20140513 Ver 1_Email NCDOT Bridge 3 US 264 Low Impact Bridge_20140801

• 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 - 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 informarion or analyses to the record.
However, you may provide additional 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 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
Tracey Wheeler CESAD-PDO
2407 West St� Street U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina, 27889 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 investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant ar agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regalatory Division, Attn: Tracey Wheeler, 2407 West St� Street, Washington, North Carolina
27889
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]

ACTION ID: SAW-2014-01401
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting Nationwide Permit/Regional General Permit Verification
1. Applicant: NCDOT, Division Engineer
Jerry Jennings
2. Project Location (Waterway, Section, Township, Range, City, Counry, State):
Nearest Waterway Pamlico Sound
Nearest Town Stumpy Point
County Dare
State NC
USGS HUC 3020105
Location description: NCDOT proposes to replace existing Brid�e #3 over Deep Creek. The proiect is located on
US Hi�hwav 264 approximatelv 2.2 miles north of the Hvde Countv/Dare Countv line in Dare Countv, North Carolina.
3. Pre-Construction Notification Receipt Date:
Complete? Yes No
4. Additional Information Requested Date(s):
5. Pre-Construcrion Notification Complete Date: 07/03/2014
6. Waters of the US: Coastal Wetlands
*see Jurisdictional Determination form(s) and/or Preliminary JD letter(s) dated:
7. Authority: 10/404
8. Project Description (Describe activities in wateYs of�the U.S. considered for^ verification):
NCDOT proposes to replace an existing 100ft bv 26 ft bridge over Deep Creek with a 150 ft bv 30 ft bridge. The proiect is
located on US Highwav 264 approximatelv2.2 miles from the Dare Countv/Hvde Countv line southwest of Stumpv Point, Dare
Countv, North Carolina. The proiect will impact 0.107 acres of iurisdictional wetlands, which were desi�nated Coastal
Wetlands bv NCDCM.
9. Type of Permit Requested: NWP 3 Maintenanee and NWP 12 Utility Line Activities.
10. Pre-construction Norification Required: without PCN
11. Waiver required to begin work (see GC 31 (a)(2) as applied to appropriate NWPs): Yes X No
12. Coordination with Agencies/Tribes Needed: Yes X No Date:
Resolurion:
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:
14. Substantive Issues Raised and Corps Resolution (Consideration of Comments):
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:
(2) Effects determination:
(3) Date of Service(s) concurrence:
(4) Basis for "no effect" determination:
(5) Addirional infarmation (optional):
b. Magnuson-Stevens Act (Essential Fish Habitat): N/A
(1) Name of species present:
(2) Effects determination:
(3) Date of Service(s) concurrence:
(4) Basis for "no effecY' determination:
(5) Additional information (optional):
c. Secrion 106 of the National Historic Preservarion Act: N/A
(1) Known site present: yes no
(2) Survey required/conducted: yes no
(3) Effects determination:
(4) Rationale:
(5) Date consultation complete (if necessary):
(6) Additiona] information (optional):
d. Section 401 Water Quality Certification: N/A
(1) Individual cerrification required: yes no
(2) Individual Certificarion: Issued Waived Denied
(3) General Certification required: X yes no
(4) Additional Information (optional):
e. Coastal Zone Management Act: N/A
(1) Individual certification (CAMA Major) required: X yes no
(2) Individual certification: X 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 determination 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):
Verified With Special Conditions
a. The activity is conducted in accordance with the informarion submitted and meets the condirions applicable to the NWP, as
described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions.
b. In order to avoid adverse impacts to the West Indian Manatee , NCDOT must comply with Guidelines for Avoiding Impacts to
the West Indian Manatee: Precautionary Measures for Construction Activiries in North Carolina Waters.
c. All urilities must be installed a minimum of 40 feet below the canal bottom, as shown on the project plans.
d. In order to protect fishery resources, no in-water work may occur between Aprill and September 30 of any year.
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
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 no
d. Check the selected compensatory mitigation option(s):
mitigation bank credits
in-lieu fee program credits
permittee-responsible mitigation under a watershed approach
permittee-responsible mitigation, on-site and/or in-kind
permittee-responsible mitigation, off-site and/or out-of-kind
e. If a selected compensatory mitigarion option deviates from the order 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 compensarion site relative to the impact site and their
significance within the watershed, and the costs of the compensatory mitigation project):
Determination (Reference Section D. District 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 secrions are incorporated. This project complies with all terms and conditions of NWP 3 Maintenance
and NWP 12 Utility Line Activities, including any applicable regional conditions.
PREPARED BY:
Date: 08/O1/2014
Tracey L. Wheeler
Regulatory Project Manager