20160576 Ver 1_USACE Permit_20160701

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2012-01745 County: Cumberland U.S.G.S. Quad: NC-HOPE MiLLS
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: North Carolina Department of Transportation, Division 6
Mr. Greg Burns, P.E., Division Engineer
Address: P.O. Box 1150
Favetteville, NC, 28302
Telephone Number:
Size (acres)
Nearest WaYerway
USGS HUC
910-437-0207
6.7 acres
Grays Creek
03030005
Nearest Town Hope Mills
River Basin Lower Cape Fear
Coordinates Latitude:34.92912
Longitudc: -78.913632
Location description: The proiect site is located within waters of the U.S., near the intersections of Sand Hill Road (SR 2238),
Braxton Road, and Chicken Foot Road (SR 2241), southeast of interstate 95, in Hope Mills, Cumberland Countv, North
Carolina.
Description of projects area and activity: This verification authorizes impact to waters of the U.S. in association with an NC
DOT roadway safety improvement proiect at the intersections of Braxton Road and Sandhill Road along Chicken Foot Road.
Specifically, permanent impacts tota10.9 acre wetland and approximately 1151inear feet of stream channel.
Permit Site Stream impact (linear feet) Wetland impact (acres) Im act t e
Site 1* 11 linear feet 0.04 acre 60" RCP/fill
Site 2 761inear feet 0.72 acre Twin 78" RCP/fill
Site 3 161inear feet 0.14 acre 60" RCP/mechanized
land clearing
Total ermanent im acts: 103 linear feet 0.9 acres
* Additional impacts at site 1 include 0.001 acre of surface waters due to replacement of an existing 55 linear foot 60" RCP
with a new 65 linear foot 60" RCP under Braxton Road.
Applicable Law:
Authorization:
� Section 404 (Clean Water Act, 33 USC ]344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Regional Gencral Permit Number or Narionwide Permit Numbcr: NWP 23
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 June 8, 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 reinain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revolced. If, prior Yo the expiration date identified below, the nationwide permit authorizarion is reissued and/or
modified, this verification will rcmain valid unril the expiration date identified below, provided it complies with all i•equirements of
the modified narionwide permit. If the nationwide permit authorization expires or is suspended, revokcd, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, acrivities 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 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 the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verificarion, any of the conditions of thc Permit, ar the Corps of Engineers regulatory
program, please contact Sarah Hair at 910-251-4049 or Sarah.E.Hair(a�usace.army.mil.
HAIR.SARAH.EA.10 oN�T���s'o"�se�oe'Rm"e°"aE�pD693��z
Corps Regulatory Official: 54693s � 2 °° �P"' °° °�A Date: July 1, 2016
—�niasnan�+.en.iosaevssiz
Expiration Date of Verification: March 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 changc in the law or our
published regulations, this determination may be relied upon for a period not to excced five years from the date of this
notification.
C. ❑ Thcrc arc watcrs of the US and/or wctlands within thc abovc described projcct area subject to thc permit requirements of
Section 404 of thc Clcan Watcr Act (CWA)(33 USC § 1344). Unlcss therc is a change in the law or our published regulations,
this detcrmination may be rclicd upon for a period not to exceed fivc years from the date of this notification.
D. ❑ Thc jurisdictional arcas within the abovc dcscribed project arca havc been identified undcr a previous acrion. Plcasc rcfcrence
jurisdictional detcrmination issucd . Action ID: SAW- .
C. BaS1S FOI' DeteYminatiOn: The project site contains waters which exhibit indicators of an Ordinary High Water
Mark (OHWM) and meet wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual and
appropriate Regional Suppleinent.
D. Remarks:
E. 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 ar your tcnant arc USDA Program parYicipants, or anricipatc participation in USDA programs, you shotiild request
a certificd wetland determination from the local office of the Natural Rcsourccs Conservation Service, prior to starting work.
F. AppealS Inf01'matlOn (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the abovc described site. If you object to this
determination, you may request an administrarivc 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 1OM15
Atlanta, Geargia 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 rcceiv�d at the abovc address by N/A.
**It is not nccessary to submit an RFA fonn to the Di r��y��yif you do not object to the determination in this correspondence.**
HA I R.SA RA H. E HAIR.SARAH.EA.1054693512
Corps Regulatory Official: �N: �-us, o=us��o�er��»e�t,
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n=HAIR.SARAH.EA.1054693512
Date: 2016.07.01 15:03:36 -04'00'
Date of JD: July 1, 2016
Eapirarion Date of JD: N/A
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://regulatory.usacesurve. .�.
Electronic copy furnished:
Mr. Jinl Rerko, NC DOT Division 6 DEO
Ms. Joanne Steenhuis, NC DWR

SAW-2012-01745
SPECIAL CONDITIONS
1) In order 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 authorization.
2) All work must be performed in strict compliance with the plans received by this office on 6-8-
2016, which are a part of this permit. Any modification to the permit plans must be approved by the USACE
prior to implementation
3) Failure to institute and carry out the details of these special conditions will result in a directive
to cease all ongoing and permitted worlc within waters and/or wetlands associated with the permitted project, or
such other remedies and/or fines as the District Engineer or his authorized representatives may seek.
4) 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, and any authorized modifications. A copy of this permit, and any authorized modifications, including
all conditions, shall be available at the project site during construction and maintenance of this project.
5) This permit does not authorize temporary placement or double handling of excavated or fil]
material within waters or wetlands outside the permitted area.
6) The permittee will report any violation of these conditions or violations of Section 404 of the
Clean Water Act or Section 10 of the Rivers and Harbors Act in writing to the Wilmington District, U. S. Army
Corps of Engineers, within 24 hours of the permittee's discovery of the violation

Action ID Number: SAW-2012-01745 County: Cumberland
Permittee: North Carolina Deuartment of Transportation, Division 6
Mr. Gre� Burns
Project Name: NCDOT/SR 2242-SR 2238 Reali�nment/Spot Safety Proiect/Div 6
Date Verification Issued: July 1, 2016
Project Manager: Sarah Hair
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: Sarah Hair
69 Darlington Avenue
Wilmington, North Carolina 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: North Carolina Department of File N�unber: SAW-2012-01745 Date: July 1, 2016
Transportation, Division 6; Attn: Mr.
Greg Burns
Attached is:
INITIAL PROPFERED PERMIT
PROFFERED PERMIT (Standarc
PERMIT DENIAL
Pernut or Letter of
Permit or Letter of oermissi
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.l�sace.army.mil/Missions/CivilWorlcs/Re���lator.���ramandPe�-�nits.aspx
or the Corps 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 autharized. 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 tenns 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 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 pei7nit to address all of your concerns, (b) modify the permit to address some of your
objections, ar(c) not n�odify the permit having detern�ined 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 entirery, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
pennit.
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 forin 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 ll 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
infonnation.
• 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 yotii 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 JURIBDICTIONAL 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 - REQUEST 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 additiona] information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the lf 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
Sarah Hair CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 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 any site invesrigation, and will have the opporiunity to participate in all site investigations.
Date: Telephone nuinber:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Perinit denials, Proffered Permits and approved Jurisdictional Deterininations 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]