20160175 Ver 1_USACE Permit_20160307

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00448 County: Northampton U.S.G.S. Quad: NC-WOODLAND
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pernuttee: NCDOT Division 1
Paul Williams
Address: 113 Airport Drive
Suite 100
Edenton, NC, 27932
Telephone Number:
Size (acres) Nearest Town
Nearest Waterway Cutawhislae Creek River Basin Meherrin
USGS HUC 03010204 Coordinates Latitude: 36.2900059047013
Longitude: -77.2348822536892
Location description: The proiect is located on NCSR 1522 (Eagletown Road) approximatelv 1.5 miles south of the intersection
with NC 305/561 south of Woodland in Northampton Countv, North Carolina.
Description of projects area and activity: NCDOT proposes to replace an existing 114" bv 60' corrugated metal pipe located
within Cutawhislae Creek approximatelv 1.5 miles north of the intersection of NCSR 1522 and NC 305/361 south of Woodland
in Northampton Countv, North Carolina
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: NWP 3 Maintenance.
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 02/29/2016. 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, 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 authorized provided the activity is completed
within twelve months of the date of the nationwide permit's eapiration, modificarion or revocarion, 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 Elizabeth 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 verificatioq any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Tracev Wheeler at 910-251-4627 or Tracev.L.Wheeler(�a,usace.armv.mil.
WHEELER.TRACEY.L.127 p„'°'�s'a^;,'s°�QmEme�,'"�`�pa;,1e;p;82
Corps Regulatory OfficiaL �s9s�sz oa�e.p�b.ai.a���.=�a=-0=aa 1e95182 Date: 03/07/2016
Expiration Date of Verification: 03/18/2017

Determination of Jurisdiction:
A. � Based on preliminary informatioq 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 notif'ication.
D. ❑ The jurisdictional areas within the above described project area Y�ave been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW- .
Basis For Determination: Area delineated by NCDOT Environmental Officer.
E. Attention USDA Program Participants
This delineation/determination l�as been conducted to identify the limits of Corps' Clean Water Act jurisdicrion 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 or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals InfOrmatiOn (This information applies only to approved jurisdictional determinations as indicated in B
and C 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 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, Georgia 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 tY�at it Y�as 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 ob�ect to the determination in this correspondence.**
Digitallysigne byWHEELERTRACEY.L12 1895182
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�, Date:2016.03.07112734 -05'00'
Tracey Wheeler
Date of JD: 03/07/2016
Expiration Date of JD: 03/07/2021
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 ul�atorv.usacesurve, .�.

SAW-2016-00448
SPECIAL CONDITIONS
This permit does not authorize placement of fill material in the stream.
Any impacts to waters are temporary and must be restored to preproject contours and elevations.

Action ID Number: SAW-2016-00448 County: Northampton
Permittee:
Project Name:
NCDOT Division 1
Paul Williams
NCDOT/NCSR 1522 (Ea�letown Road)/Culvert Replacement
Date Verification Issued: 03/07/2016
Project Manager: Tracev Wheeler
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: Tracey Wheeler
2407 West Stb Street
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. 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 Di��ision 1 File Number: SAW-2016-00448 Date: 03/07/2016
Paul Willi�ms
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Peimit or Letter of nennission
PROFFERED PERMIT (Standard Peinlit or Letter of permission
PERMIT DENIAL
APPROVED NRISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
�
:
0
0
0
SECTION I- The following identifies your rights and options regardirig an admnlistrative appeal of the above decision.
Additional infoi7nation m�y be found at or http://www.usace.armv.mil/Missions/CivilWorlcs/Regulato .�r�ro�ramandPeimits.ast�x
or the Coros reQulations 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 penuit document and return it to the district engineer for final
authorization. If you received a Letter of Peimission (LOP), you may accept the LOP and your work is authorized. Your
si�nature on the Standard Permit or acceptance of the LOP means that you acce�pt the permit in its entirery, and wlive all
rights to appeal the permit, inchiding its terms and conditions, and approved jurisdictional determin�tions associated with the
pennit.
OBJECT: If you object to the perinit (Standard or LOP) because of certain tei7us and conditions therenl, you may request
tllat the pennit be modified accordingly. You must complete Section II of this form and return the foim to the district
engineer. Your objections must be received by the district en�ineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the pennit in the fiiture. Upon receipt of your letter, the district engineer will evahiate your
objections and may: (a) modify the per�nit to address all of your conceins, (b) modify the peimit to address some of your
objections, or (c) not inodify the peimit having detennined that the permit should be issned as previously written. After
evaluating your objections, the district engineer will send you � proffered penllit 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 Peimission (LOP), you may accept the LOP and your worlc is �uthorized. Your
si�nature on the Standard Pei�nit 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
penllit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) becaiise of certain terms and conditions therein,
you may appeal the declined pein7it tmder the Corps of Engineers Adminisnative Appeal Process by completing Section II of
this form and sending the foim to the division engineer. This foi�n must be received by the division engineer within 60 days
of the d�te of this notice.
C: PERMIT DENIAL: You may appeal the denial of a peimit under the Coips of En�ineers Adminisnative Appeal Process by
complering Section II of this foi7n and sending the form to the division engineer. This form inust be received by the division
enguieer withui 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
uifoiniation.
ACCEPT: You do not need to notify the Coips to accept an approved JD. Failure to notify the Corps within GO days of the
d�te of this notice, means th�t you accept the approved JD in its entirety, �nd waive all ri�hts to appeal the approved JD.
• APPEAL: If you disagree with t�ie approved JD, you may appeal the approved JD under the Coips of Engineers
Administ�ative Appeal Process by completing Section II of this fonn and sending the foim to the disU-ict engineer. This forin
must be received by the division en�ineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to res�ond to the Coips regarding the
preliminary JD. The Preliminaiy JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Coips district for further insri-uction. Also you may provide new infonnation for further consider�tion by the
Coips 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 pennit in clear concise stateinents. You inay attach additional information to this foi7n to cl�uify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the adininistrative record, the Coips inemorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has detei7nined is needed to
clarify the ldministrative record. Neither the appellant nor the Coips may add new information or analyses to the record.
However, you may provide additional infornlation to clarify the location of infoinlation that is already in the administrative
record.
PO1NT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
If you have quesrions reQardiug this decision and/or the If you only have quesrions regarding the appeal process you may
appeal process you may contact: also contact:
Disri�ict En�ineer, Washington Regulatorv Field Ofiice, Mr. Jason Steele, Administrative Appe11 Review Officer
Attn: Tracev Wheeler CESAD-PDO
2407 West 5r'' Street U.S. Aimy Corps of Engineers, South Atlantic Division
W�shington, Noi�th C�►rolina 27889 60 Forsyth Street, Room 1OM15
Atlanta, Geor�ia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your si�nature below grants the right of enriy to Coips of Engineers persomiel, 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 opportuniry to parricipate in all site investigations.
Date: Telephone nuinUer:
SiQnanue of appellant or a�ent.
FOl" U]IIIG'ClIS OI? I1�111QI PI'OffC'Y('Cl i�C'i•fnits send this foi"lY/ /O:
District Engineer, Washington Re�al��tory Field Office. Attn: Tr�cev Wheeler, 2407 West 5"' Street, Washington, Nortl�
Carolina 27889
For Pe�•mit denirrls, P�•offe�•erl Per»iits and approred Jrrrisdictional Dete�•�nin�rfions se�7d fhis fo�•�n to:
Division Engineer, Comm�nder, U.S. Army Engineer Division, South Atlanfic, Attv: Mr. Jason Steele, Administrati� e Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Aflanta, Georgia 30303-8801
Phone: [phone]