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HomeMy WebLinkAbout20130052 Ver 1_404 Permit_20130425U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2013 -00762 County: Guilford U.S.G.S. Quad: NC- SUMMERFIELD GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Perrnittee: NC Department of Transportation Gregory Thorpe Address: 1598 Mail Service Center Raleigh, NC, 27699 -1598 Telephone Number: 919- 707 -6129 Size (acres) 2.9 acres Nearest Town Summerfield Nearest Wateiwav_ Reedv Fork River Basin Haw. North Carolina. USGS HUC 3030002 Coordinates Latitude: 36.1797259999996 Longitude: - 79.907306 Location description: The project location is Bridge 120 over Reedv Fork Creek on SR 2128, near Summerfield in Guilford Countv, NC. NCDOT has identified this proiect as TIP B -4756. Description of projects area and activity: This permit verifies 0.03 -acre of permanent forested wetland impact during the replacement of Bridge 120 over Reedv Fork Creek on SR 2128, near Summerfield in Guilford Countv, NC. Due to the minimal loss of water, no compensatory mitigation is required. NCDOT has identified this proiect as TIP B -4756. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 23 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND 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 January 9, 2013. 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 919 - 807 -6300) to determine Section 401 requirements. For activities occurring within the riventy 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 in Morehead City, NC, at (252) 808 -2808. 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 Monte Matthews at 919 - 554 -4884 x30 or Monte .KMatthews'd.usace.armv.mil. /) j �}�t Digitally signed by ref _._j,. .yJ(a ;ti,__ MATiH[WS.MO NTL K. 1284867633 Corps Regulatory Official: Monte Matthews �'° 111 Dat, 2 °13. °4251434°°- °4°° Date: 4/25/2013 Expiration Date of Verification: 3/18/2017 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 Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ 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. 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 project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW- Basis For Determination: Use of the 1987 Wetlands Delineation Manual and the current regional supplement. Remarks: This determination is limited to the permit area only, and does not extend to other areas of the property. E. 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 Conseivation Seivice, prior to starting work. F. Appeals Information (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 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 Forsvth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 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 6/23/2013. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** n1 Digitally zig.ld by M— HEWS.MONTE.K.128486I633 Corps Regulatory Official: Monte Matthews i D- .2013.°4.251434,30 - 0 Date of JD: 4 /25/2013 Expiration Date of JD: 4 /25/2018 Action ID Number: SAW- 2013 -00762 County: Guilford Permittee: NC Department of Transportation Gregory Thorpe Project Name: NCDOT / B4756 / SR2128 / BR120 / DIV7 Date Verification Issued: 4/25/2013 Project Manager: Monte Matthews 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: Monte Matthews 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. 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 Applicant: NC Department of Transportation I File Number: SAW- 2013 -00762 Date: 4 /25/2013 Attached is: I See Section belo- U 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 F-1 PRELIMINARY JURISDICTIONAL DETERMINATION E ,; �CT�O�T I �'T'�e o��c���pg;��e�I�i�� your. r��k�t� aid �ptio� �Egard��,an �drx�z��r�ta�� Optical pf the above de���ii. ' A�ldt��ax��l zti'q�m0t}ca,may';b� f��tiad allit�p: llw :trace:arinfi��il /in�t7fitn�t�ris `levy /ce`�w� /r��; 6r `„ Coxp�`regt�latons at�33 F"R Part 33'I: {z 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 receik-ed 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 ,vaive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated ,vith 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 engineer. Your objections must be receik-ed by the district engineer ,,within 60 days of the date of this notice, or you 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 ,N- ritten. After evaluating your objections, the district engineer,,N -111 send you a proffered permit for your reconsideration, as indicated in Section B belo,,N -. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you receik-ed 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 ,vaive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated ,vith the permit. • 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 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. 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 ne-,N- 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 , aive 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 II of this form and sending the form to the district engineer. This form must be recei"-ed 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 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 ne-,N- information for further consideration by the Corps to reevaluate the JD. { ECTIUN II - REQTES I FUR A1Z'EA it O$JEC IQIT" TO A�*I TNITIA FROFEID `FERMZZ 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 your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a revie-,v of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the revie-,v officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add ne-,N- information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. PUIN'oF COl*1IACT FOR`QUETOI �RTNFOUTATrOT If you have questions regarding this decision and /or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrati'-e Appeal Revie-,v Officer Monte Matthews CESAD -PDO 3331 Heritage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, NC 27587 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 RIGHT OF ENTRY: Your signature belo-,N- grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You -will be prodded a 15 day notice of anv site investigation, and -will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For approved Jurisdictional Determinations appeals send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137