20140340 Ver 1_Corps of Engineer Correspondence_20140407

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2014 -00549 County: Dare U.S.G.S. Quad: NC -PEA ISLAND OE W
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Century Link
Craig Clark
Address: 1875 North 20th Street
Morehead Citv, , 28557
Telephone Number: (252) 247 -2000
Size (acres) 5.509 acres Nearest Town Rodanthe
Nearest WateiNvav_ Atlantic Ocean River Basin Pamlico Sound. North Carolina.
USGS HUC 3020105 Coordinates Latitude: 35.671989
Longitude: - 75.480301
Location description: Project is located on the west side of NC 12 in wetlands adjacent to Pamilco Sound,
approximately 7 miles north of Rodanthe in Dare Countv, North Carolina.
Description of projects area and activity: Applicant proposes to relocate an existing utility line within an
existing utility line on the west side of NC Highway 12 adiacent to Pamlico Sound near Rodanthe in Dare
Countv, North Carolina.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
X Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Natiomvide Permit Number: NWP 12 Utilitv Line
Activities.
SEE ATTACHED RGP 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 04/02/2014. 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 natiomvide 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 natiomvide permit. If the natiomvide 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 natiomvide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the natiomvide 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 919 - 807 -6300) to determine Section
401 requirements.
For activities occurring within the riventy 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
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 Tracev Wheeler at 910- 251 -4627 or Tracev .L.Wheeler'd.usace.armv.mil.
WHEELER.TRACEY.L.12 DNic USi�.-U.S. eEE Ee�� "A�000'o7'a;K,'az
Corps Regulatory Offncial: 71895182 D.1.2 ""3`4".180400 2".9'.2 Date: 04/04/2014
Dare: ,,c. -W HE,E :ER.TRA a o0
Expiration Date of Verification: 03/18/2017

Determination of Jurisdiction:
A. Based on preliminary informations. 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 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. X 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 jurisdictional determination issued . Action ID: SAW-
Basis For Determination: Based on a site visit conducted on March 11, 2014, the proiect area exhibits
wetland criteria as described in the 1987 Wetland Delineation Manual and the Atlantic and Gulf Coast
Regional Supplement to the Manual and is hydrologically connected to Pamlico Sound. This JD was signed as
part of the NC 12 Long Term Improvement Proiect on October 18, 2012.
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 Conseivation Seivice, 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 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 Forsvth Street SW, Room 1OM15
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
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Tracey Wheeler
Date of JD:
Expiration Date of JD:
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ensure we continue to do so, please complete our customer Satisfaction Survey online at
httl)://re(,,ul,itoi-N-.usacesuiA-eN-.com/.

SAW- 2014 -00549
SPECIAL CONDITIONS
Historic properties and Section 7 review were conducted as part of the NCDOT NC 12
Long Term Improvements project. Both reviews resulted in a No Effect Determination.
Special Conditions:
1) All work must be confined to the existing utility line right of way as shown on the
plats submitted with the permit application.
2) Any changes from the proposed project plan will require modification of this permit.

Action ID Number: SAW- 2014 -00549 County: Dare
Permittee: Century Link
Craig Clark
Project Name: Century Link CommunicationsB 2500 Phase IIA Utility Line
Relocation
Date Verification Issued: 04/04/2014
Project Manager: Tracey Wheeler
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: Tracey Wheeler
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