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HomeMy WebLinkAbout20170864 Ver 1_SR 2220 NWP 23-signed_20170906U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-00716 County: Robeson Countv U.S.G.S. Quad: Ever�reen GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: North Carolina Department of Transportation Mr. Greg Burns, P.E./ Division Engineer Address: Post Office Box 1150 Fayetteville, NC 28302 Telephone Number: Size (acres) Nearest Waterway USGS HUC 910-364-0600 �15 acres Bi� Branch Canal/Indian Swamp 03040203 Nearest Town Orrum River Basin Lower Pee Dee Coordinates Latitude:34.5019696920062 Longitude: -78.9991836888087 Location description: The project site is located within an approacimate 15-acre right of way corridor along existing US Highway 74 and SR 2220 (Broadridge Road), north of the Town of Orrum, in Robeson County, North Carolina. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with an NC DOT interchange/grade separation project at the existing intersection of U5 Highway 74 and SR 2220 (Broadridge Road). Permanent fill impacts total 1.21 acre of wetland and 3501inear feet of stream channel for roadway and ramp fill, and pipe installation. Additionally, 351 linear feet of an RPW (jurisdictional ditch) will be relocated. Mechanized land clearing impacts in wetlands tota10.71 acre. Excavation impacts in wetlands tota10.13 acre. Temporary impacts total 1741inear feet of stream. Applicable Law: Authorization: � Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Regional General Permit Number or Nationwide Pernut Number: 23 SEE ATTACHED RGP 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 Julv 26, 2017 and revised wetland impact summarv sheet dated Julv 27, 2017. 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 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 Resources (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 Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the pernuttee 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: 1�3 �C/iL Date: Sentember 6, 2017 Expiration Date of Verification: March 18, 2022 Determination of Jurisdiction: A. � There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 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 (RHA) (33 USC § 403) and 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. C. ❑ There are waters, including wetlands, within the above described project area that are 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 jwisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW- . Basis For Determination: The site contains waters which exhibit an OHWM and wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual and the appropriate Regional Supplement. Remarks: E. Attention USDA Program Participants This delineation/determination bas 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 InfOrmatl0n (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction 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 N/A. **It is not necessary to submit an 1�FA forr�yo the Division Office if you do not object to the determination in this correspondence.** .c � �%, Corps Regulatory Official: Sarah Hair Date of JD: September 1, 2017 Expiration Date of JD: September 1, 2022 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, located online at http : //corpsmapu.usace. army.mil/cm_apex/f?p=13 6:4: 0. Copy furnished: Mr. Jim Rerko, NC DOT, Division 6 DEO Ms. Joanne Steenhuis, NC DWR-DEQ SAW-2016-00716 SPECIAL CONDITIONS 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. 2. All work must be performed in strict compliance with the plans received by this office on 7-26- 2017, which are a part of this permit. Any modification to the permit plans must be approved by the USACE prior to implementation 3. 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 the permitted project, or such other remedies and/or fines as the District Engineer or his authorized representatives may seek. 4. 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. 5. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. 6. The permittee will report any violation of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act in writing 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-2016-00716 County: Robeson Countv Permittee: NC DOT/Division 6 Engineer, Mr. Greg Burns Project Name: R-4952/Broadridge Rd/US 74/Division 6 Date Verification Issued: September 6, 2017 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 ADMIN[STRATIVE APPEAL OPTIONS AND PROCCSS AND REQUEST FOR APPEAL Applicant: NC DOT, Division 6 Engineer, Mr. Greg File NumUer: SAW-2016-00716 Date: Seutember 6, 2017 Burns,PE Attached is: INITIAL PROFFERED PERMIT (Standard Pei7nit or Letter of PROFFERED PERMIT (Standard Pei�nit or Letter of pei7�lissie PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION See Section below ission) A B C D E SECTION I- The following identifies yoLtr rights aild options regarding an adulinish-ative appeal of tl�e above decision. Additional information may be found at http://www.usace.anny.mil/inet/functions/cw/cecwo/reg or Corps re�ulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the pennit. • ACCEPT: If you received a Standard Permit, you rriay sign the permit document and reh�rn it to the district engii�e�er fiot- tinal authorization. If you received a Letter of Permission (LOP), you �11ay accept the LOP and your work is authorized. YoLir sig»ature on the Standard Permit or acceptance of the LOP means that you accept the penl�it i» its entirety, and waive ali nghts to appeal the permit, ii�cludii�g its terms and conditions, and approved jurisdictioual deterininations associated with the permit. OB.TECT: If yoii object to the permit (Standard or LOP) becalise of certain terms and coi�ditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and reh�rn the form to the district engineer. Your objections must be received by the dish•ict engineer witl�in 60 days of tl�e date of this notice, or you will forfeit your rigl�t to appeal the permit in tl�e fiihire. Upon receipt of your letter, tl�e district engineer will evaluate your objections and may: (a) �modity the permit to address all of your concerns, (b) modify the pernlit to address some of your objections, or (c) not n�odify the permit l�aving determined that t1�e pennit s1�ouLd be issued as previoi�sly written. After evaluating your objeetious, the district engii�eer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You inay 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 receivcd a Lcttcr of Permission (LOP), you inay accept tl�e LOP and your work is authorized. Your signaturc on tlic Standard Pc�7nit or acccptance of tlle LOP mcails that yoti accept thc pei7nit in its erirircty, and waive all rigl�ts to appeal the permit, including its Ycrms and conditions, and approvcd jurisdictional detcrminations associated witl� the permit. APPEAL: If you choose to decline the p1-offered permit (Standard or LOP) because of certaii� terms and coi�ditions therein, you may appeal the declined peril�it under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to tl�e division enbineer. This form must be received by the division engineer within 60 days of the date of this noticc. C: PERMIT DENIAL: You may appeal the denial of a permit under the Coips of Engineers Administrative Appeal Process by completing Section II of this form and sending the fornl to the division engineer. This form must be received by the division engi»eer within 60 days of the date of this »otice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new inforn�ation. • 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 norice mc�ns that you accept the approvcd JD in its entirety, and waive all rights to appeal tl�e approved JD. • APPEAL: If you disagree with the approved JD, you inay appeal the approved JD under the Corps of Engiueers Adi��inistrative Appeal Process by completing Section II of this form and sending the farm to tl�e division engineer. Tl�is form nmst be reeeived by the division engineer within 60 days of tl�e date of this notice. E: PRELIMINARY NRISDICTIONAL DETERMINATION: You do not need to respond to the Coips regarding the preliininary JD. The Preliininary JD is ��ot appealable. If you wish, you inay request an approved JD (wl�ich may be appealed), by contacting the Coips district for further instruction. Also you inay provide new information for fitrther consideration by the Corps to reevaluate the JD. SECTION lI - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objectious to an initial proffered permit in clear concise statements. You may attach additional i��for�nation 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 ineinorandum for the record of the appeal conference or ineeting, and any suppleinental infornlation that the review officer has detei-mined is needed to clarify tl�e ad�ninistrative record, Neitller the appellant nor tl�e Co�ps may add new inforination or analyses to the record. However, you may provide additional infoimation to clarify the location of infoi-matio�l that is already in the adminish-ative record. POINT OF CONTACT FOR QUESTIONS OR 1NFORMATION: [f you have questions re�ai•ding this decision and/or the If you only have questions re�ardin� the appeal process you may appeal process you may contact: also contact: � � Mr. Jason Steele, Administrative Appeal Review Officer District Engineer, Wilmington Regulatory Division, Attn: CESAD-PDO Sarah Hair U.S. Army Corps of Engineers, South Atlantic Division 69 Darlington Avenue 60 Forsyth Street, Room 1OM15 Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Yo��r signature below grants the right of enhy to Corps of Engineers personnel, ancl any government consultants, to conduct investigations of tl�e project site dw-ing tl�e course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the oppot-rilniry to participate in all site investigations. Date: Telephone number: Sibnature of appellant or agent. For appeals on Ii�itial Prqff"ered Perr�aits send t/iis fo�^n� to: District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Pe��rnit de�xi�ls, Prqf'fe►^ed Per•n7�its ancl Approved Jurisdictiotial Determinatio�zs sen�d 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