20180156 Ver 1_SAW-2018-00252 NCDOT R-5738 Kitty Hawk Road Improvements_Bridge 40_20180312

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-00252 County: Dare Countv U.S.G.S. Quad: Kittv Hawk
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) 8 Nearest Town Kitty Hawk
Nearest Waterway Currituck Sound River Basin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude: 36.0726
Longitude: -75.7294
Location description: The proiect is located on W Kitty Hawk Road starting at Bob Perry Road going east to .17 miles west of
Bridge #137 in Kittv Hawk, North Carolina.
Description of projects area and activity: The proiect will involve the widenin� of a one mile reach on W Kittv Hawk Road and
filling of 0.047 acres of iurisdictional wetlands and lO linear feet if waters, the replacement of Bridge #137 with a 65' x 40'
bridge, and the movin� of existin� utilities.
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: 14 & 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 Februarv 5, 2018. 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.WILLIAM.1 p _ 9^" �a"""""�"""`°""138803'91
Corps Regulatory Official: 3asoss39� oa�.=��a�=,=�o<3==�.� "�°'_", Date: March 12, 2018
Expiration Date of Veriiication: 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 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 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 far 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
deternunation issued . Action ID: SAW- .
Basis For Determination: The Waters that are within the uroiect area are tributaries of the Currituck Sound, a
TNW and the abutting wetlands flow unimpeded to those tributaries.
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 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 InfOrmatlOn (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 30303-8841
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.**
Digitally signed by BARNES.KYLE.WILLIAM.138803539]
7 �` 7 BARNES.KYLE.WILLIAM.1388035397 DN:c=US,o=U.S.GovernmenLou=DOD,ou=PKl,ou=USA,
CO�Snegula+�ry Ol�Clal. rn=BARNES.KYLE.WILLIAM.1388035397
i\ 1. 11 Date:2016.03.1210:45:46-04'00'
Kyle Barnes
Date of JD: #ACTION DATE DECISION MAILED#
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.mil/cm apex/f?p=136:4:0.

SAW-2018-00252
SPECIAL CONDITIONS
A. The regional condition for NWP 14 & 12 excludes the use of this permit for discharges into Waters
of the United States designated by either the North Carolina Division of Marine Fisheries (NCDMF)
or the North Carolina Wildlife Resources Commission (NCWRC) as an inland PNA during the
prohibited period of February 15 - September 30. This project shall adhere to that moratorium.

Action ID Number: SAW-2018-00252 County: Dare Countv
Permittee: Clav Willis, NC Department of Transportation
Project Name: NCDOT R-5738 Kittv Hawk Road Improvements/Bridge 40
Date Verification Issued: March 9, 2018
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 ADIVIINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
App11Ca11t: NC Department of Transportation Flle Numbei': SAW-2018-002_52 Date: March 9, 2018
Clay Willis
Attached is:
INTTIAL PROFFERED PERMIT (Standard Permit oi Letter of p
PROFFERED PERMIT (Standard Permit or Letter of permission
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
ission) A
B
C
D
E
SECTION I- The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or
Corns re�ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: YoLi 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 Lettcr 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 entircty, and waive all rights to appcal the
perniit, including its terms and conditions, and approved jLirisdictional determinations associated with the permit.
OBJECT: If you object to tl�e permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must coinplete Section II of this form and return the fornl to tl�e dish•ict engineer. Your
objections must be received by the district engineer within 60 days of the date of this norice, or yoti will forfeit your right to appeal
the perinit in the fitture. Upon rcceipt of your letter, the dist�ict engineer will evaltiate your objections and may: (a) modify the
pennit to address all of yotu- concerns, (b) modify the permit to address some of your objections, or (c) not modify the pennit
having deternlined that the pernlit should be issued as prcviously written. After evaluating your objections, the district engincer
will send you a proffered pei7nit 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 Pennit, you may sign the pern�it document and return it to the district eugineer for final
authorization. If you received a Letter of Permission (LOP), you may accept tl�e LOP and yot�r work is authorized. Your signature
on the Standard Permit or acceptance of the LOP ineans that you accept the pennit in its entirety, and waive all rights to appeal the
pemlit, including its terms and conditions, and approved jurisdictional deternunations associated with the permit.
APPEAL: If you choose to declinc the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Adminishative Appeal Process by completing Section II of this form
and sending the forin to the division engineer. This form �nust be received by the div�ision 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 II 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 ar
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 you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appcal Process by completing Section Il of this fonn and scnding the form to thc division 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
infonr�ation for further consideration by the Corps to reevaluate the JD.
SECTION II - REQLTEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decisioii or your
objections to an initial proffered permit in clear concise statements. You inay attach additional information to
t11is form to clarify where your reasons or objections are addressed in the ad�ninistrative 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 infonnation 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 information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this d�cision and/or the If you only have questions regarding the appeal process you inay
appeal process you may contact: also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division, CESAD-PDO
Attn: Kyle Barnes U.S. Ariuy Corps of Engineers, South Atlantic Division
2407 West St" Street, Washington, NC 27889 60 Porsyth 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 nivestigation, and will have the opportunity to participate in all site iuvestigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Per�nits send tliis form to:
District Engineer, Wilmington Regulatory Division, Attn: Kyle Barnes, 2407 West 5th Street, Washington, NC 27889
For Permit denials, Proffeved Permits and Approved Jurisdictional Determinations send this for»z 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]