B-4593 NWP-14 Reverify 02-09-2023

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01204 County: Pamlico County U.S.G.S. Quad: Oriental
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Jason Dilday
NCDOT-NEU
Address: 1548 Mail Service Center
Raleigh NC, 27699
Telephone Number:
Size (acres) 5 acres Nearest Town Merrit
Nearest Waterway Southwest Fork Trent Creek River Basin Neuse
USGS HUC 03020204 Coordinates Latitude: 35.104395
Longitude:-76.718223
Location description: Bridge 38 over Trent Creek on NC 55 near Merrit, Pamlico County, North Carolina.
Description of projects area and activity: REVERIFICATION: Applicant proposes to replace structurally deficient and
functionally obsolete bridge on existing location utilizing an onsite detour. 0.11 acres of permanent coastal wetland impacts,
0.15 acres of temporary coastal wetland impacts and 143 so ft of stream impacts are authorized by this verification.
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 14 Linear Transportation Proiects
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 03 February 2023. 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 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 Thomas.A.Steffens(&usace.armv.mil.
Corps Regulatory Official: a2023.02.10 08:13:52-05'00'
Date: February 9, 2023 _
Expiration Date of Verification: March 14, 2026

SAW-2019-01204
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 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 the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
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 aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Remarks: Reverification of original permit due to expiration. Construction underway, no changes in
plans or impacts from previous submission.
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination 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 determination 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) 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: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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. 2023.02.1 0 08:1 ^ : 1 9
Corps Regulatory Official: 051001
C1001
7

SAW-2019-01204
Date of JD: July 3, 2019 Expiration Date of JD:
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
hqp:Hcop2smgpu.usace.anpy.mil/cm gpex/f?p=l36:4: 0.
Copy furnished:

SAW-2019-01204
SPECIAL CONDITIONS
1. CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the
attached plans dated originally 07-03-2019, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
2.UNAUTHORIZED DREDGE OR FILL: 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. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project.
3. MAINTAIN CIRCULATION AND FLOW OF WATERS: 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 waters or wetlands or to reduce the reach
of waters or wetlands.
4. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction design plans for this
project do not deviate from the permit plans attached to this authorization. Written verification shall be provided that the
final construction drawings comply with the attached permit drawings prior to any active construction in waters of the United
States, including wetlands. Any deviation in the construction design plans will be brought to the attention of the Corps of
Engineers, Mr. Tom Steffens Regulatory Field Office prior to any active construction in waters or wetlands.
5. PRECONSTRUCTION MEETING: The Permittee shall schedule an onsite preconstruction meeting between its
representatives, the contractor's representatives and the appropriate Corps of Engineers Project Manager prior to undertaking
any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions
contained within the Department of the Army permit. The Permittee shall notify the Corps of Engineers Project Manager a
minimum of thirty (30) days in advance of the scheduled meeting in order to provide that individual with ample opportunity
to schedule and participate in the required meeting.
6. WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill
of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water
Quality at [phone] or [phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
CZMA
The Permittee shall fully abide by all conditions of the LAMA Major Development Permit No. 77-19, dated 09-13-2019,
issued by the North Carolina Division of Coastal Management, which are incorporated herein by reference.
7. SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not
limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance
or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain
in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
8. MITIGATION: The permittee will debit 0.22 acres of Brackish Marsh Restoration credits from the Lengyl Mitigation
Site located in HUC Unit 03020204 for 0.11 acres of impacts associated with B-4593. The site is on the NCDOT On -site
Debit Ledger (ONEID 025-001) and has been approved for use in HUC Unit 03020202.
9. MANATEE CONDITION: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must 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://www.fws.gov/nc-es/mammal/manatee_ guidelines.pd£.

10. TEMPORARY FILLS: Temporary fills must be removed in their entirety and the affected areas returned to pre -
construction elevations. The affected areas must be re -vegetated, as appropriate.
Due to the possibility that compaction and/or other site alterations might prevent the temporary coastal wetland impact area
from re -attaining jurisdictional coastal wetland status; the permittee shall provide an update on the wetland areas temporarily
impacted by the temporary detour bridge. This update shall be conducted two growing seasons after completion of the work
and shall consist of photographs and a brief report on the progress of the areas in re -attaining coastal wetland jurisdictional
status. Upon submission of this update to the Corps and NCDWR, the permittee shall schedule an agency field meeting with
the Corps and NCDWR to determine if the wetland areas temporarily impacted by this project have re -attained jurisdictional
coastal wetland status. If the wetland areas temporarily impacted by this project have not re -attained jurisdictional coastal
wetland status, the Corps shall determine if additional compensatory coastal wetland mitigation is to be required.
11. 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 conservation measures in the PBO, which are incorporated by reference in this permit. Failure to comply with the
applicable 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.
12. The U.S. Fish and Wildlife Service's (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, including the June 1, 2021 Addendum for Yellow Lance (Elliptio lanceolata) 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.
13. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Conference Opinion (PCO) titled "Bridge and Culvert
Replacements/Repair/Rehabilitation Effects on Carolina Madtom and Neuse River Waterdog In NCDOT Divisions 2, 4, 5,
and 7" dated May 7, 2020, contains mandatory terms and conditions to implement the reasonable and prudent measures that
are associated with "incidental take" that are specified in the PCO. The USFWS adopted the PCO as the Programmatic
Biological Opinion (PBO) for the effects of this action on August 3, 2021. 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,
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, 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, and with the ESA.

Action ID Number: SAW-2019-01204 County: Pamlico County
Permittee: Jason Dilday
NCDOT-NEU
Project Name: NCDOT B-4593 Bridge 38 NC55 Trent Creek
Date Verification Issued: February 9, 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
Washington Regulatory Field Office
2407 West 5th Street
Washington, North Carolina
27889
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. 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