Loading...
HomeMy WebLinkAbout20060964 Ver 1_Other Agency Comments_20060623D C'C~~~~IG C~~~ ~ Co ~( ~ D JUN 2 3 2006 O Q ~E~;; - wATtR QuauTV U.S. ARMY CORPS OF ENGINEERS ~NETIANDSAND STORMWATER BRANCH WILMINGTON DISTRIC'T' ORM ID: SAW-2006-32103-133 County: Edgecombe USGS Quad: -Speed GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: NC Department of Transportation Address: attn: R. E. Greene, Division Engineer 509 Ward Blvd. Wilson, NC 27895-3165 Telephone No.: 252-237-6164 Size and location of property (water body, road name/number, town, etc.): Bridge no. 85 on US 258 over Deep Creek, located north of Princeville, Edgecombe County, North Carolina. TIP # B-4934. Description of projects area and activity: Replace existing bridge. There are no stream impacts or wetland impacts. 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: 3 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. 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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed. of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. 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 new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. 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 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 William Wescott at 252-975-1616 extension 31. ~' V 1 ~ ~~5, Date: 06/21/2006 Corps Regulatory Official i Expiration Date of Verification: 03/18/2007 Page 1 of 8 r ~. J _5 d, y ~ _. ~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 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 maybe 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 6/8/2006. ORM ID SAW-2006-32103-133 or ACTION ID Basis of Jurisdictional Determination: Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. 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 fmd 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 South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 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, itmust be received at the above address by 8/20/2006. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** ~.` Co s Re ulato Official: V ~ ~~9'" ~~ ~ S~ lT l; n' , Date 06/21/2006 Copy Furnished: NCDOT, Division 4 Environmental Officer NCDOT, John Hennessy, Wetlands/401 Unit Page 2 of 8 ORM ID: SAW-2006-32103-133 Permittee: NCDOT Date Permit Issued: 6/21/2006 Project Manager: William Wescott County:Ed~ecombe 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 WASHINGTON REGULATORY FIELD OFFICE Post Office Box 1000 Washington, North Carolina 27889 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 Page 3 of 8 ti-O11t~1(':AI-1(_~lV` C)}~ :lll~ll~IS~fR.~~~[~Il'I-: ~1PPL~;;1I: OI'~lfOi~~~ ~~\I) PRC)(I:SS ~~~~I) Applicant: NCI~O'T File No.: SAW-2006-32103- Date: 6/21/2006 133 At tached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ~F;C I~IU\ I - ~[~IIe (ollc,~tiin~~~ identilieti vi~ur right; rind oE~tii~ns rc~~~Irdii~~~ an a~~inirli~trati~c aph~al ol~ihe ah~~~~~ C~~CIti1l1R. .~lj~hUt~iltl~ IIIlULIIlrlll(~Il Ill~l~' h~ IOl1Illl ~iT Iltt~,: ~I\fi~~\-~'.U~.1C~.tll"III V.IlIII'tllt'LlIL1RClll~lh C~1 CtC~~1'U_I'l~.' 01' -- - - - - C;~~rE>> rc<~ula(i~~n5 ~~( ~ Cl~l~ 1'~n~t _, l . 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. Page 7 of 8