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Home My WebLink About20000846 Ver 3_USACE Correspondence_20171114e - - U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2017-02360 County: Guilford County NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Applicant: Piedmont Triad Airport Authority Agent: Michael Baker International attn.: Alex Rosser attn: Terry Burhans Address: 1000-A Ted Johnson Parkway Address: 8000 Regency Parkway, Suite 600 Greensboro, NC 27409 Cary, NC 27518 Size and Location of Property (waterbody; road name/number, town, etc.): The project area is located on the south side of West Market Street approximately 1.15 miles east of its intersection with NC 68, at 71.901 and 7503 West Market Street, Greensboro, Guilford County, North Carolina. Description of Activity: Clearing aboveground portions of trees and other vegetation to remove obstructions of Your work as.proposed does not require Department of the Army authorization for the following reason(s): _ There are no jurisdictional waters or wetlands within the boundaries of the property. X The proposed project does not have a regulated impact on jurisdictional waters or wetlands. The proposed project is exempt from Department of the Army regulation. Specify: (33 CFR & 323.4) This Department of the Army.determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal Management to discuss any required State authorization. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of Engineers regulatory program, please contact David E. Bailey at telephone number 919-554-4884, ext. 30 or David.E.Bailey2Cir)usace.a=.mil. jI' Digitally signed by BAILEY.DAVID.E.1379283736 r - DN: c=US, o=US. Govemment,ou=DoD, ou=PKI, ou=USA, -cn,=8A1LEYDAViD.E.1379283736 Project Manager Signature •Date 2017.,,.14oB:A856-05'00' Date: November 14, 2017 Copies Furnished: Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 j e SAW -2017-02360 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-02360 County: Guilford U.S.G.S. Quad: NC -Guilford NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Piedmont Triad Airport Authority Attn: Alex Rosser Address: 1000-A Ted Johnson Parkway Greensboro, NC 27409 Size (acres) --�52 Nearest Town Greensboro Nearest Waterway UT to East Fork Deep River River Basin Cape Fear USGS HUC 03030003 Coordinates 36.088086 N, -79.948418 W Location description: The project area is located on the south side of West Market Street, approximately 1.15 miles east of its intersection with NC 68 at 7501 and 7.503 West Market Street Greensboro Guilford County North Carolina Indicate Which of the Followine Apply: A. Preliminary Determination ® There appear to be waters including wetlands, on the above described project area/property, 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). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/22/2017. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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,'wbich is an appealable action, by contacting the Corps district for further instruction. ' ❑ There appear to be waters including wetlands, on the above described project area/property, 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). However, since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including wetlands, on your project drea/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the pennit 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 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. ❑ There are waters including wetlands, on the above described project area/property 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. ❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey SAW -2017-02360 will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on SURVEY SIGNED DATE. 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. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in )Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, constriction or placement of strictures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sectidns 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David E. Bailev at PM PHONE or PM E -HAIL. C. Basis For Determination: See the preliminary jurisdictional determination form dated 11114/2017. D. Remarks: None. E. Attention USDA Program Participants This delineation/detemiination has been conducted to identify die 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 jurisdictional determinations as indicated in B. 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 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 S W, Room 1011115 Atlanta, Georgia 30303-8801 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** i DlgiWilysigned by BAILEYDAVID.E.1379283736 kDN: ..tR=BAILEY.DAND.E1379283736 SUS, o=US. GmmmenL ou=DoD, ou=PKI, ou=USA, Corps Regulatory Official: Dare:2017,91.140&145•S3-05.00' Date of JD: 11/14/2017 Expiration Date of JD: Not applicable 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 the Customer Satisfaction Survey located at http://e(2Msmapu.usace.antiy.mil/ern ayex/f'1)=136:4:0. Copy furnished: Terry Burhans, Michael Baker International, 8000 Regency Parkway, Suite 600, Cary, NC 27518 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 Ir _ - SAW -2017-02360 SITRWI P A, "A xW1 A"t Wbb N box WD , , g QF1, AMINJ Al 'AP, Ea Of Mw Applicant: Piedmont Triad Airport Authority (Attn: Alex Rosser) File Number, SANV-2017-02360 Date: 11/14/2017 Attached is: See Section below [J INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED, PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C. ❑ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ONI ad "ti .. .... Thu�r p" gJ&ntif1gs,y`6'iik,.,rjgh pOons,� ye, 6i"IM", n 6 may found rV 0 SDXT'! ohnIJ lv`� orki ato nan er, W ire _� ck A: INITIAL PROFFERED PERMIT: You 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 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 approved jurisdictional 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 If of this form and return the form to the district engineer. Your objections must be received by the district engineer xAthin 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. 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 modify the permit having determined that the permit 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 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 approved jurisdictional determinations associated with the permit. I • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain 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 If 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 DETERN-UNATION: 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 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 Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELV81INARY 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 information for ffirther consideration by the Corps to reevaluate the JD.