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HomeMy WebLinkAbout20131251 Ver 1_USACE Permit_20140121I3-iasi U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID SAW- 2002 -00641 County Brunswick USGS Quad Southport GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Mr. Jack Noland St. James Plantation Property Owners Association Address 4140 Southport- Sunnly Road. Suite B Southport, North Carolina 28461 Raleigh, North Carolina 27699 Size and location of property (water body, road name /number, town, etc ) The project area is located at a bridge over Polly Gully Branch along St. James Drive, S.E., near Southport, Brunswick County, North Carolina. Description of protects area and activity This verification authorizes the permanent discharge of fill material into 1419 square feet of wetlands for the replacement of roadway bulkheads. This verification also authorizes the construction of an elevated piling supported wooden golf cart/pedestrian bridge over Polly Gulley Creek and adjacent wetlands. 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 14 and 3 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 plans dated December 3, 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) 733 -1786) to determine Section 401 requirements For activities occurring wrthm 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 Ronnie Smith at (910) 251 -4829 Corps Regulatory Official Ronnie Smith ` Date: January 14, 2014 Expiration Date of Verification March 18, 2017 The Wilmington District is committed to providing the highest level of support to the public To help us please complete the attached customer Satisfaction Survey or visit http //per2 nwp usace army mil /surve, online JAN 2 1 2 0;4 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 33 1) 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 Basis For Determination The site exhibits wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement is adjacent to Polly Gully Branch which is a navigable water of the United States pursuant to the policies and criteria set forth in 33 CFR 329. The water body exhibits a mean high water mark as indicated by changes in vegetation and wrack lines. Remarks 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 Conservation Service, prior to starting work Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated 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 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 3315, 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 March 17, 2014 * *It is not necessary to submit an RFA form to t Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Ronnie Smith Date January 14, 2014 Copy Furnished Ms Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Mr Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636 -3726 Mr Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412 -9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303 -8960 BOSN3 Joseph M Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E Fort Macon Rd Atlantic Beach, NC 28512 Ms Debra Wilson Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Ms Joanne Steenhuis Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Ext Wilmington, NC 28405 Ronnie Smith Corps Regulatory Official Date January 14, 2014