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HomeMy WebLinkAbout20151080 Ver 1_USACE Permit_20151110U.S. ARMY CORPS OF ENGINEERS WILMiNGTON DISTRICT Action Id. SAW-20l 1-00061 County: Columbus U.S.G.S. Quad: NGCHADBOURN GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NCDOT-PDEA Mr. Colin Mellor Address: 1598 Mail Service Center Ralei�h, NC 27699 Size (acres) n/a Nearest Waterway Juniper Creek USGS HUC 03040206 Nearest Town Chadbourn River Basin Waccamaw Coordinates Latitude:34.3104706544236 Longitude: -78.7766908678549 Location description: The project site is located at existing bridge number 144 on SR 1429 over Soules Swamp, in Columbus County, North Carolina. Description of projects area and activity: This verifieation authorizes impacts to waters of the U.S. in assoeiation with the B-4948/ NC DOT bridge replacement project. Permanent impacts tota10.07 acre wetland for roadway fill and OA2 acre of Soules Swamp for bank stabilization. Temporary impacts to 0.10 acre wetland are necessary for hand clearing of vegetation. Additional temporary impacts associated with bank stabilization tot 71 linear feet of stream channel. Applicable Law: Authorization: � Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Regional General Permit Number or Nationwide Permit Number: 23 SEE ATTACHED RGP oN 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 October 21, 2015 and supplemental information provided on October 28, 2015. Any violation of the attached conditions or deviation from your submitted plans 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 narionwide authorization is modified, suspcnded 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 Secrion 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Secrion 401 requirements. For activities occurring within the twenty coastal counries 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 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 Sarah Hair at 910-251-4049 or Sarah.E.Hair(a�usace.armv.mil. Corps Regulatory Official: Date: November 10, 2015 Expiration Date of Verification: March 18, 2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters oithe US including wetlands within the above described project area. This preliininary detertnination is not an appealable action under Yhe 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- . Bas1s Fol' DeterminatiOn: The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and Atlantic and Gulf Coastal Plain regional supplement. The water bodies exhibit OHWM (ordinary high water mark) as indicated by the presence of bed and bank, sediment deposition, and absence of vegetation in the channel. Remarks: E. Attention USDA Program Participants This delineation/determination bas been conducted to identiiy 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 Infol'mation (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 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 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 8, 2016. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Sarah Hair Date of JD: November 10, 2015 Expirarion Date of 7D: November 10, 2020 Electronic copy furnished: Mr. John Merritt (NC DOT-PDEA-NES) Mr. Jim Rerko (NC DOT-Division 6-DEO) Mr. Mason Herndon (NC DEQ-DWR) SA W-2011-00061 SPECIAL CONDITIONS 1. All work must be performed in strict compliance witb the plans received by this office on 10-21-2015 and 10-28-2015, which are a part of this permit. Any modification to the permit plans must be approved by the USACE prior to implementation 2. Failure to institute and carry out the details of these special conditions will result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with thc permitted project, or such other remedies and/or fines as the District Engineer or his authorized representatives may seek. 3. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit, and any authorized modifications. A copy of this permit, and any authorized modifications, including all conditions, shall be available at the project site during construction and maintenance of this project. 4. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. 5. The permittee will repart any violarion of these condirions ar violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act in wriring to the Wilmington District, U. S Army Corps of Engineers, within 24 hours of the permittee's discovery of the violation. Action ID Number: SAW-2011-00061 County: Columbus Permittee: NCDOT — PDEA-Mr. Colin Mellor Project Name: NCDOT/B-4948/BR 144/SR 1429/Div 6 Date Verification Issued: November 10, 2015 Project Manager: Sarah Hair 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: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 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 authorization and/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 Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL NCDOT — PDEA-Mr. Colin Mellor File N�unber: SAW-20ll-00061 Daie: November 10. 2015 Attached is: INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission PROFFERED PERMIT (Standard Permit or Letter of pennission) PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELiMINARY JURISDICTIONAL DETERMINATION See Section below � C 0 0 � SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or htt�://www.usace.army.mil/Missions/CivilWorks/Re lgu atorvProgramandPermits.aspx or the Coros reeulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you inay 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 Secrion II of this farm and return the form to the district engineer. Your obj ections 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 detennined 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 aceept 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 iinal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yottr 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 pennit. 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 fonn 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.