20130649 Ver 2_USACE Permit_20140516

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
SAW-2013-02202 BeaufortNC-HACKNEY
Action Id. County: U.S.G.S. Quad:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
NC Department of Transportation
Permittee:
Richard Hancock
1598 Mail Service Center
Address:
Raleigh, NC, 27699-1598
Telephone Number:
8.5acresChocowinity
Size (acres) Nearest Town
Chapel BranchPamlico. North Carolina.
Nearest WaterwayRiver Basin
302010435.4912670451807
USGS HUCCoordinatesLatitude:
-77.1061329411386
Longitude:
Facility located on US 17 North,south of Chocowinity, Beaufort County, NC
Location description:
REVISED:
Description of projects area and activity: Construct a new rest area on an 8.5 acres parcel adjacent to US 17, near
296linear feet of permanent intermittent stream impacts
Chocowinity, NC. , 60 linear feet of temporary stream impacts and 0.00
acres of wetland impacts are authorized by this verification.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
NWP 23 Approved Categorical
Authorization:Regional General Permit Numberor Nationwide Permit Number:
Exclusions.
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
. Any violation of the attached
conditions and your submitted application and attached information dated06/19/2013
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 allrequirements 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 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 (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
Thomas Steffensat910-251-4615or [e-mail].
program, please contact
STEFFENS.THOMAS.ANCRUM.1284706273
11/13/2013
Corps Regulatory Official: ___________________________Date:
Expiration Date of Verification
03/18/2017
:
2014.05.15 13:43:36 -04'00'

Determination of Jurisdiction:
A.
Based on preliminary information, there appear to be waters of the US including wetlands within the above describedproject
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.
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:
This waterbody exhibits an Ordinary High Water Mark as indicated by changes in soil
character and absence of terrestrial vegetation and is hydrologically connected to Maple Branch, a tributary of the pamlico

River, a TNW.
Remarks:
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, youshould 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. Enclosedyou 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
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.**
STEFFENS.THOMAS.ANCRUM.1284706273
Corps Regulatory Official: ______________________________________________________
Thomas Steffens
2014.05.15 13:43:18 -04'00'
11/13/2013
Dateof JD:
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,
please complete ourcustomer Satisfaction Survey online athttp://per2.nwp.usace.army.mil/survey.html.

SAW-2013-02202
SPECIAL CONDITIONS
Revised 05-15-2014
1. CONSTRUCTION PLANS:
All work authorized by this permit must be performed in strict compliance
revisedplans received May 7, 2014,
with thewhich are a part of this permit. Any modification to these plans
must be approved by the US Army Corps of Engineers (USACE) prior to implementation.
2.UNAUTHORIZED DREDGE OR FILL:
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. This permit does not
authorize temporaryplacement or double handling of excavated or fill material within waters or wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project.
3. MAINTAIN CIRCULATION AND FLOW OF WATERS:
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 waters or wetlands or to reduce the reach of waters or wetlands.
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 shall be
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
will be brought to the attention of the Corps of Engineers, Tom Steffens, Washington Regulatory Field Office
prior to any active construction in waters or wetlands.
5. PRECONSTRUCTION MEETING:
The Permittee shall schedule an onsite preconstruction meeting
between its representatives, the contractor’s representatives and the appropriate Corps of Engineers Project
Manager prior to undertaking any work within jurisdictional waters and wetlands toensure that there is a
mutual understanding of all terms and conditions contained within the Department of the Army permit. The
Permittee shall notify the Corps of Engineers Project Manager a minimum of thirty (30) days in advance of the
scheduled meeting in order to provide that individual with ample opportunity to schedule and participate in the
required meeting.
6. SILT-FENCING:
The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentationor 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 all 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).
7.REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND HARBORS ACT:
Violation of these conditions or violation of Section 404 of the Clean Water Act of Section 10 of the Rivers and
Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24
hours of the permitee’s discovery of the violation.

8COMPLIANCE INSPECTION:
.A representative of the Corps of Engineers will periodically and randomly
inspect the work for compliance with these conditions. Deviations from these procedures may result in an
administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction
of the Corps.
9.PERMITTEE-RESPONSIBLE MITIGATION:
The Permittee shall fully implement the compensatory mitigation plan, entitled “US 17 Rest Area Onsite Stream
and Buffer Mitigation Plan”, and dated June 19, 2013. Activities prescribed by this plan shall be initiated prior
to, or concurrently with, commencement of any construction activities within jurisdictional areas authorized by
this permit.
The mitigation project proposes to restore 815 linear feet of intermittent stream by removing the \[stream\]
degrading factors on the site and preserve an additional 623 feet of intermittent stream downstream from the
project as onsite mitigation for impacts associated with the project. In review of the mitigation plan, the Corps
finds removing the stream degrading factors without modifying the channel profile and dimension to be
enhancement rather than restoration. As such, the proposed work is inappropriate asstream restoration and
finds stream enhancement a better description of the proposed mitigation project.
To compensate for an additional 27 linear feet of unavoidable impacts to original 269 linear feet of
intermittent stream impacts associated with this project, the permittee shall enhance 444 linear feet of
intermittent stream (1.5:1 ratio)as reflected in the modification request of May 7, 2014.
The remaining
371 linear feet of intermittent stream enhancement and 623 linear feet of intermittent streampreservation as
mitigation assets may be available, subject to Corps and agency approval. The permittee will, in accordance
with the plan, adhere tothe following conditions:
1) The permittee,NCDOT, is the party responsible for the implementation, performance and long term
management of the compensatory mitigation project.
2) Any changes or modifications to your mitigation plan shall be approved by the Corps.
3) The permittee shall maintain the entire mitigation site in its natural condition, as altered by the work
in the mitigation plan, in perpetuity. Prohibited activities within the mitigation site specifically include, but are
not limited to: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways,
buildings, signs, or any other structure; any activity that may alter the drainage patterns on theproperty; the
destruction, cutting, removal, mowing, or other alteration of vegetation on the property; disposal or storage of
any garbage, trash, debris or other waste material; graze or water animals, or use for any agricultural or
horticultural purpose; or any other activity which would result in the property being adversely impacted or
destroyed, except as specifically authorized by this permit.
4) In accordance with the mitigation plan, the permittee will identify the proposed preservation
mechanism to be used to maintain the entire mitigation site in perpetuity, subject to the approval of the
Wilmington District. The District considers preservation of property for compensatory mitigation purposes to
consist of maintaining the property in its natural condition, or, if restoration, creation, or enhancement work has
been performed on the property, in its mitigated condition. The permittee shall not sell or otherwise convey any
interest in the mitigation property used to satisfy the mitigation requirements for this permit to any third party,
without prior written approval from the Wilmington District Corps of Engineers.

5) All mitigation areas shall be monitored for a minimum of 3years or until deemed successful by the
Corps in accordance with the monitoring requirements included in the mitigation plan.
:
6) REMEDIAL MITIGATION PLANIf the compensatory mitigation fails to meet the performance
standards 3years after completion of the compensatory mitigation objectives, the compensatory mitigation will
be deemed unsuccessful. Within 60 days of notification by the Corps that the compensatory mitigation is
unsuccessful, the Permittee shall submit to the Corps an alternate compensatory mitigation proposal to fully
offset the functional loss that occurred as a result of the project. The alternate compensatory mitigation
proposal may be required to include additional mitigation to compensate for the temporal loss of wetland
function associated with the unsuccessful compensatory mitigation activities. The Corps reserves the right to
fully evaluate, amend, and approve or reject the alternate compensatory mitigation proposal. Within 120 days
of Corps approval, the Permittee will complete the alternate compensatory mitigation proposal.
10. INSTALLATION OF CULVERTS:
For construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms. For all culvert construction
activities, the dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be
modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts will be buried
at least one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48
inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth equal to or greater
than 20 percent of the diameter of the culvert.
STEFFENS.THOMAS.ANCRUM.1284706
273
2014.05.15 13:43:02 -04'00'

Action ID Number:SAW-2013-02202County:Beaufort
Permittee: NC Department of Transportation
Richard Hancock
Project Name:NCDOT_K-3800_SR 1150_US 17_RestStop_UT to Maple Branch
Date Verification Issued: 11/13/2013
STEFFENS.THOMAS.ANCRUM.1284706273
2014.05.15 13:42:31 -04'00'
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. 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