20190426 Ver 1_NWP 3_20190507

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00770 County: Beaufort County U.S.G.S. Quad: Edward
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Michael Aman
NCDOT
Address: 1037 W.H. Smith Boulevard
Greenville NC, 27834
Telephone Number:
Size (acres) Nearest Town
Nearest Waterway Durham Creek River Basin Pamlico
USGS HUC 03020104 Coordinates Latitude: 35.3186
Longitude:-76.8812
Location description: Bridge 40 on SR 1932 over UT to Durhams Creek, Beaufort County, North Carolina.
Description of projects area and activity: Replace structurally deficient and functionally obsolete bridge on existing location.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number:
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR 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 May 6, 2019. 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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general 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 Morehead 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 Thomas Steffens at [phone] or Thomas.A.Steffens(a,usace.army.mil.
Corps Regulatory Official: STEFFENS.THOMAS.ANC Digitally signed by
Date: May 6, 2019 p M138,
47 STEFFENS.THOMAS.ANCRUM.1284706273
Expiration Date of Verificat o : 8202206273 Date: 2019.05.06 16:31:41-04'00'

SAW-2019-00770
A. Determination of Jurisdiction:
1. ® 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.
2. ❑ 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.
3. ❑ 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.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Remarks:
D. 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
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 10M15
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
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. D' ; II A b
Corps Regulatory Official: STEFFENS.THOMAS.A
NC&RUM.1184706273
Date of JD: May 6, 2019 Expiration Date of JD.
i9ita y 3i9ne y
STEFFENS.THOMAS.ANCRUM.1284
706273
Date: 2019.05.06 16:31:22-04'00'

SAW-2019-00770
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://cop2smapu.usace.army.mil/em_apex/Vp=136:4:0.

SAW-2019-00770
SPECIAL CONDITIONS
B-4433 Bridge 40 Beaufort County
1. Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached permit
plans dated April 10, 2019 which are a part of this permit. The Permittee shall ensure that the construction
design plans for this project do not deviate from the permit plans attached to this authorization. Any
modification to the attached permit plans must be approved by the US Army Corps of Engineers prior to any
active construction in waters or wetlands.
Rationale: This condition ties the permittee's project plans to the permit.
a. Except as authorized by this permit or any U.S. Army Corps of Engineers approved modification to this permit,
no excavation, fill, or mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands, or shall any activities take place that cause the
degradation of waters or wetlands. There shall be no excavation from, waste disposal into, or degradation of,
jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit,
including appropriate compensatory mitigation. This prohibition applies to all borrow and waste activities
connected with this project. In addition, except as specified in the plans attached to this permit, no excavation,
fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within, into, or out of waters or
wetlands or to reduce the reach of waters or wetlands.
Rationale: Special Conditions 1a clarify that only the impacts to waters of the US specified by the project plans
(specified in Special Condition 1) are approved by this permit.
2. Permit Distribution: The Permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit 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
permit. A copy of this permit, including all conditions, drawings and attachments shall be available at the
project site during the construction and maintenance of this project.
Rationale: This condition is intended to ensure proper permit limit communication between the applicant and its
contractors.
3. Reporting Address: All reports, documentation, and correspondence required by the conditions of this permit
shall be submitted to the following: U.S. Army Corps of Engineers, Wilmington District Washington Regulatory
Field Office, Attn: Mr. Thomas Steffens, 2407 West 5th St., Washington, NC 27889. The Permittee shall reference
the following permit number, SAW-2019-00767.
4. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and manner as the

Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -
project condition.
Rationale: This condition documents the permittee's responsibility to restore permitted impacts to their pre -
project condition in the event of permit revocation
S. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the Clean Water Actor
Section 10 of the Rivers and Harbors Act shall be reported to the Corps in writing and by telephone at: 910-251-
4615 within 24 hours of the Permittee's discovery of the violation.
Rationale: Special Conditions 4, 5 and 7 specify compliance reporting contacts and requirements.
6. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall be free from
items such as trash, construction debris, metal and plastic products, and concrete block with exposed
reinforcement bars. Soils used for fill shall not be contaminated with any toxic substance in concentrations
governed by Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material
placed in waters or wetlands shall be generated from an upland source.
Rationale: This condition addresses potential indirect impacts to waters of the US from contaminated fill
material
7. Endangered Species Act: The Permittee shall implement all necessary measures to ensure the authorized
activity does not kill, injure, capture, harass, or otherwise harm any federally -listed threatened or endangered
species. While accomplishing the authorized work, if the Permittee discovers or observes an injured or dead
threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington District, Washington
Regulatory Field Office, Attn: Thomas Steffens at 910-251-4615, or [e-mail] will be
immediately notified to initiate the required Federal coordination.
The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological Opinion (BO) titled "Northern Long-eared
Bat (NLEB) Programmatic Biological Opinion for North Carolina Department of Transportation (NCDOT) Activities
in Eastern North Carolina (Divisions 1-8)," dated March 25, 2015, and adopted on April 10, 2015, contains
mandatory terms and conditions to implement the reasonable and prudent measures that are associated with
"incidental take" that are specified in the BO. Your authorization under this Department of the Army permit is
conditional upon your compliance with all the mandatory terms and conditions associated with incidental take
of the BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the
terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would
constitute an unauthorized take, and it would also constitute non-compliance with your Department of the
Army permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of
its BO, and with the ESA.
Rationale: Consideration of protected species.
8. Culverts:
1) Unless otherwise requested in the application and depicted on the approved permit plans, culverts
greater than 48 inches in diameter shall be buried at least one foot below the bed of the stream.
Culverts 48 inches in diameter and less shall be buried or placed on the stream bed as practicable and

appropriate to maintain aquatic passage, and every effort shall be made to maintain existing channel
slope. The bottom of the culvert shall be placed at a depth below the natural stream bottom to provide
for passage during drought or low flow conditions. Culverts shall be designed and constructed in a
Manner that minimizes destabilization and head cutting.
2) Measures shall be included in the construction/installation that will promote the safe passage of fish
and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe
or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream
in connection with the construction activity. The width, height, and gradient of a proposed opening shall
be such as to pass the average historical low flow and spring flow without adversely altering flow
velocity. Spring flow should be determined from gauge data, if available. In the absence of such data,
bankfull flow can be used as a comparable level.
3) The Permittee shall implement all reasonable and practicable measures to ensure that equipment,
structures, fill pads, work, and operations associated with this project do not adversely affect upstream
and/or downstream reaches. Adverse effects include, but are not limited to, channel instability,
flooding, and/or stream bank erosion. The Permittee shall routinely monitor for these effects, cease all
work when detected, take initial corrective measures to correct actively eroding areas, and notify this
office immediately. Permanent corrective measures may require additional authorization by the U.S.
Army Corps of Engineers.
4) Culverts placed within wetlands must be installed in a manner that does not restrict the flows and
circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the
purposes of equalizing surface water shall not be buried, but the culverts must be of adequate size
and/or number to ensure unrestricted transmission of water.
Rationale: Special Conditions 11(1-4) are intended to reduce secondary impacts from culvert installation
in streams.
9. Sediment and Erosion Control:
1) During the clearing phase of the project, heavy equipment shall not be operated in surface waters or
stream channels. Temporary stream crossings will be used to access the opposite sides of stream
channels. All temporary diversion channels and stream crossings will be constructed of non -erodible
materials. Grubbing of riparian vegetation will not occur until immediately before construction begins
on a given segment of stream channel.
2) No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within
jurisdictional waters, including wetlands, unless the impacts are included on the plan drawings and
specifically authorized by this permit. This includes, but is not limited to, sediment control fences and
other barriers intended to catch sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed in waters and/or
wetlands, and shall restore natural grades on those areas, prior to project completion.
4) The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and

Design Manual" to ensure compliance with the appropriate turbidity water quality standard. Erosion
and sediment control practices shall be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to
ensure compliance with the appropriate turbidity water quality standards. This shall include, but is not
limited to, the immediate installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project shall remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A, Article 4).
Adequate sedimentation and erosion control measures shall be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. These measures shall be
inspected and maintained regularly, especially following rainfall events. All fill material shall be
adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent
waters and wetlands.
Rationale: This condition addresses potential indirect impacts to waters of the U.S. from fill material
resulting from erosion.
10. Temporary Fills: Within thirty (30) days of the date of completing the authorized work, the Permittee shall
remove all temporary fills in waters of the United States and restore the affected areas to pre -construction
contours and elevations. The affected areas shall be re -vegetated with native, non-invasive vegetation as
necessary to minimize erosion and ensure site stability.
11. Borrow and Waste: To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent waters and wetlands, except as authorized by this permit, the Permittee shall require its
contractors and/or agents to identify all areas to be used as borrow and/or waste sites associated with this
project. The Permittee shall provide the U.S. Army Corps of Engineers with appropriate maps indicating the
locations of proposed borrow and/or waste sites as soon as such information is available. The Permittee shall
submit to the Corps site -specific information needed to ensure that borrow and/or waste sites comply with all
applicable Federal requirements, to include compliance with the Endangered Species Act and the National
Historic Preservation Act, such as surveys or correspondence with agencies (e.g., the USFWS, the NC-HPO, etc.).
The required information shall also include the location of all aquatic features, if any, out to a distance of 400
feet beyond the nearest boundary of the site. The Permittee shall not approve any borrow and/or waste sites
before receiving written confirmation from the Corps that the proposed site meets all Federal requirements,
whether or not waters of the U.S. , including wetlands, are located in the proposed borrow and/or waste site. All
delineations of aquatic sites on borrow and/or waste sites shall be verified by the U.S. Army Corps of Engineers
and shown on the approved reclamation plans. The Permittee shall ensure that all borrow and/or waste sites
comply with Special Condition 1, second paragraph of this permit. Additionally, the Permittee shall produce and
maintain documentation of all borrow and waste sites associated with this project. This documentation will
include data regarding soils, vegetation, hydrology, any delineation(s) of aquatic sites, and any jurisdictional
determinations made by the Corps to clearly demonstrate compliance with Special Condition 1, second
paragraph. All information will be available to the U.S. Army Corps of Engineers upon request. The Permittee
shall require its contractors to complete and execute reclamation plans for each borrow and/or waste site and
provide written documentation that the reclamation plans have been implemented and all work is completed.
This documentation will be provided to the U.S. Army Corps of Engineers within 30 days of the completion of the
reclamation work.

Rationale: This condition limits secondary and cumulative impacts of the project.

Action ID Number: SAW-2019-00770 County: Beaufort County
Permittee: Michael Aman
NCDOT
Project Name: NCDOT B-4433 Bridge 40 SR 1932 UT Durham Creek NW 3
Date Verification Issued: May 6, 2019
Project Manager: Thomas Steffens
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: Thomas Steffens
Washington Regulatory Field Office
2407 West 5th Street
Washington, North Carolina
27889
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