20060310 Ver 1_Other Agency Comments_20060509

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200610791 County: Pitt
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USGS Quad: Greenville SW
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: North Carolina Department of Transportation
Address: attn: Gre~ory Thorpe
1548 Mail Service Center
Raleigh, NC 27699-1548
Telephone No.: 919-733-3141
Size and location of property (water body, road name/number, town, etc.): Section of Fire Tower Road
from_NC_11_(1Vlemorial Drive) to NCSR 1709 (Corey Road), Greenville, Pitt County, North
Carolina. TIP # U-3613B.
Description of projects area and activity: Widening of Fire Tower Road from two lanes to five lanes.
The project crosses two channelized unnamed tributaries of Fork Swam
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management .
This Deparhnent 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 William Wescott at 252-975-1616 extension 31.
4
Corps Regulatory Official I ` ~~ S ~ Date: 05/04/2006
Expiration Date of Verification: 03/18/2007 ~ `"~ 6~.
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MAY 0 9 2006
Page 1 of 8
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Determination of Jurisdiction:
A. ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. ^ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may. be relied upon for a
period not to exceed five years from the date of this notification.
C. ®There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344): Unless there is a change in the
law or our published regulations, this determination maybe relied upon for a period not to exceed five years
from the date of this notification.
D. ^ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued .Action ID
Basis of Jurisdictional Determination: Unnamed tributaries to Fork Swamp shown on USGS maps and Soil
Survey.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331.
Enclosed you will fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by
~i3i2nn~
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * *
Co s Re ulato Official: ~~ V" Q~~ ` ~` S '
rP g rY
Date 05/04/2006
Copy Furnished:
NCDOT, Division 2 Environmental Specialist
Page 2 of 8

Additional Special Condition
Action I.D. # 200610791 NCDOT, Division 2, TIP # U-3613B
a) The unavoidable impacts to 2771inear feet of stream associated with this project
shall be mitigated by NCDOT by providing 5541inear feet of stream mitigation in the
Neuse River basin (Hydrologic Cataloging Unit 03020202). It is recommended that
NCDOT provide this mitigation in accordance with the procedures suggested in our letter
dated 1 September 13, 2004 from Mr. Ken Jolly to Dr. Gregory J. Thorpe.

Action ID Number:200610791 County:Pitt
Permittee: NCDOT
Date Permit Issued: 5/4/2006
Project Manager: William Wescott
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
WASHINGTON REGULATORY FIELD OFFICE
Post Office Box 1000
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. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
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
Page 3 of 8

CESAW-RG-W DATE: 05/04/2006
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species,
Cultural Resources and Essential Fish Habitat.
1. Action ID. 200610791
2. Project Name and Location: NCDOT, Fire Tower Road widening.
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? YES
Explain: 554 linear feet of stream impacts by payment into NCEEP.
4. Endangered Species (Section 7 of the ESA).
a. Will any threatened or endangered species or their critical habitats be affected by this project?
NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Co s Re ulato Official: ~~-e~~'~ 1 ~. S
rp ~ ry
Page 4 of 8

JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200610791
PROJECT LOCATION INFORMATION:
State: NC
County: Pitt
Center coordinates of site (latitude/longitude): 35.5486 N 77.3935 W
Approximate size of area (parcel) reviewed, including uplands: 32 acres.
Name of nearest waterway: Fork Swamp
Name of watershed: Neuse River Basin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ^ Date:
Site visit(s) © Date(s): 3/16/2006
Jurisdictional Determination (JD):
Preliminary JD -Based on available information, ^ there appear to be (or) ^ there appear to be no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
^' Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
the reviewed area. Approximate size of jurisdictional area:
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
reviewed area. Approximate size of jurisdictional area:
There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
Decision supported by SWANCC/Nligratory Bird Rule Information Sheet for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
^ The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
^ (1) The presence of waters, which are currently used, or were used in the past, or maybe susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
^' (2) The presence of interstate waters including interstate wetlands.
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^ (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4) Impoundments of waters otherwise defined as waters of the US.
© (5) The presence of a tributary to a water identified in (1) - (4) above.
^' (6) The presence of territorial seas.
^ (7) The presence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional
water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigabde
waters. IfB(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection
(i. e., discuss site conditions, inclz~ding why the waterbody is navigable and/or how the destruction of the waterbody could
affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to
make the determination. IfB(7) is z~sed as the Basis of Jurisdiction, document the rationale used to make adjacency
determination: Unnamed tributaries to Fork Swamp shown on USGS maps and Soil Survey.
Page 5 of 8

Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ord inary High Water Mark indicated by: ^ High Tide Line indicated by:
® clear, natural line impressed on the bank ^ oil or scum line along shore objects
® the presence of litter and debris ^ fine shell or debris deposits (foreshore)
® changes in the character of soil ^ physical markings/characteristics
® destruction of terrestrial vegetation ^ tidal gages
^ shelving ^ other:
^ other:
^ Mean High Water Mark indicated by:
^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types.
^, Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
`] Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
^' The Corps has made acase-specific determination that the following waters present on the site are not Waters of the
United States:
^ Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
^ Artificially irrigated areas, which would revert to upland if the irrigation ceased.
^ Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
^ Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
^ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
328.3(a).
^ Isolated, intrastate wetland with no nexus to interstate commerce.
^ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
^ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
^ Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
^ Maps, plans, plots or plat submitted by or on behalf of the applicant.
^ Data sheets prepared/submitted by or on behalf of the applicant.
^ This office concurs with the delineation report, dated ,prepared by (company):
^ This office does not concur with the delineation report, dated ,prepared by (company):
Data sheets prepared by the Corps.
Corps' navigable waters' studies:
^ U.S. Geological Survey Hydrologic Atlas: Greenville SW
^ U.S. Geological Survey 7.5 Minute Topographic maps:
U.S. Geological Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
^ USDA Natural Resources Conservation Service Soil Survey:
^ National wetlands inventory maps:
^ State/Local wetland inventory maps:
^ FEMA/FIRM maps (Map Name & Date):
^ 100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
Other photographs (Date):
^ Advanced Identification Wetland maps:
Site visit/determination conducted on: 3/16/2006
Applicable/supporting case law:
^ Other information (please specify):
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e.,
occurrence of hydrophytic vegetation, hydric soils and wetland hydrology).
ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or
barriers, natural river berms, beach dunes, and the like are also adjacent.
Page 6 of 8

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__-- _ __
Applicant: NCDOT File Number: 200610791 Date: 5/4/2006
Att ached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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~I~'CJS1U11, i~~~~~111UU~t~ lllj~?I~ll1C111Ut1 111~1~' }1C f(ltlll~l ~1I hllh:' «\~'~~'.115<l~c.~lfUl~.[lll~ ~Itl~l ~UtlCtl~111~,_C1~ ~l CC11(~ ]~~~~ O['
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose o decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
Page 7 of 8

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
~Sl~('f1C)~~ II - IZLO11LS1 I'C~K~r~i'1'I~[~Lor(~BJL(_' I I(~\S 1Or~Nli~I11~L I'lZUI'fp;R~,llYFl~ti9~7~
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
PCIIV~l Ol~ CC)ti~ 1 .~C~l 1~~Of2 (~U~~TIONS OR Ii~I-UIZ1u1t~lIQI~:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review
attn: William Wescott, P.W.S. Officer
Post Office Box 1000 CESAD-ET-CO-R
Washington, NC 27889 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8 of 8