20140039 Ver 1_USACE Permit_20140217

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2014 -00207 County: Wilkes U.S.G.S. Quad: NC -RONDA
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pennittee: NC DOT DIV 11
Heath Slaughter
Address: 801 Statesville Rd.
North Wilkesboro, NC, 28659
Telephone Number: (336) 903 -9202
Size (acres) <1 Nearest Town Roaring River
Nearest Waterway Brier Creek River Basin Upper Yadkin. Virginia, North Carolina.
USGS HUC 3040101 Coordinates Latitude: 36.193
Longitude: - 80.9985
Location description: The site is located along SR 2324 (Red White and Blue Road) over Briar Creek at NCDOT Bridge #193
in Wilkes Countv. North Carolina. The site is annroximatelv 500 feet north of the Red White and Blue Road. Ruth Linnev
Road intersection.
Description of projects area and activity: This authorization is for the permanent and temporary discharge of clean fill material
associated with an existing bridge replacement proiect. Permanent impacts include the placement of rip rap within 34 linear
feet of stream channel for bank stabilization. Temporary impacts are within 20 linear feet of jurisdictional stream and are
associated with dewatering activities.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pen-nit Number or Nationwide Pennit Number: NWP 13 Bank Stabilization.
SEE ATTACHED R 6 or NWP GENERAL, REGIONAL 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 January 8, 2014. 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 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 pennit 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 pennit. 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 pennit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide pennit, 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 detennine 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 Morehead City, NC, at (252) 808 -2808.
This Department of the Anny verification does not relieve the pennittee 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 Pennit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at 919 - 554 -4884 x26 or Andrew .E.Williams2(c /,usace.army.mil.

Special Condition:
1. Recommendations numbered 1 -8, 10, 12 in the attached letter from the North Carolina Wildlife Resource
Commission dated February 3, 2014 are hereby incorporated as special conditions of this permit verification.
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Corps Regulatory Official. Ebif,13125/13129126 29 47116(11 Date. 02/18/2014
Expiration Data 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 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the perinit 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 pen-nit 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
jurisdictional determination issued . Action ID: SAW -
Basis For Determination: The stream, Brier Creek, is relatively permanent water (RPW) and is a tributary to
the Yadkin River, a traditionally navigable water (TNW). The Yadkin River is a tributary to the Pee Dee River, a navigable
water of the United States. The Ordinary High Water Mark (OHWM) of the unnamed tributary was indicated by the
following physical characteristics: natural line impressed on the bank, shelving, absence of vegetation, scour, and bed and
banks.
This jurisdictional determination is only for the stream proposed for impacts associated with this Nationwide Permit
verification and does not include any other waters /wetlands that may be located on the project site.
Remarks: None
E. Attention USDA Program Participants
This de line ation/deterinination 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 C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
detennination, 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 forin 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 detennine 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 fonn, it must be received at the above address by April 18, 2014.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the detennination in this correspondence. **
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Corps Regulatory Official: EbJ ;!3125/13/29!26;2:;13!.16(11(
Andrew Williams
Date of JD: 02/18/2014
Expiration Date of JD: February 18, 2019
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 online at http : / /regulatoiy.usacesurvey.com /.
Copy furnished:
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Resources
585 Waughtown Street
Winston - Salem, NC 27107
Dave Wanucha
North Carolina Department of Natural Resources
Division of Water Resources
585 Waughtown Street
Winston - Salem, NC 27107

Action ID Number: SAW- 2014 -00207 County: Wilkes
Permittee: NC DOT DIV 11
Heath Slaughter
Project Name: NCDOT /SR2324 /Brid2e193 /Divisionll
Date Verification Issued: 02/18/2014
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 Trade Drive, 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. 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

Applicant: NC DOT DIV 11 File Number: SAW - 2014 -00207 Date: 02/18/2014
Heath Slaughter
Attached is: I See Section below
"I
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
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APPROVED JURISDICTIONAL DETERMINATION
D
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PRELIMINARY JURISDICTIONAL DETERMINATION
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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 permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for 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) because of certain terms and conditions therein,
you may appeal the declined permit under 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: You may appeal the denial of a permit under 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, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by 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.
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 needed to
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.
If you have questions regarding this decision and /or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division, Attn:
Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD -PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
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 of the 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: I Telephone number:
of appellant or
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 1OM15, Atlanta, Georgia 30303 -8801
Phone: [phone]

IQ North Carolina Wildlife Resources Commission �
Gordon Myers, Executive Director
TO: Andrew Williams, Regulatory Project Manager
Raleigh Regulatory Field Office, USACE
FROM: Marla Chambers, Western NCDOT Coordinator�`'�����
Habitat Conservation Program, NCWRC
DATE: February 3, 2014
SUBJECT: Review of NCDOT's application for a Section 404 permit to replace Bridge No.
193 over Brier Creek on SR 2324 (Red White and Blue Road), Wilkes County,
North Carolina.
The North Carolina Department of Transportation ( NCDOT) has submitted an application to
obtain a Section 404 Permit from the U.S. Army Corps of Engineers ( USACE). Staff biologists
with the North Carolina Wildlife Resources Commission ( NCWRC) have reviewed the
information provided. These comments are provided in accordance with the provisions of the
state and federal Environmental Policy Acts (G.S. 113A- lthrough 113 -10; 1 NCAC 25 and 42
U.S.C. 4332(2)(c), respectively), the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 - 6674), as
applicable.
The NCDOT proposes to replace Bridge No. 193 over Brier Creek on SR 2324 (Red White and
Blue Road) with another bridge structure on slightly different alignment. Permanent impacts
total 34 linear feet (If) for bank armoring and temporary impacts consist of 201f for dewatering.
Brier Creek (Class C) is not expected to support trout; therefore, we are not requesting a trout
moratorium. Brier Creek flows into the Yadkin River just downstream, where the Brook Floater
(Alasmidonta varicosa), a Federal Species of Concern and State - listed Endangered mussel
species, occurs. To protect the sensitive resources downstream, we request that NCDOT and
their contractors take extra care to prevent offsite sedimentation.
NCWRC can concur with the issuance of the Section 404 permit provided that the following
conditions are implemented:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh NC 27699 -1721
Telephone: [phone] • Fax: [phone]

Bridge No. 193, SR 2324 (Red White and Blue Rd.)
Brier Creek, Wilkes County 2 February 3, 2014
1. Stringent sedimentation and erosion control measures must be implemented and
maintained on the project site until project completion to avoid impacts to downstream
aquatic resources.
2. Herbaceous vegetation shall be planted on all bare soil as soon as possible following the
completion of permanent or temporary ground disturbing activities to provide appropriate
long -term erosion control.
3. Tall fescue and straw mulch shall not be used in riparian areas. We encourage NCDOT
to utilize onsite vegetation and materials for bank stabilization when practicable. Erosion
control matting shall be used on steep slopes and for establishing permanent vegetation in
riparian areas. The matting shall be well anchored with staples or wooden stakes and,
whenever possible, include live stakes of native trees. Matting in riparian areas should
not contain plastic mesh, which can entangle and trap small animals.
4. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into the waterway.
5. The natural dimension, pattern, and profile of the waterway above and below the crossing
should not be modified by widening the channel or changing the depth of the waterway.
6. Removal of vegetation in riparian areas should be minimized. Native trees and shrubs
should be planted along the banks, as appropriate to the setting, to reestablish the riparian
zone and to provide long -term erosion control.
7. Grading and backfilling should be minimized, and tree and shrub growth should be
retained if possible to ensure long term availability of shoreline cover for fish and
wildlife.
8. Where practicable, riprap placed for bank stabilization should be limited to the banks
below the high water mark, and vegetation should be used for stabilization above the high
water elevation.
9. If concrete will be used during construction, work must be accomplished so that wet
(uncured) concrete does not contact surface waters. This will lessen the chance of
altering the water chemistry and causing a fish kill.
10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is prohibited.
11. Heavy equipment should be operated from the bank rather than in the channel whenever
possible in order to minimize sedimentation and reduce the likelihood of introducing
other pollutants into the waterway. All mechanized equipment operated near surface
waters should be inspected and maintained regularly to prevent contamination of surface
waters from fuels, lubricants, hydraulic fluids or other toxic materials.

Bridge No. 193, SR 2324 (Red White and Blue Rd.)
Brier Creek, Wilkes County
February 3, 2014
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at (704) 982 -9181.
cc: Heath Slaughter, NCDOT
Amy Chapman, NCDWR