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HomeMy WebLinkAbout20121055 Ver 2_USACE Permit_20150505 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT SAW-2013-00063 PittNC-GREENVILLE SW Action Id. County: U.S.G.S. Quad: GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION City of Greenville Permittee: Lynn Raynor 1500 Beatty Street Address: Greenville, NC, 27834 Telephone Number: 39.31 acresGreenville Size (acres) Nearest Town Schoolhouse BranchLower Tar. North Carolina. Nearest WaterwayRiver Basin 302010335.61792 USGS HUCCoordinatesLatitude: -77.395209 Longitude: Proposed greenway starts at Moye Blvd and connects to the existing greenway at Pitt Street (SR1611)in Location description: Greenville, Pitt County, North Carolina. Applicant proposes to construct a 1.4 mile x 14' walking/bike path utilizing elevated Description of projects area and activity: boardwalks and prefabricated pedestrian bridges. Portions of the greenway will be on elevated earthen fill and paved with asphalt. 0.30 acres of permanent riparian riverine and 0.15 acres of temporary riparian riverine wetland impacts are authorized by this verification. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) NWP 14 Linear Transportation Authorization:Regional General Permit Numberor Nationwide Permit Number: Projects. S EE ATTACHED RGP or NWP GENERAL, REGIONALAND 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 dated03/27/2015.Any violation of the attached conditions or deviation from yoursubmittedplans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty,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 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 in Washington, NC, at (252) 946-6481. 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 Thomas Steffensat910-251-4615or Thomas.A.Steffens@usace.army.mil program, please contact . TUFGGFOT/UIPNBT/BODSVN/2395817384! SAW-2013-00063 05/05/2015 Corps Regulatory Official: ___________________________Date: 3126/16/15!28;32;65!.15(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 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 thelaw 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 SAW-2013-00063 jurisdictional determination issued1/10/2013. Action ID:. Basis For Determination: Remarks: 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 inthis 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 Cabove). 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 finda 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 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 DivisionOffice 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 . **It is not necessary to submit an RFA form to the DivisionOffice if you do not object to the determination in this correspondence.** TUFGGFOT/UIPNBT/BODSVN/2395817384! Corps Regulatory Official: ______________________________________________________ Thomas Steffens 3126/16/15!28;32;41!.15(11( SAW-2013-00063 05/05/2015 Dateof JD: Expiration Dateof JD: 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 our customer Satisfaction Survey online at http://regulatory.usacesurvey.com/. Copy furnished: Kimley-Horn & Associates, Inc. Agent: Jason Hartshorn 3001 Weston Parkway Address: Cary, NC, 27513 Telephone Number: Action ID Number:SAW-2013-00063County:Pitt Permittee: City of Greenville Lynn Raynor Project Name:EB-5539 City of Greenville South Tar River Greenway Phase 3 Tar River Date Verification Issued: 05/05/2015 TUFGGFOT/UIPNBT/BODSVN/2395817384! 3126/16/15!28;32;22!.15(11( Project Manager: Thomas Steffens 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: Thomas Steffens Washington Regulatory Field Office 2407West 5th Street 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. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorizationand/or issuing a Class I administrative penalty, or initiating other appropriate legal action. 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 PermitteeDate