final signed Br 0160 Br 15 over Clabash River RGP 50

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2021-00593 County: Brunswick U.S.G.S. Quad: NC-Calabash

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: NCDOT-Division 3
Mason Herndon
Address: 5501 Barbados Blvd.
Castle Hayne, NC 28429
E-mail: [e-mail]

Size (miles) 0.203 Nearest Town Calabash
Nearest Waterway Calabash Creek River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.889623
Longitude: -78.549428
Location description: The project (BR 0160) is located along NC 179 where it crosses the Calabash River at Bridge 15 in lower
Brunswick County.

Description of projects area and activity: This verification authorizes the replacement of a structurally deficient bridge that
includes impacts to waters of the US. The existing bridge # 15 is a 281-foot three span cored slab bridge which will be replaced
with a new 575 foot fixed span bridge and result in an increased navigational clearance from 5’ to 17’ for boat passage in the
Calabash River. This new structure will result in 0.286 of an acre in permanent wetland impacts (a portion including tidal
marsh), 0.1 of an acre of temporary wetland impacts, and 0.006 of an acre of surface water impacts. 0.223 of an acre of the
permanent impacts are associated with the excavation of the causeway and restoration of the wetlands to the natural ground
elevation.
** This verification utilizes RGP 50 for the structure and roadway replacement and NWP 57&58 for the utility replacements
that span under the section 10 water.

Applicable Law(s): ܈Section 404 (Clean Water Act, 33 USC 1344)
܈Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: SAW-2019-02350 (RGP 50), NWP 57, and NWP 58

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 10/20/2022, and the received plans Permit Drawings 1-17 of 17 dated 10/17/2022.
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 permit. 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 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 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 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 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 program, please contact Brad Shaver at [phone]or [e-mail].

Corps Regulatory Official: _____________________________________________________Date: 11/17/2022
Expiration Date of Verification: 5/25/2025

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
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copy furnished(electronic):

USACE attn: Thomas Steffens
NCDEQ-DWR attn: Hannah Sprinkle
NCDEQ-DCM attn: Stephen Lane
NCDOT-Div 3 attn: Sean Farrell

Brad Shaver
Digitally signed by Brad
Shaver
Date: 2022.11.17 14:23:16
-05'00'
SAW-2021-00593

SPECIAL CONDITIONS

BR 0160
Bridge 15 over the Calabash River

1. All work must be performed in strict compliance with the plans attached to the application
dated 10/20/2022 and plan sheet 1-17 of 17 dated 10/17/2022, which are authorized by this permit.
Any modification to the authorized permit plans must be approved by the USACE prior to
implementation.

2. Failure to institute and carry out the details of the following special conditions, below, will
result in a directive to cease all ongoing and permitted work within waters and/or wetlands
associated with the permitted project, or such other remedies and/or fines as the District Engineer
or his authorized representatives may seek.

3. The permittee will ensure that the construction design plans for this project do not deviate from
the authorized permit plans. Any deviation in the construction design plans will be brought to the
attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to any active
construction in waters or wetlands.

4. 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, and any authorized modifications. A copy of this permit
including the authorized plans referenced in Special Condition (1) and authorized modifications,
including all conditions, shall be available at the project site during construction and maintenance
of this project.

5. 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 shall any activities take
place that cause the degradation of waters or wetlands. In addition, 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, into, or out of waters or wetlands or to reduce the
reach of waters or wetlands.

This permit does not authorize temporary placement or double handling of excavated or fill
material or construction equipment within waters or wetlands outside the permitted area.

6. 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
permittee 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. All jurisdictional
wetland lines on borrow and waste sites shall be verified by the Corps of Engineers and shown on
the approved reclamation plans. The permittee shall ensure that all such areas comply with the
SAW-2021-00593

preceding condition of this permit, and shall require and maintain documentation of the location
and characteristics of all borrow and disposal sites associated with this project. This information
will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate
compliance with the preceding condition. 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.

8. This USACE permit does not authorize you to take a threatened or endangered species, in
particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to legally take
a listed species, you must have separate authorization under the Endangered Species Act (ESA)
(e.g., a Biological Opinion (BO) under the ESA, Section 7, with “incidental take” provisions with
which you must comply). The U.S. Fish and Wildlife Service’s (USFWS’s) Programmatic BO
titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion for North
Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina (Divisions
1-8),” dated March 25, 2015, and adopted on April 10, 2015, contains mandatory terms and
conditions to implement the reasonable and prudent measures that are associated with “incidental
take” that are specified in the BO. Your authorization under this USACE permit is conditioned
upon your compliance with all the mandatory terms and conditions (incorporated by reference
into this permit) associated with incidental take of the BO. Failure to comply with the terms and
conditions associated with incidental take of the BO, where a take of the listed species occurs,
would constitute an unauthorized take, and would also constitute non-compliance with your
USACE permit. The USFWS is the appropriate authority to determine compliance with the terms
and conditions of its BO and with the ESA.

9. The Department has committed to a in-water work moratorium, permit application and green
sheet commitments. Construction activity at or below the mean high-water elevation within the
Calabash River will not be allowed from April 1 to September 30 without exclusion devices,
casings, or other barriers to allow work in the dry.

10. The authorized structure and associated activity must not interfere with the public’s right to
free navigation on all navigable waters of the United States. 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 for reasons other than safety.

11. Hydraulic Fracturing (Fracking): When directional boring or horizontal directional drilling
(HDD) under waters of the United States, including wetlands, the Permittee shall closely monitor
the project for hydraulic fracturing or “fracking” and material from the drilling operation
leaching to the surface and into jurisdictional areas. Any discharge from fracking or leaching into
waters of the United States, including wetlands, shall be reported to U.S. Army Corps of
Engineers, Wilmington District Wilmington Field Office, Attn: Brad Shaver at 910-251-4611 or
[e-mail] within 48 hours. Restoration and/or mitigation may be required as
a result of any unintended discharges.
12. West Indian Manatee Protection: In order to protect the endangered West Indian manatee
(Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service’s Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at.
SAW-2021-00593

http://saw-reg.usace.army.mil/ESA/manatee_guidelines.pdf

13. The Permittee shall fully implement the compensatory mitigation plan, entitled Onsite Wetland
Restoration Plan AT Bridge No. 15 over the Calabash River, dated October 12, 2022. 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 Permittee shall
reestablish 0.40 of an acre of Coastal Marsh in accordance with the plan and with the following
conditions:

1) The Permittee, NCDOT-Division 3, 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 first 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 the property; 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) The site shall be monitored for a minimum of three years or until the site is deemed successful.

14. This Bridge replacement will impact a designated AEC and meets the definition of “development”,
the prospective permittee must obtain the required CAMA permit. Development activities shall not
commence until a copy of the approved CAMA permit is furnished to the appropriate Corps Regulatory
Field Office (Wilmington Field Office – 69 Darlington Avenue, Wilmington, NC 28403)

Brad Shaver
Digitally signed by Brad
Shaver
Date: 2022.11.17 14:23:48
-05'00'
SAW-2021-00593

Action ID Number: SAW-2021-00593 County: Brunswick

Permittee: NCDOT-Division 3, Mason Herndon

Project Name: BR 0160, Br# 15 over the Calabash River

Date Verification Issued: 11/17/2022

Project Manager: Brad Shaver

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: Brad Shaver
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]

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

CESAW-RG (File Number, SAW-2021-00593)

MEMORANDUM FOR RECORD

SUBJECT: Department of the Army Memorandum Documenting General Permit
Verification
1.0 Introduction and Overview

Information about the proposal subject to one or more of the United States Army Corps
of Engineers’ (Corps’) regulatory authorities is provided in Section 1, detailed evaluation
of the activity is found in Sections 2 through 4 5 and findings are documented in Section
5 6 of this memorandum. Further, summary information about the activity including the
administrative history of actions taken during project evaluation is attached (ORM2
summary) and incorporated into this memorandum.
NOTE: This document uses the term pre-construction notification (PCN) to identify
when notification is sent to the Corps to evaluate a proposed activity on a case-by-case
basis to ensure that the activity will cause no more than minimal adverse environmental
effects, individually and cumulatively for verification under a general permit (GP). While
PCN is commonly associated with Nationwide Permit (NWP) verification requests, this
document uses the term PCN for notification sent to the Corps for all GP verifications
(i.e., NWPs, Regional GPs, Programmatic GPs).
1.1 Applicant name: NCDOT-Division 3, Mason Herndon

1.2 Activity location: Latitude: 33.889623 Longitude: -78.549428 Location
description: The project (BR 0160) is located along NC 179 where it crosses the
Calabash River at Bridge 15 in lower Brunswick County.

1.3 Description of activity requiring verification:This verification would authorize
the replacement of a structurally deficient bridge that includes impacts to waters
of the US. The existing bridge # 15 is a 281-foot three span cored slab bridge
which will be replaced with a new 575 foot fixed span bridge and result in an
increased navigational clearance from 5’ to 17’ for boat passage in the Calabash
River. This new structure will result in 0.286 of an acre in permanent wetland
impacts (a portion including tidal marsh), 0.1 of an acre of temporary wetland
impacts, and 0.006 of an acre of surface water impacts. 0.223 of an acre of the
permanent impacts are associated with the excavation of the causeway and
restoration of the wetlands to the natural ground elevation.
** This verification utilizes RGP 50 for the structure and roadway replacement and
NWP 57&58 for the utility replacements that span under the section 10 water.
1.4 Existing conditions and any applicable project history:

After-the-fact: No.

1.4.1 Jurisdictional Determination:
CESAW-RG (File Number, SAW-2021-00593)

Is this project supported by a Jurisdictional Determination? Yes, Preliminary
Jurisdictional Determination 8/19/2021

1.5 Permit authority:

Table1–PermitAuthority
Section 10 of the Rivers and Harbors Act (33 USC 403) ܈
Section 404 of the Clean Water Act (33 USC 1344) ܈

1.6 Applicable Permit: SAW-2019-02350 (RGP 50), NWP 57, and NWP 58

1.7 Waiver Discussion:

Does the activity require a written waiver of the NWP limits? No.

Activity requires a waiver from the requirements of a regional condition(s)? No.

2.0 Evaluation of the Pre-Construction Notification
2.1 Direct and indirect effects which are caused by the GP activity: The direct
effects of the proposed activity in waters would include the loss of
jurisdictional waters (as specified in Section 1.3) and their associated
aquatic resource functions. The proposed activity also has the potential to
result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct
vicinity of the project area, increase of downstream flows, and
blocking/restricting aquatic life passage transiting in and through the
project area. These indirect effects are expected to be minimal due to
design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect
effects would be further reduced through the implementation of BMPs
required by state, local, and Federal ordinances and regulations.

2.2 Site specific factors: N/A

2.3 Coordination

2.3.1 Interagency Coordination

Was the PCN coordinated with other agencies? No.

CESAW-RG (File Number, SAW-2021-00593)

2.3.2 Corps internal coordination

Was the PCN coordinated with other Corps business lines? No.

3.0 Mitigation

3.1 Avoidance and minimization

Provide brief description of how the activity has been designed on-site to avoid and
minimize adverse effects, both temporary and permanent, to waters of the United States
to the maximum extent practicable at the project site: The applicant provided a
detailed statement describing their efforts to avoid and minimized impacts to
waters of the United States on the project site in the preconstruction notification.
Based on this information, the Corps believes the applicant has avoid and
minimized impacts to waters of the United State to the maximum extent
practicable.

Describe other mitigative actions including project modifications implemented to
minimize adverse project impacts? (see 33 CFR 320.4(r)(1)(i))
None

3.2 Compensatory mitigation requirement

Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic
resources to reduce the individual and cumulative adverse environmental effects to a
minimal level?
No.

Provide rationale: No compensatory mitigation but there is on-site permittee
responsible mitigation. In this case the NCDOT will extend the new bridge which
affords them the opportunity to restore 0.40 of an acre of tidal marsh. The NCDOT
will restore the target elevation and replant with appropriate marsh species. The
site will be monitored for at minimum of three years or until deemed successful
by the agencies. This 0.40 of an acre will offset the impacts necessary for new
bridge construction.

4.0 Compliance with Other Laws, Policies and Requirements

4.1 Section 7(a)(2) of the Endangered Species Act (ESA)

4.1.1 ESA action area:

CESAW-RG (File Number, SAW-2021-00593)

The action area includes the waters of the United States that will be directly
affected by the proposed work or structures and uplands directly affected
as a result of authorizing the work or structures.

4.1.2 Lead federal agency for Section 7 of the ESA

Has another federal agency taken steps to document compliance with Section 7 of the
ESA and completed consultation(s) as required? No.

4.1.3 Listed/proposed species and/or designated/proposed critical habitat

Are there listed or proposed species or designated critical habitat or proposed critical
habitat that may be present or in the vicinity of the Corps’ action area? No. The Corps
has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the
ESA.
IPAC Species in Brunswick County:
Tricolored bat (Perimyotis subflavus) - Proposed Endangered - Proposed for
Listing
Red knot (Calidris canutus rufa) - Threatened - Listed
Red-cockaded woodpecker (Picoides borealis) - Endangered - Listed
West Indian Manatee (Trichechus manatus) - Threatened - Listed
Roseate tern (Sterna dougallii dougallii) - Endangered - Listed
Northern Long-Eared Bat (Myotis septentrionalis) - Threatened - Listed
Rough-leaved loosestrife (Lysimachia asperulaefolia) - Endangered - Listed
Waccamaw silverside (Menidia extensa) - Threatened - Listed
Seabeach amaranth (Amaranthus pumilus) - Threatened - Listed
Piping Plover (Charadrius melodus) - Threatened - Listed
Green sea turtle (Chelonia mydas) - Threatened - Listed
Hawksbill sea turtle (Eretmochelys imbricata) - Endangered - Listed
Loggerhead sea turtle (Caretta caretta) - Threatened - Listed
Leatherback sea turtle (Dermochelys coriacea) - Endangered - Listed
Wood stork (Mycteria americana) - Threatened - Listed
Kemp's ridley sea turtle (Lepidochelys kempii) - Endangered - Listed
American alligator (Alligator mississippiensis) - Similarity of Appearance
(Threatened) - Listed
Cooley's meadowrue (Thalictrum cooleyi) - Endangered - Listed
Magnificent ramshorn (Planorbella magnifica) - Proposed Endangered - Proposed
for Listing

Effect determination(s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program’s
NHEO data, there are listed species located within or in the vicinity of the action
area and this activity is one that would not affect those listed species. The
NCDOT has committed to adhering to the manatee guidelines during bridge
construction and this was made a special condition of the permit.

CESAW-RG (File Number, SAW-2021-00593)

4.1.4 Section 7 ESA consultation

Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and
Wildlife Service was initiated and completed as required, for any determinations other
than “no effect” (see the attached “Summary” sheet for begin date, end date and closure
method of the consultation). The U.S. Fish and Wildlife Service’s (USFWS’s)
Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological
Opinion for North Carolina Department of Transportation (NCDOT) Activities in Eastern
North Carolina (Divisions 1-8),” dated March 25, 2015, and adopted on May 4, 2015,
contains mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with “incidental take” that are specified in the BO. Based
on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.

4.2 Magnuson-Stevens Fishery Conservation and Management Act, Essential Fish
Habitat (EFH)

N/A, there is no essential fish habitat in this district's area of responsibility.

4.2.1 Lead federal agency for EFH provisions of the Magnuson-Stevens Act

Has another federal agency taken steps to comply with EFH provisions of Magnuson-
Stevens Act with the Corps designated as a cooperating agency and has that
consultation been completed? No.

4.2.2 Magnuson-Stevens Act

Did the proposed project require review under the Magnuson-Stevens Act? No. No. See
Section 3.2 above.

4.3 Section 106 of the National Historic Preservation Act (Section 106)

4.3.1 Section 106 permit area

The permit area includes those areas comprising waters of the United States that will
be directly affected by the proposed work or structures, as well as activities outside of
waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.

Final description of the permit area: All three test have been met and portions of the
larger project undertaken outside of waters of the U.S. are in the permit area.

4.3.2 Lead federal agency for Section 106 of the National Historic Preservation Act

CESAW-RG (File Number, SAW-2021-00593)

Has another federal agency been identified as the lead federal agency for complying
with Section 106 of the National Historic Preservation Act with the Corps designated as
a cooperating agency and has that consultation been completed? No.

4.3.3 Historic properties

Known historic properties? No.

Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible
for listing in the National Register of Historic Places, because the project is
located in areas that have been extensively modified.
4.3.4 Consultation with the appropriate agencies, tribes and/or other parties for effect
determinations

N/A

4.4 Tribal Trust Responsibilities

4.4.1 Tribal government-to-government consultation

Was government-to-government consultation conducted with Federally-recognized
Tribe(s)? No. There are no known tribal interests in the project area.

4.4.2 Other Tribal consultation

Other Tribal including any discussion of Tribal Treaty rights? No. There are no known
tribal interests in the project area.

4.5 Section 401 of the Clean Water Act – Water Quality Certification (WQC)

4.5.1 Section 401 WQC requirement

Is a Section 401 WQC required, and if so, has the certification been issued or waived?
A general WQC has been issued for this permit.

4.5.2 401(a)(2) Process

If the certifying authority granted an individual WQC, did the United States
Environmental Protection Agency make a determination that the discharge ‘may affect’
water quality in a neighboring jurisdiction? N/A

CESAW-RG (File Number, SAW-2021-00593)

4.6 Coastal Zone Management Act (CZMA)

4.6.1 CZMA consistency concurrence

Is a CZMA consistency concurrence required, and if so, has the concurrence been
issued, objected to, or presumed? A general CZMA consistency concurrence has
been issued for this permit.
4.7 Wild and Scenic Rivers Act

4.7.1 National Wild and Scenic River System

Is the projectlocated in a component of the National Wild and Scenic River System, or in
a river officially designated by Congress as a “study river” for possible inclusion in the
system? No. According to http://www.rivers.gov, the proposed project area is not
within a designated or study river.

4.8 Effects on Corps Civil Works Projects (33 USC 408)

4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33
USC 408)

Does the applicant also require permission under Section 14 of the Rivers and Harbors
Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a
Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near
the vicinity of the proposal.

4.9 Other (as needed)

N/A

4.10 Compliance Statement

The Corps has determined that it has fulfilled its responsibilities under the following
laws, regulations, policies, and guidance:

Table 4 – Compliance with Federal Laws and Responsibilities
Laws, Regulations, Policies, and
Guidance
Yes N/A
Section 7(a) (2) of the ESA x
EFH provisions of the Magnuson-Stevens
Act
x
CESAW-RG (File Number, SAW-2021-00593)

Table 4 – Compliance with Federal Laws and Responsibilities
Laws, Regulations, Policies, and
Guidance
Yes N/A
Section 106 of the NHPA x
Tribal Trust x
Section 401 of the CWA x
CZMA x
Wild and Scenic Rivers Act x
Section 408 - 33 USC 408 x
Other: N/A

5.0 Special Conditions

5.1 Special condition(s) requirement(s)

Are special conditions required to ensure minimal effects, ensure the authorized activity
is not contrary to the public interest and/or ensure compliance of the activity with any of
the laws above? Yes.

5.2 Special condition(s)

1. All work must be performed in strict compliance with the plans attached to the
application dated 10/20/2022 and plan sheet 1-17 of 17 dated 10/17/2022, which are
authorized by this permit. Any modification to the authorized permit plans must be
approved by the USACE prior to implementation.

2. Failure to institute and carry out the details of the following special conditions,
below, will result in a directive to cease all ongoing and permitted work within
waters and/or wetlands associated with the permitted project, or such other
remedies and/or fines as the District Engineer or his authorized representatives may
seek.

3. The permittee will ensure that the construction design plans for this project do
not deviate from the authorized permit plans. Any deviation in the construction
design plans will be brought to the attention of the Corps of Engineers, Wilmington
Regulatory Field Office prior to any active construction in waters or wetlands.

4. 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, and any
authorized modifications. A copy of this permit including the authorized plans
referenced in Special Condition (1) and authorized modifications, including all
conditions, shall be available at the project site during construction and
maintenance of this project.
CESAW-RG (File Number, SAW-2021-00593)

5. 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 shall any activities take place that cause the degradation of waters or
wetlands. In addition, 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, into, or out of waters or wetlands or to
reduce the reach of waters or wetlands.

This permit does not authorize temporary placement or double handling of
excavated or fill material or construction equipment within waters or wetlands
outside the permitted area.

6. 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 permittee 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. All
jurisdictional wetland lines on borrow and waste sites shall be verified by the Corps
of Engineers and shown on the approved reclamation plans. The permittee shall
ensure that all such areas comply with the preceding condition of this permit, and
shall require and maintain documentation of the location and characteristics of all
borrow and disposal sites associated with this project. This information will include
data regarding soils, vegetation and hydrology sufficient to clearly demonstrate
compliance with the preceding condition. 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.

8. This USACE permit does not authorize you to take a threatened or endangered
species, in particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis).
In order to legally take a listed species, you must have separate authorization under
the Endangered Species Act (ESA) (e.g., a Biological Opinion (BO) under the ESA,
Section 7, with “incidental take” provisions with which you must comply). The U.S.
Fish and Wildlife Service’s (USFWS’s) Programmatic BO titled "Northern Long-
eared Bat (NLEB) Programmatic Biological Opinion for North
Carolina Department of Transportation (NCDOT) Activities in Eastern North
Carolina (Divisions 1-8),” dated March 25, 2015, and adopted on April 10, 2015,
contains mandatory terms and conditions to implement the reasonable and prudent
CESAW-RG (File Number, SAW-2021-00593)

measures that are associated with “incidental take” that are specified in the BO.
Your authorization under this USACE permit is conditioned upon your compliance
with all the mandatory terms and conditions (incorporated by reference into this
permit) associated with incidental take of the BO. Failure to comply with the terms
and conditions associated with incidental take of the BO, where a take of the listed
species occurs, would constitute an unauthorized take, and would also constitute
non-compliance with your USACE permit. The USFWS is the appropriate authority
to determine compliance with the terms and conditions of its BO and with the ESA.

9. The Department has committed to a in-water work moratorium, permit
application and green sheet commitments. Construction activity at or below the
mean high water elevation within the Calabash River will not be allowed from April
1 to September 30 without exclusion devices, casings, or other barriers to allow
work in the dry.

10. The authorized structure and associated activity must not interfere with the
public’s right to free navigation on all navigable waters of the United States. 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 for reasons other than
safety.

11. Hydraulic Fracturing (Fracking): When directional boring or horizontal
directional drilling (HDD) under waters of the United States, including wetlands,
the Permittee shall closely monitor the project for hydraulic fracturing or
“fracking” and material from the drilling operation leaching to the surface and into
jurisdictional areas. Any discharge from fracking or leaching into waters of the
United States, including wetlands, shall be reported to U.S. Army Corps of
Engineers, Wilmington District Wilmington Field Office, Attn: Brad Shaver at 910-
251-4611 or [e-mail] within 48 hours. Restoration and/or
mitigation may be required as a result of any unintended discharges.
12. West Indian Manatee Protection: In order to protect the endangered West Indian
manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife
Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The
guidelines can be found at.
http://saw-reg.usace.army.mil/ESA/manatee_guidelines.pdf

13. The Permittee shall fully implement the compensatory mitigation plan, entitled Onsite
Wetland Restoration Plan AT Bridge No. 15 over the Calabash River, dated October 12,
2022. Activities prescribed by this plan shall be initiated prior to, or concurrently with,
commencement of any construction activities within jurisdictional areas authorized by this
CESAW-RG (File Number, SAW-2021-00593)

permit. The Permittee shall reestablish 0.40 of an acre of Coastal Marsh in accordance with
the plan and with the following conditions:

1) The Permittee, NCDOT-Division 3, 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 first 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 the property; 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) The site shall be monitored for a minimum of three years or until the site is
deemed successful.

14. This Bridge replacement will impact a designated AEC and meets the definition of
“development”, the prospective permittee must obtain the required CAMA permit.
Development activities shall not commence until a copy of the approved CAMA permit is
furnished to the appropriate Corps Regulatory Field Office (Wilmington Field Office – 69
Darlington Avenue, Wilmington, NC 28403)

Rationale:See Section 3.0.

6.0 Determination

6.1 General Permit Statement

The activity will result in no more than minimal individual and cumulative adverse
effects on the aquatic environment and will not be contrary to the public interest.

CESAW-RG (File Number, SAW-2021-00593)

6.2 Compliance Statement

This activity, as described, complies with all terms and conditions of the permits
identified in Section 1.5.

PREPARED BY:

________________________ Date: 11/17/2022
Brad Shaver

Brad Shaver Digitally signed by Brad Shaver
Date: 2022.11.17 14:24:31
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