20160296 Ver 1_USACE Permit_20160406

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ld. SAW-2016-00639 County: New Hanover U.S.G.S. Quad: NGCASTLE HAYNE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT - Division 3-Engineer
Karen Collette, P.E.
Address: 5501 Barbados Blvd
Castle Havne, NC, 28429
Agent: NCDOT-DEO
Stonewall Mathis, P.E.
SSOI Barbados Blvd
Castle Havne, NC 28429
Size (acres) 0_5 Nearest Town Castle Hayne
Nearest Waterway Prince George Creel� River Basin Northeast Cape Fear
USGS HUC 03030007 Coardinates Latitude: 34.3172681057628
Longitude: -77.8932108285929
Location description: The proiect area is located along Blue Clav Road (SR 1318) approximatelv 0.68 miles SW of US 117, New
Hanover Countv.
Description of projects area and activity: This verification authorizes the replacement of a twin pipe crossing (42"&30" bv 54')
with a new 95" by 67" by 54' long pipe along the same alignment. The Aroiect would result in permanent impacts to 41 linear
feet of channel and 61 linear feet of temporarv channel impacts.
Applicable Law:
Authorization:
� Secrion 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Regional General Permit Number or Nationwide Permit Number: NW-3
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND 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 application package dated 3/23/2106. 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 authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued andlar
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 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 permit, will remain autharized provided the
activity is completed within twelve months of the date of the nationwide 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 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 (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 tbe 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 910-251-4611 or Brad.E.Shaver(a�usace.army.mil.
) D�igitally signed by SHAVER.BRAD.Et 2J6601)56
� � � ��ypt �wr�µ� ou=U5A5cn=SHAVER.BR�D.E.12JfibO1J�56u=PKl,
Cor s Re ulato Official: �are20160405135s�,�-0^���� Date: 4/5/2016
Expiration Date of Verification: 3/18/2017

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 acrion 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 may be 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
jurisdicrional determination issued . Action ID: SAW- .
Basis For Determination: The subject area (Prince George Creek) exhibits an ordinary high water mark and is
tributary to the Cape Fear River
Remarks: A waiver is granted from the use of filter fabric.
Digitally signed by SHAVER.BRAD.E.1276601756
��r p j`��� DM c=US, o=U.S. Govemment, ou=DoD, ou=PKl,
L���p�r1 ou=USA,cn=SHAVER.BRAD.E.1276601756
Corps Regulatory OffiCial: �ate:zo�e.oa.osia:ss:a9-oa�oo�
Brad Shaver
Date of JD: 4/5/2016
Expiration Date of JD: NOne 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 online at http://re ug latory.usacesurvey.com/.
Copy furnished(electronic):
NCDEQ-DWR attn.: Mr. Mason Herndon

Action ID Number: SAW-2016-00639 County: New Hanover
Permittee:
Project Name
NCDOT - Division 3
Karen Collette, P.E.
NCDOT / SR 1318 / Blue Clav Rd / pipe replacement / Division 3
Date Verification Issued: 4/5/2016
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
69 Darlington Ave
Wilmington, NC 28403
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

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT - Division 3 File Nuinber: SAW-2016-00639 Date: 4/5/2016
Karen Collette
Attached is: E
INITIAL PROFFERED PERMIT (Standard Permit or Letter of p
PROFFERED PERMIT (Standard Permit or Letter of nermission
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELiMiNARY JURISDiCTIONAL DETERMINATiON
See Section below
�
:
0
0
�
SECTION 1- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorl<s/Rc�ilatoryProgramandPermits.aspx
or the Coms regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you inay sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you inay 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
pennit.
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 inust 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 Peimit, 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 to decline the proffered permit (Standard or LOP) because of certain tenns 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.
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 district 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 instrucrion. Also you may provide new informarion for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
R�ASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons far appealing the decision ar your objections to an initial
proffered pennit in clear concise statements. You may attach additiona] 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 far 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 adininistrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If yoLi have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer
Brad Shaver CESAD-PDO
69 Darlington Ave U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403 60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct invesrigations 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 opportuni to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Per�rcits and appr^oved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

,� rr,ac�rn�Enrr a
PRELIMINARY JURISDIC"TIC]�NAL QETEFiMINATI�N FnRM
B,I�CKCFtOUND I1�F+�3REIIIATION
A. REPORT CUMPLETI(JN D►4TE FOR PRELIIViI�JARif JURlSC}f�TI�1�A�
DETERMIIVAT�+DN {JD):3rz�rz��s
B. NAiUIE A�fD At]i7RESS CIF PERSQN FtE{�UESTING PRELfMINARY J�:
Stvnewaftl Mathis - hlC�d7 - Div. 31DE0 5501 Barbados Blvd. Casife Hayne, NG 28429
C. DISTRICT QFFiCE, FILE NAME, A�J� NIJIIIiBE�t:
USACE Wifmingtan bistrict
Q. PR{]JECT L{]�CATfQN(5� ANQ BACKGRC7UND IMFQRMATIQ�J:
New Hanauer Cor�nty - SR t398 Blue Clay Rd Pipe Replacemerrt Prajeck at �.67 miles southwest of U5 117
(LJS� THE A�TACME[3 TAB�E TD I�QGIJMENT MU�TIPLE WATERBODI�S AT DiFFERENT
SITES)
�t�tf3: N� COU�If]II��I'iSfII�JL71'Ql.9C,��1: �ew �anQ�er Gff]!: �astle F�ayne
Center caardinates of sit� (la�'I�ng in degree decimal focm�t}:
Lat, 34.�j�so� °�1; L0�1�. 77.893128 °Vll.
Vk'j�V�..7�±a,a� TiC�nsu"er�J� IVI���c�t�}'�� GC5_Norih_Amertcan_7883_NAO_7993_Sta[ePlane_North_Carra[ina_FIFS_3200_Feet
N�i1�iE pf i1��rES� Wa��.al�bC]dy: Ufi to Prince Gevrge Creek SID# 18-74-53
Id�ntify (estimate) amour�t of water� in the review �rea:
NQn-wetland waters:
-�o� linear feet: �� width (fi) andlor acres,
�pyM1��rC�ll�l ���SS: Fiiverirae LQwer Perennial Unc[anspfidated 8oitom Sand
Stream Flaw: �Qrennial (Permanentfy �laoded]
�Et�c`�C1,�S: � �CCE.'S.
Cow�rdin Class: ���
Nam� �af any water bc�dies vn the site that have been identified �s S�ction 1�
wat�rs:
Tidal: �a
Non-Tidai: �R

E. REVIEW P'ERF4RIVIEQ FQR SlTE EV�►LUATIQhI {C�lECI( ALL THAT
APPLY):
� afFice �Desk) I�etermin�tion. Date: _
� Field De#ermina�ian, Date(s}:
SUPPQRTING QATA. Qa�a reuiewed' for preliminary JD
{chec�C all that a�ppfy - che�ked items shoui�I be inclu�ded in case file and,
wh�re checked and requested, appropriate�y r�ferer�ce sources below�:
� Maps, �lans, pCats or plat submitted by or or� behalf af the
appfiGantict�nsultar�i; �c❑�r
� E�ata sheets �reparedlsubmitted by ar on �ehalf af the
appl�canticansuftant.
C]ffice cancurs wiih data sh��tsldeiineation re�o�#.
C]fiFice does r�of cancur wit� d�ta sheetsl�efineatia��r report.
� C3ata shee�s prepared hy the Gorps:
❑ Carp� n��vigable wa#�rs' study:
� U.S. +Ge�lagicaf Suruey Hydrofogic Aflas;
❑ USGS NF�D ciata
� USGS � ar�d 12 digii HUC m�p�
� U.S. Geol�r�icaf Starvey map{sj. �ite scale & q�aci narne: c�5�e��v��f����B�55�,Q��>
� U5[]A Natur�l F�esnurces Con�enration Serv�ce �oii SurveY-
Gitation:
❑�latic�nai wetlands ir�ventary map(sj. Gite name:
� 5tatelLc�cal wetland inven#ory map(s):
❑ FENIAIF1R�li rnaps:
� 1 �C�-year �'lao��fain El��ratiaru is:
(�fati�nal Geodectic V�rtica� []atum c�f 19�9}
� PhQtog�'aphs: � Aerial (Nam� � �ate�: ar��is �aas ��
Q Qth�r �Nam� & Q�te}: arG�is ��a�r �
� PreviQus d�termina#ian(s}. Fi�e no. �r�d date af r�sp�ns� I�tter:
� QfilE'.T [C1f41'I71�t101'1 �p�EaSE S�}��i�]I�: Permit Drawings and Permit F�ppEicati[�n

1. Th�; Gor�s nf Engineers believ�s �hat t�rer� may be j�risdictir�nal waters of the
United States on the s�bje�t site, artd the permit applicant or other aife�ted par�y
who r�quested this prelim�nary JD is hereby ad�rised Qf his or her c�{ation �o
request �nd o�tain an approved jurisdictional d�terminatian �,1D} fior tha# site.
Never�heless, the permit a�plican# vr o#her pers�n who req�uesied thi�
preiiminary Ja has d�clined to exe�ci�e the ❑ptian tv a�atain an appra�ee� JD in
�his instanc� and at this t�m�:.
�. In any circumstance where a permit applicant ak�#ains an fndiwidual permit, �r
a Nat�anwide General Permit (NWF�} or other general permit verificafian rec�uirin�
"pre-cc�nstrtactian natificativn" �P�N}, Qr r�quests verification fc�r a nan-reparting
NWP or ather general permit, and the permit a�plicant h�s rro# req�esi�d an
approved JC+ fvr the activify, the permi# appficant is hereby rnade aware af th�
foflawing; �1) the permit applicant has electe� fo seek a permit a�tthorizativn
based an a preliminary ,�[�, which does nat make an �fficial determination ot
jurisdictianal waters; (2} th�at the appficant h�s the aptian �a req�est an ap,�ro�ve�
JD befor� accepting the terms and c�nditions of the permit autharization, and
that t�asir�g a permit �u#hariza#Eon on ar� �pprc��ed JD co�ld possi�ly re��lt in I�ss
compensatary mitigat�on beirtg required or differ�nt special condit�rans; {3} that
th� applicarat has �he right to request an iradividuaf permit rather than accepfing
the terms and cflndi�ians of the �fWP or other g�neral p�rmit authorization; �4}
tha# the appliean# can accept a permit autharrzatian �nd ther�by ac�ree �c� c�mply
with ali #he terms and c�nditions of that �r�rrnit, includin� wh�tever rnitigaiir��
r€�quirements the Cr�rps has deterrr�inec� to be necessary; {5} that undertaking
�ny activity in reliance upon the �u�je�t �er�mit authorizat�ara withoui requesting
an apprav�d ,�D canstitutes the applicani's �c�eptance �f the use �f the
pr�[imina�y Ja, f�ut that either form of JD will �e prc�cessed as savn as is
�ractic�ble; (�} accept�ng a permit authorizati�n (e.g., signing a prof�ered
indi�id�ual permi#) or und�rta{�iro� any activity i� r�iiar�ce �n any f�rrr� o� Carps
permit autha��zaii�n �ased on a pr�finninary JD �onstit�ut�s agr��rrient #hat a�l
v+retfancls and other water b�di�s on the site a�'ected in any way by that activity
ar� jur€sdictianal wa#ers flf the IJnited States, and precludes any �ho�[I�nge to
s�ch jurisdicti�r� i� any administrative o� judic��G com,pliar�c� ar enfiorcemer�t
actian, a� in any administrative appeal or in ar�y Federal caurt; �nd (7} whether
ihe applicant elects tc� use either a� approved �fQ ar a prel6mina�y JD, tha� JD
will be proc�ssed as soar� �s is practicable. Furth�r, an �pprv�v�d JQ, a pra�#er�d
irrdividual permit �and ali terms and cc�nditi�rns cantain�d therein}, or ine#ividual
permii denia! can be admi�istrative�y app��led pursuant t� 33 C.F.R. Part 331,
an� fhat �n any administratiae appeal, jurisdictio�nal issues e�n be ra�sed �see 33
G.F,R, 331.5(a)�2)). If, during that admini�trative �ppeal, it b�comes ne�essary
ta ma�Ce an ��ficiai d�fermination whether GWA jurisdiction ex�sts �ver a site, �r
tc� pravide an afficial �d�line�tion �f jur�sdictianal wa��rs �n 1F�� site, th� Corp� w�ll
pravide an apprav�d JD ta a�cvrr�pNish t�at resuCt, �s saon as is �racticable.

This preliminary JD finds t�tat th�r�e "may b�" waters af the lJnited States on the
��bject pro�ect site, ar�d identifi�s a!I aquatic featur�s o� the site #hat c�uld be
affected k�y the propased actiwi#y, ba�e� c�n the falfa�rving intarmation:
lMPC]RT►4hIT NQTE: The infvrmaf�on recvrded vn this form ha� no#
nece�sarif been verifre�d b the Cor s and shvuld not f�e r�lied u an fv�'
iater iurisdictia�ral det�rminations.
Digitally signed by $HAVER.BRAD.E1D6601756
� �� DN: c=US, o=U.S. Govemment, ou=DoD,
ou=PKl, ou=USA,
rn=SHAVER.BRAD.E.1 D6601756
Date 2016.04.05 14:07:40 -04'00'
Signature and date af
F2e�ulatory Prt�ject Marrager
(REQUlREa}
��
v
�,������
+gna�ure arrd d� e vf
person requesting preliminary JD
(REQUIR�Q, unless obtainirrg
th� signature is impracticabl�}

Estimated
amaunt vf
aqu�tic Class vf
' Cowardin resvurce in Aquatic
Site Latitude Lvngitude Class re�iew �rea Resource
Riveri�e Lawer Nan-section 1[} -
Biue Clay Rd SR Perennia[ non-wetland
1318 New l�ncc�nsofidated (P�re�ni�l
Hanaver Caunty 34.3173C]Sd�gN 77.893128degW Bottorr� Sand ^2Qp feet Stream]