20171227 Ver 1_Corps permit_20171013

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-02081 County: Hvde Countv U.S.G.S. Quad: New Holland
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pernuttee: Paul Williams
NCDOT Division 1
Address: 113 Airport Drive
Suite 100
Edenton, NC, 27932
Telephone Number:
Size (acres) 0_5 Nearest Town Engelhard
Nearest Waterway Pamlico Sound River Basin Pamlico
USGS HUC 03020105 Coordinates Latitude: 35.4079935707713
Longitude: -76.1446058927978
Location description: The qroiect is located on SR1108 White Plains Road aqqroximately 0.53 miles east of the intersection
with Nebraska Road near the town of Engelhard in Hvde Countv, North Carolina.
Description of projects area and activity: The proiect will involve the replacement of a 40 foot long RCP with a 36" wide bv 60
foot long CAP and associated 0.01 acres of fill.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 3
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 September 29, 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 �A�Es'�� w�°C�aM,��34s,
Corps Regulatory Official: M.i3aao3s39� ��m; o^,A�,���no^^°13� �"'� Date: October 13, 2017
Expiration Date of Verification: March 18, 2022

Determination of Jurisdiction:
A. � There are waters 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
deterxnination 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 that 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 perxnit
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 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 proiect area encompasses waters, (manmade canal), that flows directly to
Wvsocking Bav, a TNW.
Remarks:
E. Attention USDA Program Participants
This delineation/deterxnination 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 or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland deterxnination 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) forxn. If you request to appeal this
deterxnination you must submit a completed RFA forxn to the following address:
US Arxny 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 N/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, DigitallysignedbyBARNES.KYLEWILLIAM.1388035397
DN: c=US, o=U.S. Government, ou=DoD, ou=PKl,
1388035397 ou=USA, cn=BARNES.KYLE.WILLIAM.1388035397
Corps Regulatory Official: °ate:z°,'.,°.,3,,:,°:4'-��°°�
Kyle Barnes
Date of JD: October 13, 2017
E�iration 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=13 6:4:0.

SAW-2017-02081
Action ID Number: SAW-2017-02081 County: Hvde Countv
Permittee: Paul Williams, NCDOT Division 1
Project Name: NCDOT SR 1108 WHITE PLAINS RD
Date Verification Issued: October 13, 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
AppliCallt: NCDOT Division 1 File Nunlber: SAW-2017-02081 Date: OctoUer 13, 2017
Paul Williams
Attached is:
INITIAL PROFFERED PERMIT (Standard Permit or Letter of p
PROFFERED PERMIT (Standard Permit or Letter of permission
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
sion) A
B
C
D
E
SECTION I- The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional infot7nation may be found at http://www.usace.armv.mil/inet/functions/cw/cecwo/reQ or
Coros 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 Pennit, you inay sign the periuit docuinent and reti�rn it to t11e district engu7eer for final
authorization. If you received a Letter of Pein�ission (LOP), you may accept the LOP aild your work is authorized. Yoi�r signature
on the Standard Penuit or acce�tance of the LOP iueans that yoii accept the permit in its entirety, and waive all rights to a��eal the
pernut, including its tenns and conditions, and ap�roved jiirisdictional detenninations associated with t11e pernlit.
OBJECT: If you object to the pernut (Standard or LOP) becat�se of certaul teni�s a�ld conditions tliereii�, you may request tY�at the
pernut be modified accordingly. You must coi�plete Section II of this form and reh�rn the fonn to the district engineer. Yotu
objections illust be received by the district engineer within 60 days of the date of this notice, or you will forfeit� your riglit to appeal
the perinit in the fiih�re. Upon receipt of your lett�er, the dist�ict en�ineer will evahiate your objections and may: (a) modify t11e
pern�it to address all of your concei7is, (b) modiiy the pennit to adci�ess some of yotu� objections, or (c) not tnodify the pei7nit
having detern�ined tl�at the pernlit should be issued as previously written. After evaluatnlg yotu objections, tlie dishict engineer
will send you a proffered pein�it for your recoi�sideration, as indicated 'ni Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Staudard Peinlit, you may sign the pernlit doct�ent aild return it to the disirict engnieer for fulal
authorization. If you received a Letter of Pein�ission (LOP), you may accept the LOP aild your work is authorized. Yoi�r signature
on the Staildard Peinlit or acceptai7ce of the LOP meaus tl�at you accept the permit nl its entirery, aild waive all rights to appeal the
permit, including its ternls and conditions, and approved jurisdictional detenuinations associated with the permit.
APPEAL: If yoii choose to decline the proffered �ennit (Standard or LOP) because of certain terms and conditions therein, you
i�ay appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Secrion II of this fornl
and sending t11e foi7n to the division engineer. This form inust be received by the division engineer witllin 60 days of the date of
this norice.
C: PERMIT DENIAL: You inay appeal the denial of a permit under the Cotps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the foi-m to the division engineer. This foi-m
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 notiiy the Corps witlun 60 days of the date of
flus notice ineans that you accept tlie approved JD u� its entuery, a�Id waive all riglits to appeal tlie approved JD.
• APPEAL: If you disagree with the approved JD, you ivay appeal the approved JD under the Corps of Engineers Adviuustrative
Appeal Process by completing Section II of flus fonu and sendulg t11e foriu to the division engineer. Tlus forin imist t�e received by
the division engineer within 60 days of the date of tlus notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminaty JD. The Preliminaty JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Coips district foi• further instruction. Also you inay provide new
information for fui•ther consideration 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 ot• your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this foi-m 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 oi• meeting, and any supplemental information that the
review officer has determined is needed to clarify the adininistrative 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 inforination 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:
Mr. Jason Steele, Adminisirative Appeal Review Officer
District Engineer, Wilmington Regulatory Division, CESAD-PDO
Attn: Kyle Barues U.S. Army Corps of Engineers, South Atlantic Division
2407 West Ste Street, Washington, NC 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 opporiunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For uppeals on Initial Proffere�l Permits send this for�n to:
District Engineer, Wilmington Regulatory Division, Attn: Kyle Barnes, 2407 West 5�h Street, Washington, NC 27889
For Pe�mit de�zials, Prof'fered Permits nnd Approved Jurisdiction�d Determinations sen�l 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]