20140723 Ver 1_USACE Permit_20140828

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-01560 County: Carteret U.S.G.S.Quad: NC-WILLISTON
GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION
Permittee: NC Department of Transportation
Richard Hancock
Address: 1598 Mail Service Center
Raleigh,NC,27699-1598
Telephone Number:
Size(acres) 6.5 acres Nearest Town Otway
Nearest Waterway North River River Basin Bogue-Core Sounds.North Carolina.
USGS HUC 3020106 Coordinates Latitude: 34.7891590864817
Longitude: -76.6097831196261
Location description: Bridge 33 on US 70 over the North River near Otway,Carteret County,North Carolina.
Description of projects area and activity: Replace structurally deficient and functionally obsolete 47-span 1028 ft bridge with a
15-span 1350 ft bridge on existing location utilizing an onsite detour.0.03 acres of permanent coastal wetland fill,0.04 acres of
hand clearing in coastal wetlands,0.58 acres of permanent surface water impacts and 0.56 acres of temporary surface water
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)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 23 Approved Categorical
Exclusions.
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 08/14/2014. 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 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 Resources(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(252) 808-2808.
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 Thomas Steffens at 910-251-4615 or Thomas.A.Steffensra usace.armv.mil.
Corps Regulatory Official: Date: 08/27/2014
Expiration Date of Verification: 03/18/2017
STEFFENS.THOMAS.ANCRU M.1284706273
2014.08.28 15:09:29 -04'00'

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 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
jurisdictional determination issued . Action ID: SAW-
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and is part of a broad continuum of wetlands abutting the North River.This area exhibits a High Tide Line as indicated by
physical markings on structures and is part of Bogue Banks and Core Sound,a traditionally navigable water.
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 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 forth 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 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 forth to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ST F F F F ICI S T H Ol M A S.A N C R U M.12847
Thomas Steffens
Date of JD: 08/27/2014 06273
Expiration Date of JD: 2014.08.28 15:09:04 -04'00'

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,located online at http://regulatory.usacesurvey.com/.
SAW-2014-01560
SPECIAL CONDITIONS
1.CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the attached plans
dated July 10,2014,which 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 temporary placement 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,Mr.Tom Steffens,Washington
Regulatory Field Office prior to any active construction in waters or wetlands.
5.PRECONSTRUCTION MEETING: The Permittee shall schedule an onsite preconstrnction 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 to ensure 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.WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent contamination
of waters and wetlands from fuels,lubricants,hydraulic fluids,or other toxic materials. In the event of a spill of petroleum products
or any other hazardous waste, the permittee shall immediately report it to the N.C.Division of Water resources at(919) 707-8787 or
[phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
7. ENFORCEMENT REPORTING ADDRESS: All reports, documentation and correspondence required by the conditions of this
permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Washington Regulatory
Field Office, c/o Mr. Tom Steffens, 2407 West 5th Street, Washington NC 27889 and by telephone at: 910-251-4615. The Permittee
shall reference the following permit number, SAW-2014-01457,on all submittals.
8. 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.
9.COMPLIANCE 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.
10.PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent live or fresh concrete,including bags of
uncured concrete, from coming into contact with any water in or entering into waters of the United States.Water inside coffer dams or

casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to
aquatic organisms(concrete is set and cured).
11.NAVIGATION/SECTION 10:This permit does not authorize the interference with any existing or proposed Federal project,
and the Permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused
from existing or future operations undertaken by the United States in the public interest.
a.No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the
authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of
the United States.Construction and use of a temporary work bridge shall provide a vertical navigation clearance equal to or higher
than currently provided by the existing bridge.
b.The Permittee must install and maintain,at its expense,any signal lights and signals prescribed by the U.S. Coast Guard,through
regulations or otherwise,on all authorized facilities constructed within navigable waters of the United States.
c.The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other
alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative,
said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be
required,upon due notice from the U.S.Army Corps of Engineers,to remove,relocate,or alter the structural work or obstructions
caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such
removal,relocation,or alteration.The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N
CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910-3282 at least two weeks prior to beginning work and upon
completion of work.
12.CLEAN FILL: Unless otherwise authorized by this permit,all fill material placed in waters or wetlands shall be generated from
an upland source and will be clean and free of any pollutants except in trace quantities. Metal products,organic materials(including
debris from land clearing activities),or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic
substance in concentrations governed by Section 307 of the Clean Water Act.
13.PERMIT DISTRIBUTION: 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. A copy of this permit,including all conditions, shall be
available at the project site during construction and maintenance of this project.
14.SILT-FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in
sedimentation or 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).
15.PERMIT REVOCATION: The permittee,upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will,without expense to the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct,restore the water or wetland to its pre-project condition.
16.EROSION CONTROL MEASURES IN 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.
17.ANADRAMOUS FISH: To avoid adverse impacts to spawning populations of fish species at this project site,no in-water work
will be conducted between February 15 and September 30 at North River and its associated perennial tributaries.For the purpose of
this moratorium,in water is defined as those waters within North River,and its associated perennial tributaries, and its adjacent
wetlands that during periods of inundation have an active connection to these tributaries.
18.MITIGATION: Compensatory mitigation for the unavoidable brackish marsh wetland impacts of 0.03 acres for project TIP No.
13-472213;the Cedar Point Mitigation Site will be debited 0.06 acres of brackish marsh wetland restoration(2:1 ratio).
19.TURBIDITY BARRIERS: Prior to the initiation of any of the work authorized by this permit the Permittee shall install floating
turbidity barriers with weighted skirts that extend to within 1 foot of the bottom around all work areas that are in,or adjacent to,
surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all
erodible materials have been stabilized.

20.EXCAVATION: All excavated materials will be confined landward of the mean high water(MHW)elevation contour and any
regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining structures to prevent spillover of solids
into any vegetated wetlands or surrounding waters.
21.MANATEE CONDITION: The Permittee shall comply with the"Standard Manatee Conditions for In-Water Work—July 2005"
provided as an Attachment of this permit.
22.CZMA: The Permittee shall fully abide by all conditions of the CAMA Major Development Permit assigned to this project when
issued by the North Carolina Division of Coastal Management,which are incorporated herein by reference.

Action ID Number: SAW-2014-01560 County: Carteret
Permittee: NC Department of Transportation
Richard Hancock
Project Name: NCDOT Bridle 33 B-4722B US 70 North River
Date verification Issued: 08/27/2014 STEFFENS.THOMAS.ANCRUM.1284706273
Project Manager: Thomas Steffens 2014.08.28 15:08:35 -04'00'
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. 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