20100414 Ver 1_Other Agency Comments_20100601

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Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described p 'ect 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 area exhibits wetland criteria as described in the 1987 Corps Delineation
Manual and possesses an abutting wetland fringe all draining to Grist Mill Branch, ultimately a tributarv of the Cape Fear
River, a navigable water of the US.
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 28403
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 8/3/2010.
**It is not necessary to submit an R A form to e District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 6/3/2010
Copy Furnished:
Expiration Date 6/3/2015
NCDENR-DWQ attn: David Wainwright 2321 Crabtree Blvd Raleigh, NC 27604
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I D. 2010 902
County: Brunswick USGS Quad: Leland
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
((-)-OglY
Size and location of property (water body, road name/number, town, etc.): The secondary road improvement project
for 2.0 miles is along SR 1422 (Blue Banks Road) near Leland, Brunswick County.
Description of projects area and activity: The secondary road improvement project would widen, grade, drain, and
base the 2.0 mile of existing unpaved road to current NCDOT secondary road standards. This action would
permanently impact 0.08 acres of wetlands and 10 linear feet of stream channel.
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: 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 dated May 24, 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 (LAMA),
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 &a Date: 6/3/2010
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 littL)://www.saw.Lisace.ariny.iiiii/WETLANDS/iiidex.htm] to
complete the survey online.
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