20030680 Ver 2_Other Agency Comments_20070502

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ORM ID: SAW-2007-1550-127 County: Currituck USGS Quad: Currituck •~~,~;
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Dr. Gregory J. Thorpe, Ph.D., Environmental Management
Director, PDEA
Address: N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): The proi ect is located at
Bridge # 4 on NCSR 1222 crossing over and adiacent to Tulls Creek. TIP # B-2950.
Description of projects area and activity: Replace an existing structurally deficient 236' long X 28'
wide bridge with a new bridge 300' long X 33' wide impacting 0.24 acres of iurisdictional wetlands
(0.18 acres of CAMA wetlands and 0.06 of 404 wetlands) and 0.002 acres of surface waters. Note -
See Attached Additional Special Conditions.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200031
Nationwide Permit Number:
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 pemut 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 Bill Biddlecome at [phone] ex 26.
Corps Regulatory Official i Date: 05/01/2007
Expiration Date of Verification: 08/31/2008
Page 1 of 8

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 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 maybe 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 deternnation issued 05/27/2003. ORM ID SAW- or ACTION ID
200310639
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and is part of a broad continuum of wetlands connected to Tulls Creek, a
tributary to Tull Bay, which is a tributary to the North Landing River.
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 N/A.
**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 05/01/2007
Copy Furnished:
FWS, NMF, EPA, NCDENR (DCM & DWQ, WRC), EEP
Page 2 of 8

Additional Special Conditions
Action I.D. # SAW 2007-1550-1127 - NCDOT, Division 1, NCSR 1222, Bridge # 4, TIP
# B-2950
a) Compensatory mitigation for the unavoidable impacts to 0.06 acres of
riparian wetlands and 0.18 acres of coastal marsh wetlands associated with
the proposed project shall be provided by the Ecosystem Enhancement
Program (EEP), as outlined in the letter dated March 14, 2007, from William
D. Gilmore, EEP Director. Pursuant to the EEP Memorandum of Agreement
(MOA) between the State of North Carolina and the US Army Corps of
Engineers signed on July 22, 2003, the EEP will provide 0.12 acres of
restoration equivalent riparian wetlands and 0.36 acres of restoration
equivalent coastal marsh wetlands in the Pasquotank River Basin (Hydrologic
Cataloging Unit 03010205) in accordance with Section X of the MOA. For
wetlands, a minimum of 1:1 (impact to mitigation) must be in the form of
wetland restoration. The NCDOT shall, within 30 days of the issue date of
this permit, certify that sufficient funds have been provided to EEP to
complete the required mitigation, pursuant to Paragraph V. of the MOA.
b) To avoid adverse impacts to spawning populations offish species at this
project site, no in-water work will be conducted between February 15 and
September 30. For the purpose of this moratorium, in water is defined as
those areas that are inundated at mean high water. All in-water work must be
completed outside the in-water work moratorium from February 15 through
September 30.
c) To avoid adverse impacts to spawning populations offish, anadromous and
resident species at the project site, NCDOT will follow the "Stream Crossing
Guidelines for Anadromous Fish Passage."
d) All measures will be taken to avoid any temporary fill from entering into
Tull's Creek from bridge demolition. Bridge demolition shall follow
NCDOT best management practices for construction and maintenance
activities dated August 2003 and incorporate NCDOT policy entitled "Bridge
Demolition and Removal in Waters of the United States" dated September
20, 1999.
e) To protect the West Indian Manatee, NCDOT will follow the "Guidelines for
Avoiding Impacts to the West Indian Manatee, Precautionary Measures for
Construction Activities in North Carolina Waters," prepared by the U.S. Fish

and Wildlife Service. A copy of these guidelines is attached to the permit
conditions.
f) Bridge deck drains will not discharge directly into Tull's Creek and will not
be located water-ward of the riprap alignment under the bridge.
g) No bridge demolition debris or excavated or fill material will be placed at any
time, in any wetlands or surrounding waters, outside of the alignment of the
fill area indicated on the work plans.
h) All excavated materials will be confined above normal high water and
landward of regularly or irregularly flooded wetlands behind adequate dikes
or retaining structures to prevent spillover of solids into any wetlands or
surrounding waters.
i) 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, or any activities that cause the degradation of
waters or wetlands, except as authorized by this permit, or any modification
to this permit. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the
permitted area. There shall be no excavation from, waste disposal into, or
degradation of, jurisdictional waters or wetlands associated with this permit
without appropriate modification of this permit, including appropriate
compensatory mitigation. This prohibition applies to all borrow and fill
activities connected with this project.
j) To ensure that all borrow and waste activities occur on high ground and do
not result in the degradation of adjacent wetlands and streams, except as
authorized by this permit, the permittee shall require its contractors and/or
agents to identify all areas to be used to borrow material, or to dispose of
dredged, fill, or waste material. The permittee shall provide the USACE with
appropriate maps indicating the locations of proposed borrow or waste sites
as soon as the pennittee has that information. The permittee will coordinate
with the USACE before approving any borrow or waste sites that are within
400 feet of any streams or wetlands. The permittee shall ensure that all such
areas comply with condition (i) of this permit, and shall require and maintain
documentation of the location and characteristics of all borrow and disposal
sites associated with this prof ect. This information will include data
regarding soils, vegetation and hydrology sufficient to clearly demonstrate
compliance with the preceding condition (i). All information will be
available to the USACE upon request. NCDOT shall require its contractors
to complete and execute reclamation plans for each waste and borrow site

and provide written documentation that the reclamation plans have been
implemented and all work is completed. This documentation will be
provided to the Corps of Engineers within 30 days of the completion of the
reclamation work.
k) 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 and any Corps
approved modifications shall be available at the project site during
construction and maintenance of this project.
1) Any violation of these conditions or violations of Section 404 of the Clean
Water Act or 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 violation.
m) Bridge piles will be driven in place and no jetting of piles are permitted for
this project.
n) Failure to institute and carry out the details of special conditions a. - m.,
above, special conditions a. - v. and general conditions a.- o., may result in a
directive to cease all ongoing and permitted work within waters and/or
wetlands associated with TIP No. B-2950, or such other remedy as the
District Engineer or his authorized representatives may seek.