20170952 Ver 1_Corps permit_20170907

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-01674 County: Hvde Countv U.S.G.S. Quad: Ponzer
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Clav Willis
NC Department of Transportation
Address: 113 Airport Drive
Edenton, NC, 27932
Telephone Number: [phone]
Size (acres) 1 Nearest Town Belhaven
Nearest Waterway Pungo River River Basin Pamlico
USGS HUC 03020104 Coordinates Latitude: 35.5671
Longitude: -76.4468
Location description: The qroiect site is located on US 264 over Rutman Creek one mile west of the Pungo-Alligator
Intracoastal Water Wav. (35.5671/-76.4468)
Description of projects area and activity: The proiect will involve the replacing of an existing 179 X 30' bridge with a 210' X
33' bridge over Rutman Creek and relocation of existing utilitv.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
� Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pernut Number or Nationwide Pernut Number: 3&12
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 8/31/2017. 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 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 Resources (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 verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Kvle Barnes at [phone] or Kv1e.W.Barnes(�a,usace.armv.mil.
BARNES.KYLE.WILLIA p �
Corps Regulatory Official: M.i3aao3s39� o�� =m���"�""3��no"""�°'�' Date: Sentember 7, 2017
Expiration Date of Verification: March 18, 2022

Determination of Jurisdiction:
A. � There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work tY�at could alter the hydrology of waters of the United States.
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 (RHA) (33 USC § 403) and 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.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a cY�ange 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: Waters and Wetlands within the proiect area were identified utilizing the US Armv
Corps of Engineer 1987 Wetland Delineation Manual and the Atlantic and Gulf Coast Region Supplement.
E. Attention USDA Program Participants
This delineation/determination Y�as 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 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 jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction 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 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 received at the above address by x/A .
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
BARNES.KYLE.WILLIAM.138803539 oN"�'�s'a"`°�w""�mse'"`a�'�oa�'ppas�9usa
rn=BAPNES.KYLE W ILLIAM.1 38803 5 3 9]
Corps Regulatory Official: � �M�����.�.���4:92:=����
Kyle Barnes
Date of JD: September 7, 2017
Expiration 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, located online at
http://corpsmapu.usace. army.miUcm_apex/f?p=136:4:0.

SAW-2017-01674
SPECIAL CONDITIONS
A. The fill associated with this project will require compensatory mitigation within the Tar-Pamlico
HUC 03020104 at a ratio of 1:1 for 0.09 acres of Riparian Wetland impacts and 0.06 acres of
Coastal Wetland impacts.
B. All work authorized by this permit must be performed in strict compliance with the submitted plans,
which are a part of this permit.

Action ID Number: SAW-2017-01674 County: Hvde Countv
Permittee: Clav Willis, NC Department of Transportation
Project Name: NCDOT B-5602
Date Verification Issued: September 7, 2017
Project Manager: Kvle Barnes
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: Kyle Barnes
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
App1iC�11t: NC Depai•tmevt of Transportation File Nulnber: SAW-2017-01674 Date: September 7, 2017
Clav Willis
Attached is:
INITIAL PROFFERED PERMIT (Standard Pei7nit or Letter of p
PROFFERED PERMIT (Standard Permit or Letter of pei7nission
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
sion) A
B
C
D
E
SECTION I- Tlie following identifies yoLu rights and options regarding an administrative appeal of the al�ove
decision. Additional information may be found at htt�://www.usace.armv.mil/inet/functions/cw/cecwo/reg or
Coras re�ulations at 33 CFR Pai�t 331.
A: INITIAL PROFFERED PERMIT: You may accept or• object to the permit.
• ACCEPT: If yoii received a Standard Pei7lut, you may sign the pei711it doctunent aiid ret�un it to the district engineer for final
anthorization. If von received a Letter of Pei7iussion (LOP), you inay accept the LOP and vom� worl� is authorized. Your signan�re
on flze Standard Pennit or acceptance of the LOP means that you accept the pernut in its entirety, and waive all rights to a�peal the
pernut, including its tei7ns a��d conditions, and approved jnrisdictional detei7ninations associated with the pei7iut.
OB7ECT: If yotl object to the pernut (Stalida��d or LOP) because of certain tei7ns a�id condirions therein, yoli may request that the
pernut Ue modified accord'u1�ly. You must coniplete Section II of this form and return the fonn to the district engineer. Yot�r
objectioi�s must be received by the district engineer within 60 days of the date of this notice, or you will foi-�eit yotu right to appeal
the pernut ii�i the fiittue. Upoi�i receipt of yoiu letter, the district ei�ineer will evah�ate your obj ections and may. (a) inodify the
pennit to address all of yotu� concen�is, (b) modiiy the pernut to address some ofyour objectioi�is, or (c) i�iot inodify the pernut
haviiig detei7luiied that the pennit should Ue issued as previously written. After evaluatnig your objections, the district en�ineer
will send you a proffered penlut for your recoi�siderarion, as indicated ii�i Section B below.
B: PROFFERED PERMIT: You inay accept or appeal the permit
• ACCEPT: If you received a Standard Peniut, you inay sign the pern�it docuinent and renun it to the district enguleer for final
authorization. If you received a Letter of Penlussion (LOP), yon inay accept the LOP and yotu� work is authorized. Your signature
on the Standard Pennit or acceptance of the LOP means that you accept the pernut in its entirety, and waive all rights to appeal the
pernut, including its tei7ns a��d conditions, and approved jurisdictional detei7ninations associated with the peniut.
APPEAL: If you choose to decline the proffered pei7iut (Stu�dard or LOP) because of certain tenlis a�7d conditions therein, you
inay appeal the declined pernut under the Corps of Engineers Adnuiustrative Appeal Process by coinpleting Section II of tlus foi7n
and sending the foi7n to the division engineer. Tlus form must be received by the division engineer within 60 days of the date of
tlus notice.
C: PERMIT DENIAL: You may appeal the denial of a pennit undet• the Corps of Engineers Administrative
Appeal Process Uy completing Section II of this foi7n and sending the forin to the division enQineer. This form
must be received t�y the division engineer within 60 days of the date of this notice. �
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the appi•oved JD or
provide new infoi-�1lation.
• ACCEPT: You do not need to notiiy the Corps to accept an approved JD. Faihire to notiiy the Corps within 60 days of the date of
tlus notice ineans that yon accept tlie approved JD in its entirety, a�ld waive all riglits to appeal tlie approved JD.
• APPEAL: If you disagree with the approved JD, yon may appeal the approved JD mider the Coips of Engineers Adnurustrarive
Appeal Process by coinpleting Section II of this fonn and sending the form to the division engineer. Tlus form inust be received by
flie division engineer witlun 60 days of the date of tlus notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Coips
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 Coips disti-ict for further instruction. Also you may provide new
information for fi.irther consideration by the Corps to reevalLiate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (DescriUe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional infor�nation to
this form to clarify where yoiir reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Coips
memoraiidum for the record of the appeal confereiice or ineeting, and any supplemental infoi-�nation 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. Howevei•, you may provide additional inforination to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
If you have quesrions regarding this decision and/or the If you only have questions regarding the appe�l process you may
appeal process you ivay contact: also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division, CESAD-PDO
Attu: K�-1e Barnes U.S. Ainly Corps of EnQineers, South Atlantic Division
2407 West Sr'' Street, Washington, NC 27889 60 Forsyth Street, Rooin 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) �62-5137
RIGHT OF ENTRY: Your signature below grants the i7ght of enny to Coips of Engineers personiiel, and any goveinment
consultants, to conduct investigations of the project site dui7ng the course of the appeal process. You will be provided a 15 d1y
notice of any site investigation, 1nd will have the opportuniry to participlte in all site investigations.
Date: Telephone number:
Sianature of appellant or agent.
For appeals orr bzitial Proffered Permits serrd tlzis for�rr to:
District Eugineer, Wilmington Regul�tory Division, Attn: Kyle Barnes, 2407 West 5"' Street, Washitigtou, NC 27889
For Perrnit de�zials, Proffere�l Permits and Approved Juris�liction�rl Deter�nin�rtions send this forin to:
Di��ision Engu�eer, Comm�nder, U.S. Armp Engiueer Di� ision, South Atlavtic, Attn: Mr. Jason Steele, Admiuistrati��e Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Afl�►nta, Georgi� 30303-8801
Phone: [phone]