations numbered 1-7, 9, 11 in the attached letter from the North
Carolina Wildlife Resource Commission dated October 10, 2013 are hereby incorporated as special
conditions of this permit verification.
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10/17/2013
Corps Regulatory Official: ___________________________Date:

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Expiration Date of Verification
03/18/2017
:
Determination of Jurisdiction:
A.
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 33CFR 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,
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
SAW-
jurisdictional determination issued. Action ID:.
Basis For Determination:
The three (3) streamsarerelatively permanent waters(RPWs) and areunnamed
tributariesto the North Fork of the New River, atraditionally navigable water (TNW), in the lower reaches. The North Fork
of the New River is a tributary to the New River, a TNWand a navigable water of the United States, in lower reaches.The
Ordinary High Water Mark (OHWM) of the unnamed tributarieswereindicated by the following physical characteristics:
clear natural line impressed on the bankandshelving, as indicated by the applicant.
This jurisdictional determination is only for the streamsproposed for impacts associated with theseNationwide Permit
verificationsand does not include any other waters/wetlands that may be located on the project site.
Remarks:
None
E.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.Appeals Information
(This information applies only to approved jurisdictional determinations as indicated in B
and Cabove).
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
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 DivisionOffice within 60 days of the date of the NAP. Should you
12/16/2013.
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 DivisionOffice if you do not object to the determination in this correspondence.**
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Corps Regulatory Official: ______________________________________________________
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Andrew Williams
10/17/2013
Dateof JD:
October 17, 2018
Expiration Dateof JD:
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
http://per2.nwp.usace.army.mil/survey.html.
please complete ourcustomer Satisfaction Survey online at
Copy furnished(via email):
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107

Action ID Number:SAW-2013-01745County:Ashe
Permittee: NC DOT DIV 11
Heath Slaughter
Project Name:NCDOT/SR1387/11C.005127/Division11
Date Verification Issued: 10/17/2013
Project Manager: Andrew Williams
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: Andrew Williams
3331 Heritiage TradeDrive, Suite 105
Wake Forest, North Carolina 27587
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 PermitteeDate

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
SAW-2013-01745
Applicant: File Number: Date:
NC DOT DIV 1110/17/2013
Heath Slaughter
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)A
PROFFERED PERMIT (Standard Permit or Letter of permission)B
PERMIT DENIALC
APPROVED JURISDICTIONAL DETERMINATIOND
PRELIMINARY JURISDICTIONAL DETERMINATIONE
SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/regor
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permitto address some of your
objections, or (c) not modify the permithaving determined that the permit should be issued as previously written.After
evaluating your objections, the district engineer will send you a proffered permitfor your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) becauseof certain terms and conditions therein,
youmay appeal the declined permitunder the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: Youmay appeal the denial of a permitunder the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION:You may accept or appeal the approved JD or provide new
information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, youmay appeal the approved JD under the Corps of Engineers
Administrative Appeal Processby completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is neededto
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OFCONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact:also contact:
District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer
Andrew Williams
CESAD-PDO
3331 Heritiage Trade Drive, Suite 105
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, North Carolina 27587
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course ofthe appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:Telephone number:
________________________________________
Signature of appellant or agent.
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]