20051608 Ver 2_USACE Permit_20060505

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200610796 County: Craven USGS Quad: New Bern
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GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: North Carolina Department of Transportation
Address: attn: Gregory Thorpe
1548 Mail Service Center
Raleigh, NC 27699-1548
Telephone Nn.: 919-733-3141
Size and location of property (water body, road name/number, town, etc.): The Alfred Cunningham
Bridge (bridge no. 60, US Highway 70 Business), over the Trent River in New-Bern, Craven
County, North Carolina. TIP # B-2532.
Description of projects area and activity: Replace the existing bride (1,763 feet long and 36 feet wide)
with a new bridge structure (1,763 feet long and 36 feet wide) at the same location. Off-site detours
will be utilized during construction. Permanent impacts to jurisdictional areas resulting from the
proposed project will be limited to the construction of support bents in the Trent River bed.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
~ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 23
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, 'you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. 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 new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under any NWP.
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 .
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 William Wescott at 252-975-1616 extension 31.
Co s Re ulato Official ~ ~C~Q-~'~/ ~ ~ ~'U~S ~ Date: 05/04/2006
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Expiration Date of Verification: 03/18/2007 ~Q~
Page 1 of 8 ~~'f/~'

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~~' _ ~ 4~ 4°~ ~'` Determination of Jurisdiction:
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'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
';°
`J' Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. ®There are Navigable Waters of the United States within the above described proj ect 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 maybe 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
Basis of Jurisdictional Determination: The project is located at the confluence of the Trent River and the
Neuse River both of which are Section 10 waters.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
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 fmd 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 South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
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
7/3/2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
~~ ~~,s
Corps Regulatory Official: Q~+-~,~YV
Date 05/04/2006
Copy Furnished:
NCDOT, Division 2 Environmental Specialist
NCDWQ, John Hennessy, Wetlands/401 Unit
Page 2 of 8

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Action ID Number:200610796 County:Craven
Permittee: NCDOT
Date Permit Issued: 5/4/2006
Project Manager: William Wescott
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
WASHINGTON REGULATORY FIELD OFFICE
Post Office Box 1000
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 Permittee
Date
Page 3 of 8

' JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200610796
PROJECT LOCATION INFORMATION:
State: NC
County: Craven
Center coordinates of site (latitude/longitude): 35.1016 N 77.0373 W
Approximate size of area (parcel) reviewed, including uplands: 15.85 acres.
Name of nearest waterway: Trent River
Name of watershed: Neuse River Basin '
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ^ Date: 5/4/2006
Site visit(s) a Date(s):
Jurisdictional Determination (JD):
Preliminary JD -Based on available information, ^ there appear to be (or) ^ there appear to be no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
the reviewed area. Approximate size of jurisdictional area: 8.76 acres.
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
reviewed area. Approximate size of jurisdictional area:
There are "isolated, non-navigable, infra-state waters or wetlands" within the reviewed area.
^ Decision supported by S WANCC/Migratory Bird Rule Information Sheet for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
® The presence of waters that are subject'to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or maybe susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
Q' (1) The presence of waters, which are currently used, or were used in the past, or maybe susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
(2) The presence of interstate waters including interstate wetlands.
^ (3) 'The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^ (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4) Impoundments of waters otherwise defined as waters of the US.
^', (5) The presence of a tributary to a water identified in (1) - (4) above.
^; (6) The presence of territorial seas.
(7) The presence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional
water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable
waters. IfB(I) or B(3) is used as the Basis of Ja~risdiction, document navigability and/or interstate commerce connection
(i. e., discuss site conditions, including tivhy the waterbody is navigable and/or how the destruction of the waterbody could
affect interstate or foreign commerce). IfB(2, 4, 5 or 6) is a~sed as the Basis of Jurisdiction, document the rationale used to
make the determination. IfB(7) is used as the Basis ofJa~risdiction, doca~ment the rationale used to make adjacency
determination: The project is located at the confluence of the Trent River and the Neuse River both of which are Section 10
waters.
Page 5 of 8

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Applicant: NCDOT File Number: 200610796 Date: 5/4/2006
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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II~CISI~?Il. r~~C~It10ll~1~ ]11IOr111a(I1117 [lla~ f~C IOU1l~I a1 hllh:'!~~\~~~~.ll~ lC~.al'lTll_.[Ill~,~lll~l IU1~C(~(1Il~-C« CC'CRl)'I'l'f? l1C
C~~~r~~.ti rr<~ulatiuns at ~_~ C'l~ll Part X31 .
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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.
Page 7 of 8

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PLEASE COMPLETE THE FOLLOWING QUESTIONS BY GIVING US
ANY COMMENTS OR SUGGESTIONS FOR HOW WE CAN IMPROVE.
Please indicate the nature of your business ~f annlicable check more than onel:
-Property Developer
_ Public Agency Applicant
_ Civic or Trade Organization
Member of Legislature
_ FederaUState/Local Official
Conservation Organization
_ Other (describe):
_ Flood/Water Control District
_ Consultant
- Farming/Ranching
Public Agency
_ Personal/Private Project
_ Adjacent Property Owner
Sand & Gravel
Law Office
Silviculture
Mining
_ Media
Native American
What service(s) did you seek from the Corpse (Ifapplicable check more than onel:
_ General Information _ Jurisdictional/Wetland Determination
-Pre-application Consultation _ Resolution of Violation/Non-compliance
_ Nationwide General Permit _ Regulatory Program Presentation
_ Regional or Programmatic General Permit _ Commented on Public Notice/Permit Application
_ Standard Individual Pennit _ Other (describe):
Letter of Permission
Which Regulatory office (Division, Asheville, Raleigh, Washington, Wilmington) did you deal with?
Name of person you contacted in our office (optional):
Do you have any comments or suggestions on the Regulatory Program?
Information about you (optional):
Name/Title:
Address
Telephone (include area code):
May we contact you? Yes _ No
PRIVACY ACT STATEMENT
Authorities: The Government Performance and Results Act of 1993 and Executive Order (EO) 12862, "Setting Customer
Service Standards", dated September 11,1993. Purpose: To determine the quality of service our customers expect, as well as
their satisfaction with USACE's existing services. Information provided on this form will be used in evaluating the performance
of the Corps Regulatory Program. Routine Uses: This information maybe shared with the Office of Management and Budget,
members of Congress, and other Federal, state, and local government agencies.
PLEASE MAIL COMPLETED FORM TO: USAED, WILMINGTON, REGULATORY DIVISION, ATTN: LISA MORRIS,
POST OFFICE BOX 1890, WILMINGTON, NC 28402-1890.
(Reverse of SAW Form 673)