Loading...
HomeMy WebLinkAbout20210923 Ver 2_Wentworth NW 3 Permit_20221006U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00831 County: Rockingham U.S.G.S. Quad: NC -Reidsville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pennittee: NCDOT Division 7 Attn: Wright Archer III, PE Address: PO Box 14996 Greensboro, NC 27415-4996 Size (acres) —18 Nearest Town Reidsville Nearest Waterway Wolf Island Creek River Basin Roanoke USGS HUC 03010103 Coordinates 36.37237,-79.685748 Location description: The project area is located at Bridte No. 239 on SR 1998 (Wentworth Street) over Wolf Island Creek in Reidsville, Rockinuham County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of clean fill material associated with removal of an existing bridue (Bridue 117 on SR 1780). The proiect includes permanent impacts to <0.01 acre (54 linear feet) of stream channel (bank stabilization) and temuorary impacts to 0.01 acre (65 linear feet) of stream channel. The proiect also reauires hand clearing in 0.01 acre of riparian non-riverine wetlands. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 3. Maintenance SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 6/23/2021, and the enclosed plans "Wetland and Surface Water Impacts Permit", Permit Drawing Sheets 1 throuuh 5. 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 and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 pennit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terns 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general pennit'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 919-807-6300) to determine 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. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/pennits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David E. Bailey at (919) 554-4884 X 30 or David.E.Bailev2nusace.armv.mil. Jp Date: 2021.07.28 15:08:29 -04'00' Corps Regulatory Official: ��° Date: 07/28/2021 Expiration Date of Verification: 03/18/2022 SAW-2019-00831 SPECIAL CONDITIONS 1. Historic Properties (MOA): The Permittee shall fully implement the Memorandum of Agreement between the Permittee, the North Carolina State Historic Preservation Officer and the U.S. Army Corps of Engineers, Wilmington District, dated October 2, 2019, which is incorporated herein by reference. 2. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological Opinion (PBO) titled, "NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8", dated November 6, 2020, contains agreed upon conservation measures for the NLEB. As noted in the PBO, applicability of these conservation measures varies depending on the location of the project. Your authorization under this Department of the Army permit is conditional upon your compliance with all applicable agreed upon conservation measures in the PBO, which are incorporated by reference in this permit. Failure to comply with the applicable these conservation measures would constitute non-compliance with your Department of the Army permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. 3. The USFWS's Programmatic Biological/Conference Opinion (PBO/PCO) titled "Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1- 8)," dated September 11, 2019, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the PBO/PCO. Your authorization under this Corps permit is conditional upon your compliance with all the mandatory terms and conditions associated with incidental take of the PBO/PCO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the PBO/PCO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non- compliance with your Corps permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO/PCO, and with the ESA. Date: 2021.07.28 -M- 15:08:08-04'00' Corps Regulatory Official: Expiration Date of Verification: 03/18/2022 Date: 07/28/2021 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 the Customer Satisfaction Survey located at htt rLa/Lrc_gulq1t:2LJ�QLrs�L tq 'inln�gl dust-O�ci s€,1_v_ic�,_suI- eLC Copy furnished: Jerry Parker, NCDOT, P.O. Box 14996, Greensboro, NC. 27415-4996 Ryan Conchilla, NCDEQ-DWR, 1617 Mail Service Center, Raleigh, NC 27699-1617 10.1.813.101 MIMI ,AMONG THE U.S. ARMY CORPS OF ENGINEERS, THE NORTH CAROLINA DEPARTMENT OF TRNNSISO RTATION, AND T] IE NORTH CAROLINA STATE FIIS'l I ORIC PRESERVATION OFFICER FOR REPLACEMENT OF'BRIDGE NUMBER 239 ON SR 1998 (WENTWORT H STREET OVER WOLF ISLAND CREEK ROCKINGHAM COUNTY, NORTH CAROLINA WTI S No. 1713P.7.R.140 PA No. 1-1-0025 AID# SAW-2,019-00831 WHEREAS, the (I.S. Army ps OfF,11,16racers 7'sl'\(J ") is considcsil l-1119 isl.111cc Ofa permit under Section 404 of ilic C.1can V7,mcr Act tar the Nortli ("'arobina Dcl-mrtincrit ofTransportation (N('-'1)0'1) for Replacement o f Bridge N unitm- 239 on SR 1998 (Went -woo au Strect) over Wol f lsla ild (seek, Rockingh,am (..'ounty, North, (:arofima (ttic t Indertaking,'); and WHEREAS, the has cletermilled dint the 1- I ndertaking will have anadversc effecr upoll Rockinghan'i (','(')umy Bridge Nuinber 239,a property determined cligible for listing In the Nntional Register of I fist(',)mcf)laccs (NR111") (historic property); ancl WHEREAS, the IJSACJ"��" ]US corlsulted with the North (",atc)lina State 1-11storic Preservation Officer (`ail 1)(J) pursuant to 36 CFR, llart 800, rcgulations iniplemcnang Section 106 of the National llistoric 1'reserv:ation Act (16 1).S.C. 47001- and WHEREAS, (-j")"%cll" I has sic:;atificd the /\dvisory ("'ouncil on 1--listotic Prescrvation (COLincl,l) of dic 'ah; andadvmc effects and the ("ouncihas dcclLned to coniment or patcntcconsutaton WHEREAS, N('I)(,)'"I'has parilcipatcd in the consultation and has been invited b), the sfill() lo'o lac as signatory to dill N4ernorandurn ofAgrect-nent (:Nl()A);aad NOW, THEREFORE, N(A)(")]"' arld the SI-11k), agree that any authorization Issued for J_' Lllg,.Il, iclude tJlC I'01,10\611g $tipLlklt'S't0 intoaccourit the effect of the the t-Isidet,IkI 'ffl It I I()Tl ,Ikillg oll thC hL." I , toric property. for \umber 239 Rc,)ckinghmn P911 STIPULATIONS The L)SACE" will require corripliance with the following rneasurcs by including a spccl.-.11 conditic'm ill any authorization that is issued tuw NC: DC)"I'for the U)iidertaking. I. Photo recordation Prior to the InItiatiori of construction, will record the existing condition of Bridge No. 239 and its surroundings in accordance with the attached I listoric Structures and I andscape 1iecordaticni Plan (Appendix A). (."OPICS Of the (.10CLITTIClitation will Ile deposited In the files of the State Historic prcservati()n Office, and the Historic Architecture Section. 11. Unanticip-med Discovery In accordance with 36 ("Flk 800.11 (a), if NCDOTidentifies additional CUltUral resotirCe(s) durflig Construction, all work will be halted withiii the Lin-InS Of the Mac: Urce(s) and the USACF' will be contacted. The USACF will initiate the apl-.noptiate, agency and/or Tribal coo')rdinati(',)n required f(..)i- a detern'Wilation of eligibility or recovery effort, If after consultation I)etwccri. the Signatories and concurritig parties, additional initigatioi-t is detcrtnined necessary, the N(A)OT, in consultation with dic Sigmatories and concurring p-arties, will dcvclopand irlipicnictit appropriate protection/mitigation nieaSUres for the resource(s). Inadvertent czar accidental. discovery of human remains will be handled in accordance with North ("arolina General Statutes 65 and 70. HL Amendments Should any of the Signatory Party(les) to this MOA 1"Ielieve that its terms cannot be carried out or that an aniendnient to the terrns must be tirade, that party(ies) shall, in-imcdiately consult with the other party(ics) tr.) de\,clop aniendinents in accordance with 36 CFIZ 800,6(c)(7), 'I'lils NJOA nay be arriended wheit such an amendment is agreed to in writing by all sigliatories. The amendment will be effecti%,e on the date a c( py, signed by all of the signatories, is filed with the ACFIR If an ainendnient cannot be agreed Up -On, the (hSJ)Ute resolution process set forth in StipUlation 1\1 will be followed. IV. Dispute Resolution Should any of the parties to this MOA object within (30) days to any plans, or dOCUIT-lentation pruvided for reN�I-C%V pUtSUe'Int to this 1,\10A, the USM-1," shall Colisult with the ob)ccting party(tes) to resolve the objection. If the USACT" or the objecting party(ics) dercrinisies that the Objection cannot be resolved, the USACF, will f()r,,Nard all dOCUMC114,16011 rCICVallt tO the dispute to the Council. Within thirty (30) days after receipt of all pertinent documeritatUin, the Council will either: 1, I)rovide the L'SACE` with rcconiniendations, xvbich the Lf'SACIF, will take into accouilt, ill reaching as final decision regarding the dispute, or 1 Notif ' y the USACF, that it will C011-inlCilt pursuant to 36 CTR Section 800.7(c) and proceed to M COInent. �\I-INTC(..)LIllCil,C(-)I'YIIIIClltprovided in response to, such a request will be taken into account by the USACU, in accordance with 36 ("I'lk Scalon 800.7(c')(4) with reference t(") the Sub,lect of the dispute, MOA for Bridge Number 239 Rockinghmn C(.)untV P9, 2 Any recon-imendations or comments Provided by the COLITICA Will Ile'understood to pertain only to dic all of the dispute; the si�n, ) , atorics' respo nsibili ties tbat, are not the subject of thL d,I%PL,ItC 'Will r0-11.11i.11 unchanged. ,.I V. Termination Any of the Signaic)ry Party(ics)t(-,) this NIOA rnay terminate the agreernent by I)r(widing notice to the otber parties, provided that the signatories and concurring parties will c()nsult duting the period prior to tertnimajon to seek agreernent, on an-wndments or rather actiro that would aVOid tertninarion, 'rermination of this NIOA vvill, require conipliance with 36 CIFR 84lll. "This MOIN may be tertninated by the execution of a subsequent MOA fli-at explIcitly terminates, or supersedes its terms, VI. Duration (.1inless tertlairiated pLarsuant to Stipulation XII above, this MON will be in effect uritil thc LTSAC'E, in cotisultation with the other Signatory Parties, determines that all of its ternis have [caeca, fulfilled or if Ncmar is unable or decides not to construct the Undertaking F"xecution of this MOA by USACE, NCDOT, arld the North ('arolinn Sl"IPO, its subsocluent, filing with tile Council, and irnplernentation of its terms evidence that the I 1S,ACT'�" bas afforded tile Council an opportunity tra comment on the Undertaking, and that US,t\('E has taken into acccitint the effect of the Undertaking on tile, historic property. MOA f(,)r Briclge NLIIIIIXT239 Rockingham COUIlry pg3 AGREE: United States Army Corps of Engineers: FOR THE COMMANI�ER Scott McLendon Chief, Regulatory Division Wilmington District State Historic Preservation Officer: Zo Date r Date: Kevin herry, Ph. D. Deputy Secretary North Carolina Department of Natural and Cultural Resources North Carolina Department of Transportation; r�. Date: tPhilipS. Hai III, P.E., CPM Environmental Analysis Unit Head MO A for Bridge Number 239 Rockingham County pg. 4 MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, THE NORTH CAROLINA DEPARTMEiNT'OF'T;RANS�P'ORTATION, AND THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR OVER WOLF ISLAND CREEK ROCKINGHAM COUNTY, NORTH CAROLINA 1,"',XCCLAH0n, Ofthis N4(.)A by USACF',, NCD0'1-', and the Nordi its, subsequent filing with the (."ouncil, and i,niplementation of its terms evidence that the l,-'SAC1 ',1 has afforded the Clouncil ar, opporturnty to conitnent on the Undertakirig, and that USACE has taken into account the effect of the Undertaking on the historic property. Date: Advisory ("'ouncil on tfistoric Preservation MOA for Bridge Number 239 Roc�Mpbmn Count)` pg. APPENDIX A Histotic Structures and Landscaped c orcdation Plan For The Replacement of Bridge Number 239 on SR 1998 (Wentworth Street) over Wolf Island Creek Rocklihigham County, North Carolina Pl,],O'I'OGRAP� lilc'RIFQ(�IRENI"F,�N"I'S I$ F'Ilc°vatiotvs and obhquo: views of firldge Numbcr 239 and its setting, 61 Representative structuraland, ortiatnental details of the bridge. Photographic Format • (-,(.)]or digital ini.,,iges (al.] views). linages are to be shot on as SLA digital camera with as mininium resolution o)f 6 tnegabyte pixels, at as high quality (ptefcrably RAW), setting, to be saved in 'I'll, fortnat as the archival masters and labeled according to dic State Historic Preservation Office standards, • All pr(:,)cesstlig (o be done to archival standards. • 'I'he accompanying prilitcd inventory (­,f the images — includIng SUbjCCt, h-wation, date, and photographer information for catch image --- is to be completed according to the State Ulistonc Preservafion Office standar& Copies, and Curation (..)IAc (1) set of all:above I'l-lentioned P1,10tograpIlic docurnetitation, includ-inga cornpact disc of Labeled images, wall be deposited Avith theNoilliCarolina Office ofArcNvesand 111story/1-11storic Prcsen,ation Officc tobe made as perruanent j.-iart of the statewide su.nTey and iconographic coflection. One (1) contact sheet shall be deposited in the Files of the Historic Arcl-ii,tecturc ""'ection of NCDOT \10A f rr Bridpe Number 239 Rockingluim County lag, 6 0- Cb \ c co a� F L a rn r-) CV O 00 co 0) c- L 4- C (D c O L c w zo�ao�zo6 zorT 248 �=26 �81 993 , 30 7 a2720892 1985 2090 C288 2091 1 1 7 2089 7 g! `C 2�77 2�24 / C 2010 31 .20 1996 19866� 2006 2 2 2 7 1997 27 0 1998 1987 O� 34 /� 07 98 017 2111 1 7 2 0 1713P. R.140 PROJ C 3 LIMIT 200 0 ryd. 1 98 20 6/ 20 3 `\0\ 3 254 62 1' 711 2065 60 _ S8 20aM C ti 2413 .0 2003 c / ♦ m 38 2053 'S5 2003 04 6 2065 N 6 670 2413 268 .68 2687 2670 2471 .12 VICINITY MAP (NOT TO SCALE) OFF -SITE DETOUR STATE OF NORTH CAROLINA DIVISION OF HdG1NIWAY5 ROCI<INGHAM COUNTY LOCATION: BRIDGE 1110.239 OVER WOLF ISLAND CREEK ON SR 1998 (WENTWORTH STREET) TYPE OF WORD: GRADING, PAVING, DRAINAGE AND STRUCTURE WETLAND AND SURFACE WATER IMPACTS PERMIT BEGIN PROJECT I7BP.7.R.140 -L- POT Sta. 11+50.00 WENT bb`f�Tf/--------- SR 1998 (WENTW®fT-H� STR ET) , 0 / BEGIN APPROACH B —L Sta. I3+23.00 BEGIN BRIDGE —L— Sta. I3+35 -L- SITE 2 STATE STATE PROJECT REFERENCE NO. SHEET NO. TOTAL SHEETS N.C. 17BP.7.R.140 1 STATE PROD. NO. F.A. PROD. NO. DESCRIPTION Z �o SITE / 2 END BRIDGE END PROJECT /78P.7RJ40 -L- Sto.14+00.00 -L- POT Sta. 15t 0.00 --------- TO -------- NT OW N REI DSV I LLE FND APPROACH SLAB —L— Sta. I4+I2.00 PERMIT DRAWING SHEET 1 OF 5 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED GRAPHIC SCALES 50 25 0 50 100 DESIGN DATA ADT (2 014) = 1,400 ADT (2025)= 2 800 V = 40 MPH FUNC CLASS = MINOR COLLECTOR SUB REGIONAL TIER PROJECT LENGTH LENGTH ROADWAY TIP PROJECT = 0.062 MILES LENGTH STRUCTURE TIP PROJECT = 0.014 MILES — TOTAL LENGTH TIP PROJECT - 0.076 MILES Prepared In the Office of Simpson Engineers & Assoclates for DIVISION 7 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROADWAY DESIGN ENGINEER P.E.www.simpsonengr.com PLANS PREPARED BY: IMPSON 5640 Dillard Drive Suite 200 E N SSOCATES 919Cary,52-0468NC 8 (919) 852-0598 (Fax) LICENSE NO. C-2521 2018 STANDARD SPECIFICATIONS DAVID SIMPSON, PE PLANS 50 25 0 50 100 RIGHT OF WAY DATE: PROJECT ENGINEER REID B. ROBOL, PE SIGNATURE: HYDRAULICS ENGINEER PE LETTING DATE: v1,1� VHB Engineering NC, P.C. (C-3705) 940 Main Campus Drive, Suite 500 Raleigh, NC 27606 PROFILE (HORIZONTAL) 10 5 0 10 2I HYDRAULIC ENGINEER TIM POWERS, PE NCDOT CONTACT: DIVISION BRIDGE PROGRAM MANAGER 11 PROFILE (VERTICAL) SIGNATURE: C L in Q C O O O C I -P N 3 E i Q T L CS' C7 N I�D 00 N 07 C r-1 3 10 L C] O C N E C O S- C W 1-1 W (n O r-1 Oa NC:)-0 O IJ = `r I-) N / ------------------------------------- --- DETAIL 1 TOE PROTECTION ( Not to Scale) 1 'qt� FILL NATURAL pC� SLOPE GROUND d GEOTEXTILE d= 1.4 FT ZO Type of Liner= CLASS A RIP -RAP FROM 14+20 TO 15+30 L RT DETAIL 2 BANK STABILIZATION ( Not to Scale) 3.0'min. 2.0' NWS Q GEOTEXTILE Type of Liner= CLASS II RIPRAP STA 115 + 92 L LT STA 261 +40 L LT TO WENTWORTH o 0 01 BL-Q -- POT Sta. /0+00.6 I�7���J�T17tr��7 —L— JIU. IJTCJ.VV QCr'IA/ 00f) lCr'T I7007 0 Idn —L— rVl 13ly. lIT0V.VV GULUNIAL F'IFLLINL GUMYAN IRIGHT OF WAY EASEMENT DB 591 PG 686 BLANKET IN NATURE CLAIMED EASEMENT 25' FROM pr.ITCDI WE AC WC 7.1 1 En 1 MCC JERRY HARDEN MARGERETTE FOUNTAIN DB IIII PG 2005 3 I �o CP 0 1 BANK STABILIZATI FESSTT 124 TONS DD�'lAI DDZT_1LTF_SY —L— JIU. I4t*V0.I0 PAIGE HARDY HICKS DB 676 PG 810 WB 14E PG 833 CAROLINA FOUND For FAlll PRn_ lFr'T l7PP 7 P lAn I- f-V/ J/Uo /.JT:JV.VV J W MOCARGO ELKANA C McCARGP DB 706 PG 675 JS STREAM NOT SURVEYED. DO NOT IMPACT WITH WORK IN DUE AREA. GPS LOCTION PROVIDED FOR REFERENCE ONLY DENOTES IMPACTS IN SURFACE WATER DENOTES TEMPORARY IMPACTS IN SURFACE WATER DENOTES HAND CLEARING TO DOWNTOWN REIDSVIUE WILLIAM ERNEST SMITH, JR DB 1498 PG 775 10 11 12 13 14 15 16 17 PROJECT REFERENCE SHEET NO. 17BP.7.R.140 - ROCKINGHAM 239 4 ROADWAY DESIGN HYDRAULICS ENGINEER I ENGINEER MOTT MACDONALD I & E, LLC VHB ENGINEERING LICENSE NO. F-0669 LICENSE NO. C-3705 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED Prepared in the �/� Office of: M M1Y1 PO Box 700 MOTT Fuquay-Varina, NC 27526 MACDONALD www.mottmac.com/americas Via'; I�� VHB Engineering NC, P.C. (C-3705) `Y, 940 Main Campus Drive, Suite 500 Raleigh, NC 27606 5 VERTICAL SCALE HORIZONTAL SCALE T 1Q 2P 1 Q 2> ' 5f PERMIT DRAWING SHEET 2 OF 5 91:t 'i10111`2 111 F i:: otled ON 1 iii� r���r�url�■ ■7l "NO 01ONiAA0iEWP-4 i i111■■1■1A■I KWA 'Ill 11■■IMEN I■■I5 WA, 1i1111■■I�■■I■■1►' �i,�►� "711■oil ■■Ic'i;!'II TEMPORARY SW IMPACT i w SW IMPACT � X Y TS ---------------- ----- ------- --- ---------------------- --- --------------------- -PROP 0/H iJ OW rE 2�' Rim '00 PROP '0 / F IM 0 0 Q,,S-/ i DENOTES IMPACTS IN SURFACE WATER DENOTES TEMPORARY IMPACTS IN SURFACE WATER DENOTES HAND CLEARING SITE 1 SSW IMPACT F T S S-ER V I C E DUE i ------------------ PROJECT REFERENCE SHEET NO. 1713P.7.R.140 — ROCKINGHAM 239 4 ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER MOTT MACDONALD I & E, LLC VHB ENGINEERING LICENSE NO. F-0669 LICENSE NO. C-3705 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED Prepared in the �/� Office of: M M PO Box 700 MOTT Fuquay-Varina, INC 27526 MACDONALU www.mottmac.corr✓americas �'o' VHB Engineering I P.C. (C-3705) �`/I�� 940 Main Campus Drive, Suite 500 Y Raleigh, NC 27606 HORIZONTAL SCALE 6.25' 0 6.25' 12.50' PERMIT DRAWING SHEET 4 OF 5 JS STREAM NOT SURVEYED. DO NOT IMPACT WITH WORK IN DUE AREA. GPS LOCATION PROVIDED FOR REFERENCE ONLY WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size/Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) —Existing Channel Impacts Permanent (ft) —Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 13+53 to 13+86 -L- Bank Stabilization < 0.01 0.01 54 65 2 12+27 to 13+19 -L- 1 @70' 24" CORED SLAB W/ 4'-0" CAPS 0.01 TOTALS`: 0.01 < 0.01 0.01 54 65 0 `Rounded totals are sum of actual impacts NOTES: —Existing Channel Impacts Permanent and Existing Channel Impacts Temp. are coincident Action ID Number: SAW-2019-00831 County: Rockingham Permittee: NCDOT Division 7 (Attn: Wright Archer III, PE) Project Name: NCDOT / Bridge 239 / SR 1998 / Wolf Island Creek / Rockingham County Date Verification Issued: 07/28/2021 Project Manager: David E. Bailey 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: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@usace.army.mil 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 SAW-2019-00831 A. Determination of Jurisdiction: 1. ® There are waters, including wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the pennit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This deternination may be relied upon for aperiod not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this deternination. 3. ❑ There are waters, including wetlands within the above described project area that are subject to the pennit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for aperiod not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _. Action ID: B. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 07/28/2021. C. Remarks: D. Attention USDA Program Participants This delineation/detennination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/detennination 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 deternination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). 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) forn. If you request to appeal this detennination you must submit a completed RFA forn to the following address: US Anny Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 AND PHILIP.A.SHANNINCg USACE.ARMY.MIL 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 forn, it must be received at the above address by Not applicable . SAW-2019-00831 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: Date:2021.07.28 14:56:21-04'00' David E. Bailev Date of JD: 07/28/2021 Expiration Date of JD: Not applicable Wll 5 gC r/ If Applicant: NCDOT Division 7 (Attn: Wri ht Archer III PE File Number: SAW-2019-00831 I Date: 07/28/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D © PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or 1�9t :flviww.usiuce.�u�m� .inn/1iss�onsfCivnn°orks%P.eala%r faro xa�nandPenits,as x or the Corps regulations at 33 CFR Part 331. 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. SECTION I1- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT 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. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: David E. Bailey ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 3331 Heritage Trade Drive, Suite 105 ATLANTA, GEORGIA 30303-8803 Wake Forest, North Carolina 27587 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: P111 IP.A SFIANNIN rr>U�Ac ..ARMY.Mll, 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 opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137