B-5156 Bridge 28 RGP-50

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-00992 County: Pender County U.S.G.S. Quad: Currie
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Jason Dilday
NC DOT
Address: 1598 Mail Service Center
Raleigh NC, 27699-1598
Telephone Number: ***********
Size (acres) 10 Nearest Town Long Creek
Nearest Waterway Long Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.439167; Longitude: -78.025716
Location description: Bridge 28 over Long Creek on NC 210 near Long Creek, North Carolina.
Description of projects area and activity: Replace structurally deficient and functionally obsolete
bridge on existing location utilizing an on-site detour. This verification authorizes 0.69 acres of
permanent fill if wetlands, 0.039 acres of excavation and 0.198 acres of mechanized clearing in
wetlands and 31 ln ft of temporary stream 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: GP 50 - NCDOT
- Bridge, Road Widenings and Interchanges
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 March 15, 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 919-
807-6300) to determine Section 401 requirements.
SAW-2015-00992
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: May 9, 2023
Expiration Date of Verification: May 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 our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/
Copy furnished:

SAW-2015-00992

SPECIAL CONDITIONS

1. CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict
compliance with the attached plans dated originally 03-15-2023, 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. 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.

6. 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).

7. Endangered Species: 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.

Habitat for Cooley's meadowrue and roughleaved loosestrife exists in the study area. Surveys,
most recently updated in July 2022 found no specimens. Surveys for Cooley's meadowrue
and rough-leaved loosestrife will be updated prior to project construction.

8. The Permittee shall implement all reasonable and practicable measures to ensure that
equipment, structures, fill pads, work, and operations associated with this project do not
adversely affect upstream and/or downstream reaches. Adverse effects include, but are not
limited to, channel instability, flooding, and/or stream bank erosion. The Permittee shall
routinely monitor for these effects, cease all work when detected, take initial corrective
measures to correct actively eroding areas, and notify this office immediately. Permanent
corrective measures may require additional authorization by the U.S. Army Corps of
Engineers.

9. Permit Distribution: 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, drawings and attachments shall be available at the project site during the
construction and maintenance of this project.

10. To compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit.

SAW-2015-00992
Page 3 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-00992 County: Pender County
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: NC DOT
Jason Dilday
Address: 1598 Mail Service Center
Raleigh, NC, 27699-1598
Telephone Number: **
Size (acres) 5 Nearest Town Long Creek
Nearest Waterway Long Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.439167855284; Longitude: -78.0257168193998
Location description: Bridge 28 over Long Creek on NC 210 near Long Creek North Carolina.
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-2015-00992
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-2015-00992
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: PJD 12-13-2018
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-2015-00992
Corps Regulatory Official: ______________________________________________________
Date of JD: May 9, 2023 Expiration Date: 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:
Action ID Number: SAW-2015-00992 County: Pender County
Permittee: Jason Dilday
NC DOT
Project Name: NCDOT / B-5156 / Br 28 / NC 210 / Division 3
Date Verification Issued: May 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
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