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HomeMy WebLinkAbout20180223 Ver 1_USACE Permit_20180312Permittee: Address: Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-1994-03552 County: New Hanover/Brunswick Countv U.S.G.S. Quad: Multiqle GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION NCDOT — Colin Mellor 1598 Mail Service Center Ralei�h, NC 27699-1548 Size (acres) 21 miles Nearest Town BRUNSWICK/NEW HANOVER Nearest Waterway Cane Fear/NE Cape Fear River Basin Cape Fear USGS HUC 03030007 Coordinates Latitude: 34.2472751962937 Longitude: -78.0482732812573 Location description: The proiect (R-26233 D) starts at the Division office and terminates along Hi�h 17 south of Brunswick Forest in Brunswick County. The qroiect follows the qath of the Wilmington Bypass (R-2633). Description of projects area and activity: The proiect involves the installation of an Intelligent Transportation Svstem infrastructure within the NCDOT R/W. The verification autharizes un to 0.03 of an acre of permanent wetland impact for the installation of iunction boxes (originating from Directional Drill activities). 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 Permit Number: NW-12 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 dated 2/16/2018 and revised plans dated 3/2/2018. 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 activiry is completed within twelve months of the date of the nationwide permit's expiration, modification ar 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 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, ar the Corps of Engineers regulatory program, please contact Brad Shaver at (910) 251-4611 or Brad.E.Shaver(�a,usace.armv.mil. SHAVER.BRAD.E.12 o��a����,'o°��b�o�e�mRe�RAOE.000�",6 1n* � 1`LL ou=PKl,ou=USA, o COIpS R�gUlUI.OTy O�11C1�1. �VVO� �SV �n=SHAVER.BRAD.E.1]J6601J56 Date: March 12� �O�O Date:3018.03.1 ] 14 39:00 -09'00' 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 jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued historically. Action ID: SAW-1994-03552. Basis For Determination: see JD. Remarks: See special conditions. 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=136:4:0. Copy furnished(electronic): NCDOT-Chris Rivenbark NCDOT — Mason Herndon NCDEQ, DWR Joanne Steenhuis SAW-1994-03552 SPECIAL CONDITIONS R-2633 D L The applicant must continue to avoid and minimize impacts during the construction of this project. As the plans are not absolute, where possible the utility line should be placed within the shoulder of the road or within the previously authorized areas under earlier phases. SH AV E R. 6 RA D DHAVER.BRAD E7276601756 DN: c=US, o=U.S. Government, ou=DoD, .E.1276601756 ou=PKl,ou=USA, cn=SHAVER.BRAD.E.1276601756 Date:201S.03.1214:39:41 -04'00' Action ID Number: SAW-1994-03552 County: New Hanover/Brunswick County Permittee: Project Name: NCDOT NCDOT / WILMINGTON BYPASS / R2633D Date Verification Issued: March 12, 2018 Project Manager: Brad Shaver 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: Brad Shaver 69 Darlington Ave Wilmington, NC 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