20140938 Ver 2_Approved NWP 14 (10072014)_20180611

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ActionID. 2014-01666 County: Transvlvania
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Propeity Owner / Authorized Agent: North Carolina Department of Transportation
Attn: Mr. Mark Davis
Address: 253 Webster Road
Svlva, North Carolina 28779
Telephone No.: 828-586-2141
Size and location of property (water body, road name/number, town, etc.): The aroiect is located at
Brid¢e No. 162 on SR 1361 near Piseah Forest in Transvlvania Countv, North Carolina.
Description of project area and activity: In order to replace the brid¢e with an aluminum box culvert
wiYh headwalls, the permittee is authorized to impact waters of the U.S. as follows:
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, your submitted plans, and the following special conditions:
Special Conditians
I. All work must be performed in strict compliance with the description of work and plans in the application
dated August 19, 2014. Any modification to the description of work and/or the permit plans must be
approved by the USACE prior to implementation.
2[n order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requiremenls of this fonn, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit authorization.
3. All conditions of the attached No�th Carolina W ildlife Resources Commission letter of September 18,
2014, are hereby incorporated as special conditions of this permit.

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4. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
authorization letter in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a copy of this
authorization letter, alI conditions, and any authorized modifications. A copy of this authorization letter, all
conditions, and any authorized modifications, shall be available at the project site during construction and
maintenance of this project. � ,
5. This permit does not authorize temporaiy placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area.
6. The permittee will report any violation of these conditions or violations of Section 404 of the Clean Water
Act or Section 10 of the Rivers and Harbors Act in writing to the W ilmington District, U. S Army Corps of
Engineers, within 24 homs of the permittee's discoveiy of the violation.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restora[ion 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 unti] the expiration date identified
below, provided i[ complies with alI 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 peimit, activities which have commenced (i.e., are under constiuction) 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 permi['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 Qualiry
CeiYiScation. 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 Coasta( Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Depaitment of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or Iocal approvals/permits.
]f there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Lori Beckwith at 828-271-7980. oi9��auys�q�ed by
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� Date:2014.10.0716:24:19-04'00'
Date: October 7, 2014 Expiration Date of Verification: March 18, 2017

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Determination of Jurisdiction:
A. ❑ Based on preliminary information, 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 AdminisYrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subjec[ ro 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 ro 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 notification.
D. ❑ The jurisdictional areas within the above described projec[ area have been identified under a previous action.
Please reference jurisdictional determination issued _. Action 1D �
C. Basis of Jurisdictional Determination: The stream channel in the project area is Silver G�eek and it exhibits
indicators of an ordinary high water mark and has perennial flow (RPW). Silver Creek flows into Turkey Creek >
the Davidson River> the French Broad River. The French Broad River is a water of the U.S. regulated pmsuant to
Section 10 of the Rivers and Harbors Act of 1899. This jurisdictional determination is valid for the impact areas
only.
Attention USDA Program Participants �
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identi£ed 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 pa�4icipation 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 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 request for appeal (RFA) form, If you request to appeal this determination you must
submit a completed ItFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by tlie 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
December 5, 2014.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
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• � Date:2014.10.0]16:24:38-04'00'
Issue Date: October 7, 2014 Expiration Date: Five years from Issue Date

Applicant: North Carolina Depairtment of File Number: 2014-01666 Date: October 7, 2014
Trans ortation, Attn: Mr. Mark Davis
Attached is: See Section below
INITIAL PROFFERED PERMIT (SYandard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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;li,. �/yu�s�w ix�ace ar� mi�i�ECWII'a esre �a,ersal� as iL or,Cor sre ul�tion�,a�'33 GFRParE�,37 .~< .'
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: [f 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 Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approvedjurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engiceer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the firture. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not �nodify
the permit having determined that the permil should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit 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 pennit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance ofthe LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of ceMain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 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.
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 or
provide new information.
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 alI 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
Appeal Process by completing Section lI 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.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
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 Corps district for fwrther instruction. Also you may
provide new inFormation for further consideration by the Corps to reevaluate the JD.
�E��'I����Q�S�`�l?,R�'P�A�,Qx.4������0�?�"7'O���iAL-P�iOT'���i?.�'�R�'T� ��_�
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 yow• reasons
or objections are addressed in the administiative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administra[ive 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 information or analyses to the record. However,
you may rovide additional information to clarify the location of information that is ah�eady in the administrative record.
�'OI�7�,O��O�I'I'/���'�0� QULSTIQI'1S ORTI*TRORM�`�'�C?�`I ,_ .:. ' ' �
If you have questions regarding this decision and/or the appeal If you only have questions tegarding the appeal piocess you ��
process you may contact may also contact:
Lori Beckwith, Project Manager Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office CESAD-PDO
151 Patton Ave U.S. Army Corps of Engineers, South Atlantic Division
RM 208 60 Forsyth Street, Room l OM15
Asheville, NC 28801 Atlanta, Georgia 30303-8801
828-2��'��8� 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 lhe course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the oppoitunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on lnitial Yroffered Yermits and approved Jurisdictional lleterminations sentl thfs
form to:
District �ngineer, Wilmington Regulatory Division, Attn: Lori Becicwith, Project Manager, 69
Darlington Avenue, Wilmington, NC 28403.
For Permit denials and Proffered Permits send this form to:
Division �ngineer, Commander, U.S. Army �ngineer Division, South Atlantic, Attn: Mr. Jason
Steele, Administrative Appeal Ofi"icer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta,
Georgia 30303-8801
Phone: [phone]