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HomeMy WebLinkAbout20130650 Ver 1_USACE Permit_20131108U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2013 -01213 County: Rockingham U.S.G.S. Quad: NC- REIDSVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pennittee: NCDOT Division Seven J Mills Address: P.O. Box 14996 Greensboro, North Carolina 27415 Telephone Number: (336) 256 -2063 Size (acres) <1 Nearest Town Reidsville Nearest Waterway Troublesome Creek River Basin Haw. North Carolina USGS HUC 3030002 Coordinates Latitude: 36.3487 Longitude: - 79.7182 Location description: The site is located on Irvin Road (SR 2410), approximately 0.1 mile east of the Suring Garden Road, Irving Road intersection and is identified as the Irving Farm Road, NCDOT Bridge #2 Replacement Project. Description of projects area and activity: This authorization is for the permanent discharge of clean fill material including a two barrel culvert within 49 linear feet of stream channel associated with the renlacement of a bridge. This authorization is also for the permanent discharge of fill material/excavation and hand clearing within 0.08 acre of adiacent wetlands. This authorization includes the temnorary discharge of clean fill material within 39 linear feet of stream associated with de- watering activities. 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 Pennit Number: NWP 14 Linear Transportation Proiects. SEE ATTACHED R 6 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 June 26, 2013, including additional information provided October 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 detennine 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 in Morehead City, NC, at (252) 808 -2808. This Department of the Anny verification does not relieve the penmittee 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 Pen-nit, or the Corps of Engineers regulatory program, please contact Andrew Williams at 919- 554 -4884 x26 or Andrew.E.Williams2(i usace.armv.mil. Special Conditions: 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Ejhj�lhafeK A X,M9&J1ESXiF2111 11111 /1 AA EO, bWf A,VT/ /IHPW — f a OF EPE—aJ Corps Regulatory Official: °bd�fBf�X�"�/�1611( �� Date: November 8, 2013 Eb1t,1312422/19Q15 TW16(11( Expiration Date of Verification: 03/18/2017 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 pen-nit 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 pennit 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 detennination issued . Action ID: SAW- Basis For Determination: The stream is a relatively permanent water (RPW) and an unnamed tributary to Troublesome Creek, an RPW. Troublesome Creek is a tributary to the Haw River, a traditionally navigable water (TNW). The Haw River is a tributary to the Cape Fear River, a navigable water of the United States. The unnamed tributary exhibited an Ordinary High Water Mark (OHWM) and the wetlands meet the hydrophytic vegetation, wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains and Piedmont Regional Supplement and are contigous with the unnamed tributary. This jurisdictional determination is only for the stream/wetlands proposed for impacts associated with this Nationwide Permit verification and does not include any other waters /wetlands that may be located on the property /project site. Remarks: None E. Attention USDA Program Participants This de line ation/detennination 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. 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 detennination, 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 foam 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: (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 January 7, 2014. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the detennination in this correspondence. ** Ejhjibiml ilof I!,, X MJIN TBCESl 123556727661 pv >V B- !do >V/i/! BNT/ n foWpv >EpE672766,1! • �-Nt7 pv >ViB- !do >X,t�fdBNTBOESFX /F2355672766! Corps Regulatory Official: E!xf 113124Y22/1912715: ;1: 116(11( Andrew Williams Date of JD: November 8, 2013 Expiration Date of JD: November 8, 2018 The Wilmington District is connmitted 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 online at hqp:/ /per2.nwp.usace.arM.mil /surve.y.1-itml . Copy furnished: Jerry Parker Division Environmental Supervisor NCDOT- Division 7 P.O. Box 14996 Greensboro, NC 27415 Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Nicole Thomson SEPI Engineering 1025 Wade Avenue Raleigh, NC 27605 Action ID Number: SAW- 2013 -01213 County: Rockingham Permittee: NCDOT Division Seven J Mills Project Name: NCDOT /SR2410 /Brid2e2 /17BP.7.R.61 /Division7 Date Verification Issued: November 9, 2013 Project Manager: Andrew Williams 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: Andrew Williams 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 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: NCDOT Division Seven File Number: SAW - 2013 -01213 Date: November 8, 2013 J Mills Attached is: See Section below F-11 INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B F-11 PERMIT DENIAL C El APPROVED JURISDICTIONAL DETERMINATION D F-11 PRELIMINARY JURISDICTIONAL DETERMINATION E °;`SEC'��0� i '�"�e �`n�,lq�?v�g?a��entis �QU�r rzghl� end o�ltzoxxs re�rd�n;n �in����i�e peal a��he �liov deei�'ot. A�tiopal 1tt�`or��fi��tn �r�ray b� �aut�c� �t �ittplli�iv. sac. iy. �i�/ iriettfuiie�io�s /civlee��`fre�" sir Coxp� egul�ti��s ht F'P�'ParC 1 °, 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 II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 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. • 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 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 II 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: 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 new information for further consideration by the Corps to reevaluate the JD. 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 review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new 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. If you have questions regarding this decision and /or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD -PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 RIGHT OF ENTRY: Your signature below 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 provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: I Telephone number: of appellant or For Permit denials, Proffered Permits and approved Jurisdictional Determinations 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 Wilmington District Compensatory M itiWtion Responsibility Transfer Form Permittee: NCDO17dM. Mills Action ID: SAW -2013 -01213 Project Name: NCDOT/ 3R2410/ Bridget/ 17BP.7.R61/ Division7 County: Fbckingham Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCB), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S Army Corps of Engineers (USAGE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/In -Lieu Fee Program Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring M itigation* 8 -digit HUCand Basin: 03030002, Cape F=ear Fiver Basin Bream Impacts (linear feet) Wetland Impacts (acres) Riparian Riparian Riparian Warm Warm Cool Cold Non - Riparian Non - Riparian Coastal Riverine Riverine Non - riverine 49 49 0 0 0 0 0 0 * If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUCand Basin: 03030002, Cape F=ear Fiver Basin Bream Mitigation (credits) Wetland Mitigation (credits) Riparian Riparian Warm Cool Cold Non - Riparian Coastal Riverine Non - riverine 49 0 0 0 0 0 0 Mitigation Site Debited: NCBP (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCB, list NCB. If the NCB acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation 5ponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACEPermittee and Action ID number shown. I also verify that released credits (and /or advance credits for NCB), as approved by the USAC are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 18 September, 2012 UEACEWilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the US4CE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the US4CE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the US4CEwithin 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the US'kCEhas received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • 9gned copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the US4CE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the US4CEProject Manager (address below) is provided with a signed copy of thisform. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the US4CE, the Sponsor must obtain case -by -case approval from the US4CE Project Manager and /or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the US4CEadministrative records for both the permit and the Bank/ ILF Instrument. Comments! Additional Conditions: None This form is not valid unless signed by the mitigation Sponsor and US4CE Project Manager. For questions regarding this form or any of the conditionsof the permit authorization, contact the Project Manager at the address below. USiAC EProject Manager: Andy Williams USiAC EField Office: Raleigh Regulatory Field Office USArmy Cbrpsof Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: andrew .e.williams2 @usace.army.mil Ej hj b,ltjh of e!cz!X ,1W N TBOESFX /F23556727661 w// EO; T !cDVT -!p >V HpNf sin f ou!pv >EpE- !pv >C1J! 'v pv >VTB -!do >X UffiNTBOESFX/F2355672766! EbLf ;!312422/1927;57;35!.16(11( USiAC EProject Manager Signature November 8, 2013 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http: / /ribits.usace.army.mi1. Page 2 of 2 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 O.istomer Satisfaction S.Arvey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online.