20160358 Ver 1_USACE Permit_20160421

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-01252 County: Pender U.S.G.S. Quad: NGTOPSAIL
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT-Division En�ineer Agent: SEPI EnE. & Const.
attn.: Ms. Karen Collette, P.E. attn.: Mr. Jason Hales
Address: 5501 Barbados Blvd. 5030 New Centre Drive, Suite B
Castle Havne, NC 28429 Wilmin�ton, NC 28403
Size (acres) 2.89 Nearest Town Hampstead
Nearest Waterway Onslow Bav River Basin New River
USGS HLJC 03020302 Coordinates Latitude: 34.4087031627926
Longitude: -77.6372771619997
Location description: The proiect is located alon� SR 1765 (Pebble Beach Rd.), 0.75 miles southeast of US 17 in Pender Countv.
Description of projects area and activity: The plans would up�rade the roadwav to State standards which includes widening the
travel wav, moving ditches, and paving. Impacts associated with this authorization would include 0.02 of an acre of permanent
wetland fill, 0.04 of an acre of excavation in wetlands, 0.02 of an acre of inechanized land clearin�, and 431inear feet of 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 or Nationwide Permit Number: NW-14
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 4/12/2016, application
signed 4/8/2016, and revised C-1 sheet received 4/15/2016. 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 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 permit authorization expires or is suspended, revoked, ar is modified, such that the
activiry 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 authorized provided the
activity is completed within rivelve months of the date of the nationwide permiYs 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 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 Brad Shaver at 910-251-4611 or Brad.E.Shaver(�a,usace.army.mil.
�igrtally zignetl by SHPVEF.BMp E�3�56o1�s6
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Corps Regulatory Official: Date: 4/21/2016
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 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 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
jurisdictional determination issued . Action ID: SAW- .
Basis For Determination: The subject area exhibits wetlands criteria as described in the 1987 Corps Delineation
Manual and displays an ordinary high water mark with both types of features draining toward Mullet Run.
Remarks: A waiver from the use of filter fabric has been approved. The PJD was completed via a
desktop determination.
^ DigiGlly signed by SHAVER.BRAD.E.7276601756
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Corps Regulatory Official:
Brad Shaver
Date of JD: 4l21/2016
Expiration Date of JD: None P7D
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 u_ l�atory.usacesurvev.com/.
Copy furnished(electronic):
NCDEQ-DWR attn.: Mr. Mason Herndon

Action ID Number: SAW-2013-01252 County: Pender
Permittee: NCDOT-Division 3
Project Name: NCDOT / Pebble Beach / Near poral Drive / SR 1765 / Div 3
Date Verification Issued: 4/21/2016
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-Div 3 File Number: SAW-2013-01252 Date: 4/21/2016
Attached is: E
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permissi
n PROFFERED PERMIT (Standard Permit or Letter of nermission)
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
�
:
0
0
0
SECTION I- 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.anny.mil/Missions/CivilWorks/Re u�ryProgramandPennits.aspx
or the Coms re�ulations 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 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 tertns and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you obj ect 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, ar(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
pernut.
APPEAL: If you choose to 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.
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 instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - RE UEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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.
PO1NT OF CONTACT FOR QUESTIQNS OR INFORMATION:
If you 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 investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of an site investi ation, and will have the o ortuni to artici ate in all site investi ations.
Date: Telephone number:
Si nature of a ellant or a ent.
For appeals on Initial Proffered Permits sehd this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and approved 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]

69 Darlington Ave
Wilmington, NC 28403
ACTION ID: SAW-2013-01252
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting Nationwide Permit/Regional General Permit Verification
1. Applicant: NCDOT-Division 3
2. Project Location (Waterway, Section, Township, Range, City, County, State):
Nearest Waterway Onslow Bav
Nearest Town Hampstead
County Pender
State NC
USGS HLTC 03020302
Location description: SR 1765
3. Pre-Construction Notification Receipt Date: 4/12/2016
Complete? ❑Yes �No
4. Additional Information Requested Date(s): 4/20/2016, requested data sheets
5. Pre-Construction Notification Complete Date: 4/2U2016
6. Waters of the US: Yes
*see Jurisdictional Determination form(s) and/ar Preliminary JD letter(s) dated: PJD attached to NW decision
7. Authority: CWA 404
8. Project Description (Describe activities in waters of the U.S. considered for verification):
Potential future secondary road uroiect.
9. Type of Permit Requested: NW-14
10. Pre-construction Notification Required: Yes, wetlands impacted
11. Waiver required to begin work (see GC 31 (a)(2) as applied to appropriate NWPs): ❑Yes � No
Rationale:
12. Coordination with Agencies/Tribes Needed: ❑Yes �No Date:
Resolution:
13. Commenting Agencies:
❑ a. US Fish and Wildlife Service
❑ b. US Environmental Protection Agency
❑ c. National Marine Fisheries Service

❑ d. State Agency (list commenting state agencies)
❑ e. State Historic Preservation Office
� £ Other: none
14. Substantive Issues Raised and Corps Resolution (Consideration of Comments): no
15. Compliance with Other Federal Laws (If specific law is not applicable write N/A):
a. Endangered Species Act: ❑N/A
(1) Name of species present: None present or habitat
(2) Effects determination: No Effect
(3) Date of Service(s) concurrence:
(4) Basis far "no effect" determination:
(5) Additional information (optional):
b. Magnuson-Stevens Act (Essential Fish Habitat): ❑N/A
(1) Name of species present: none present
(2) Effects determination: No Effect
(3) Date of Service(s) concurrence:
(4) Basis for "no effect" determination:
(5) Additional information (optional):
c. Section 106 of the National Historic Preservation Act: ❑N/A
(1) Known site present: ❑ yes � no
(2) Survey required/conducted: ❑ yes ❑ no
(3) Effects determination: No Effect
(4) Rationale:
(5) Date consultation complete (if necessary):
(6) Additional information (optional):
d. Section 401 Water Quality Certification: ❑N/A
(1) Individual certification required: ❑ yes ❑ no
(2) Individual Certification: ❑Issued ❑Waived ❑Denied
(3) General Certification required: � yes ❑ no
(4) Additional Information (optional):

e. Coastal Zone Management Act:
�/ .
(1) Individual certification (CAMA Major) required: ❑ yes ❑ no
(2) Individual certification: ❑Issued ❑Waived ❑Denied
(3) Other CAMA permit required: ❑ yes ❑ no
(4) Additional information (optional):
f. Wild and Scenic Rivers Act:
(1) Project located on designated or "study" river: ❑ yes �no
(2) Managing Agency:
❑N/A
(3) Date written deternunation provided that the project will not adversely affect the Wild and Scenic River designation or study
status:
(4) Additional information (optional):
g. Other:
❑N/A
16. Special Conditions Required (include rationale for each required condition/explanation for requiring no special conditions):
None
a. The activity is conducted in accordance with the information submitted and meets the conditions applicable to the NWP, as
described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions.
17. Compensatory Mitigation Determination: The applicant has avoided and minimized impacts to the maximum extent practicable.
a. Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and
cumulative adverse environmental effects to a minimal level? No
�If "no, " do not complete the rest of this section and include an explanation of why not hereJ
b. Is the impact in the service area of an approved mitigation bank? ❑ yes ❑ no
(1) Does the mitigation bank have appropriate number and resource type of credits available? ❑ yes � no
c. Is the impact in the service area of an approved in-lieu fee program? ❑ yes ❑no
(a) Does the in-lieu fee program have appropriate number and resource type of credits available? ❑ yes 0 no
d. Check the selected compensatory mitigation option(s):
❑ mitigation bank credits
❑ in-lieu fee program credits
❑ pernuttee-responsible mitigation under a watershed approach
❑ pernuttee-responsible mitigation, on-site and/or in-kind
❑ permittee-responsible mitigation, off-site and/or out-of-kind

e. If a selected compensatory mitigation option deviates from the arder of the options presented in §332.3(b)(2)-(6), explain why
the selected compensatory mitigation option is environmentally preferable. Address the criteria provided in §332.3(a)(1) (i.e., the
likelihood for ecological success and sustainability, the location of the compensation site relative to the impact site and their
significance within the watershed, and the costs of the compensatory mitigation project):
Determination (Reference Section D. Distrzct Engineer's Decision):
The proposed activity, with proposed mitigation (if applicable) would result in no more than minimal individual and cumulative
adverse environmental effects and would not be contrary to the public interest provided the special conditions and/or modifications
identified in the above sections are incorporated. This project complies with all terms and conditions of NW-14 , including any
applicable regional conditions.
PREPARED BY:
Digitally signed by SHAVER.BRAD.E.7276601756
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Date: �016.0421 07:59:10 -04'00'
Date: 4/21/2106
Brad E Shaver
Project Manager