B-4590 NWP-57 03-15-2023

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2015-00958 County: New Hanover County U.S.G.S. Quad: Castle Hayne

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Anneliese Westphal
NCDOT - Division 3
Address: 5501 Barbados Blvd
Castle Hayne NC, 28429
Telephone Number: ***********

Size (acres) 5.0 Nearest Town Wilmington
Nearest Waterway Smith Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.25884; Longitude: -77.93893
Location description: Bridge 29 over Smith Creek on SR 2812 in Wilmington, North Carolina.

Description of projects area and activity: Directional bore of fiber optic cable under Section 10
waters. No impacts.

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

Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 57 Electric
Utility Line and Telecommunications Activities
SEE ATTACHED RGP or 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 and your submitted application and attached
information dated April 27, 2015 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 919-
807-6300) to determine Section 401 requirements.

SAW-2015-00958

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Morehead City, NC, at [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 Thomas Steffens at [phone] or
[e-mail].

Corps Regulatory Official: ___________________________ Date: March 15, 2023
Expiration Date of Verification: March 14, 2026

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copy furnished:

SAW-2015-00958

Page 3 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2015-00958 County: New Hanover
County

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner/Applicant: NCDOT - Division 3
Anneliese Westphal
Address: 5501 Barbados Blvd

Castle Hayne, NC, 28429
Telephone Number: **

Size (acres) 5.0 Nearest Town Wilmington
Nearest Waterway Smith Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.25884; Longitude: -77.93893
Location description:

Indicate Which of the Following Apply:

A. Preliminary Determination

X There appear to be waters, including wetlands, on the above described property, 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). The waters, including wetlands, have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and
reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation
process, including determining compensatory mitigation. For purposes of computation of impacts,
compensatory mitigation requirements, and other resource protection measures, a permit decision
made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in
any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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.

There appear to be waters, including wetlands, on the above described property, 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). The waters, including wetlands, have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and
reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation
process, including determining compensatory mitigation. For purposes of computation of impacts,
compensatory mitigation requirements, and other resource protection measures, a permit decision
made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in
any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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.

SAW-2015-00958

There appear to be waters, including wetlands, on the above described property, 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). However, since thewaters, including wetlands,
have not been properly delineated, this preliminary jurisdiction determination may not be used in
the permit evaluation process. Without a verified wetland delineation, this preliminary
determination is merely an effective presumption of CWA/RHA jurisdiction over all of the
waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to
support an enforceable permit decision. We recommend that you have the
waters of the U.S., including wetlands, on your property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a
consultant to conduct a delineation that can be verified by the Corps.

B. Approved Determination

There are Navigable Waters of the United States within the above described property subject to
the permit 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). Unless there is a change in 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.

There are waters of the U.S., including wetlands, on the above described property subject to
the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless
there is a change in 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.

We recommend you have the waters of the U.S., including wetlands, on your property
delineated. As the Corps may not be able to accomplish this wetland delineation in a timely
manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the
Corps.

The waters of the U.S., including wetlands, on your property have been delineated and the
delineation has been verified by the Corps. We strongly suggest you have this delineation
surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, unless there is a change in law or our published regulations, may be relied
upon for a period not to exceed five years from the date of this notification.

The waters of the U.S., including wetlands, have been delineated and surveyed and are
accurately depicted on the plat signed by the Corps Regulatory Official identified below on
______________. Unless there is a change in 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.

There are no waters of the U.S., to include wetlands, present on the above described property
which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC
1344). Unless there is a change in 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.

SAW-2015-00958

The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal
Area Management Act (CAMA). You should contact the Division of Coastal Management in
Morehead City, NC, at [phone] to determine their requirements.

Placement of dredged or fill material within waters of the US, including wetlands, without a
Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33
USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work
within navigable waters of the United States without a Department of the Army permit may constitute
a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you
have any questions regarding this determination and/or the Corps regulatory program, please contact
Thomas Steffens at [phone] or [e-mail].
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: **See the preliminary jurisdictional determination form dated **

E. Attention USDA Program Participants

The delineation included herein has been conducted to identify the location and extent of the aquatic
resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean
Water Act for the particular site identified in this request. This delineation and/or jurisdictional
determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the
local USDA service center, prior to starting work.

F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B.
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) form. If you request to appeal this determination you must submit a
completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it
meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division
Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be
received at the above address by **.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
determination in this correspondence.

SAW-2015-00958

Corps Regulatory Official: ______________________________________________________

Date of JD: March 15, 2023 Expiration Date: **5 years if AJD**N/A if PJD

The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/.

Copy Furnished:

SAW-2015-00958

SPECIAL CONDITIONS

1. See attached Nationwide Permit 57 General Conditions and Wilmington Regional
Conditions.

Action ID Number: SAW-2015-00958 County: New Hanover County

Permittee: Anneliese Westphal
NCDOT - Division 3

Project Name: NCDOT / B 4590 / Br 29 over Smith Creek / SR 2812 / Division 3

Date Verification Issued: March 15, 2023

Project Manager: Thomas Steffens

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Thomas Steffens

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