20100373 Ver 1_Other Agency Comments_20100228

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Determination of Jurisdiction:
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'?'OST/FR Qp?? 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 Administrative Appeal Process
( Reference 33 CFR Part 331).
? 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 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 to exceed five years from the date of this
notification.
® 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.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued _ Action ID _
Basis of Jurisdictional Determination: The subject areas exhibit both a mean high water mark and characteristics described in
the 1987 Coro Delineation Manual with both features draining to Moores Creek as evidence from the field visit on 3/30/2010.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
Attn:Brad Shaver, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Ave
Wilmington, North Carolina 28402-1890
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 District 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 7/24/2010.
RFA form to the District Office if you do not object to the determination in this correspondence.**
**It is not necessary to submit a?ni I
Cotes Regulatory Official: {//? t"Mf?
Date 5/24/2010
Expiration Date 5/24/2015
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
NCDENR-DWQ attn: David Wainwright 2321 Crabtree Blvd. Suite 250 Raleigh, NC 27604
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AM
Action ID. 2010 830
County: Pender USGS Quad: Costin
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: NCDOT - Division 3 NCDOT - Division 3
Address: attn: Allen Pope attn: Mason Herndon
124 Division Drive 124 Division Drive
Wilmington, NC 28401 Wilmington, NC 28401
Size and location of property (water body, road name/number, town, etc.): The project is located along SR 1214 where
it crosses tributaries and wetlands draining to Moores Creek, Pender County.
Description of projects area and activity: The project involves the replacement of an existing 48" by 36' CMP pipe
with a new 60" by 41' pipe with headwalls. This replacement will result in the permanent loss of an additional 5'
of stream channel. Additionally another 0.09 acres of headwater wetlands will be impacted to create safe road
shoulders as the road moves into a curve.
Applicable Law: M 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: NW-14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans received May 14, 2010. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order 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 Quality (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.
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 Brad Shaver at 910-251-4611.
Corps Regulatory Official 19-d GUFt?tX? Date: 5/24/2010
Expiration Date of Verification: 3/18/2012
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 attached customer Satisfaction Survey or visit http://www.saw.usace.anny.miVWETLANDS/index.htmt to
complete the survey online.
U.S. ARMY CORPS OF.ENGINEERS
WILMINGTON DISTRICT
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