HomeMy WebLinkAbout20180865 Ver 1_SAW-2018-01371 B-5503 Martin Bridge 53 Collie Swamp_20140731U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01371 County: Martin Countv U.S.G.S. Quad: Robersonville East
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Paul Williams
NCDOT Division 1
Address: 113 Airport Drive
Edenton NC, 27932
Telephone Number: (252) 482-1861
Size (acres) 3 Nearest Town Robersonville
Nearest Waterway Tranters Creek River Basin Pamlico
USGS HUC 03020103 Coordinates Latitude: 35.7734
Longitude: -77.21
Location description: The proiect area is located on Prison Camp Road approximatelv 1.5 miles east of the intersection of NC
903 over Collie Swamp in Martin County, North Carolina.
Description of projects area and activity: The proiect involves the construction of a bridge on new location over Collie Swamp
adiacent to the existing bridge. The existing 5 span 86' long bv 30' wide bridge will be replaced with a 3 span precast 135' long
bv 39' wide brid�e. The nroiect will nermanentiv imnact 0.461 acres of wetlands and 0.05 acres of onen waters. The existing
brid�e will be removed along with the existing roadwav restoring 0.46 acres of wetlands. Existin� utilities within the ROW will
be moved to the new ROW.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: 12 &14
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR 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 June 21, 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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general 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 twenry 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 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 Kvle Barnes at (910) 251-4584 or Kv1e.W.Barnes(a�usace.armv.mil.
BARNES.KYLE.WILLIAM.13 pN'�a°us�o=u`�sb��e�mse���o���oo,','_vKo3s3v�
Corps Regulatory Official:
88035397 Da�e.3018.0].1re13.35.3]E.WIL�L�IFM138803539�
Date: Julv 31, 2018
Expiration Date of Verification: March 18, 2022
A. Determination of Jurisdiction:
1. � 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.
2. ❑ 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 ar our published regulations, this determination may be relied upon far a period not to exceed five years from the date of this
notification.
3. ❑ 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.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request
an approved JD, which is an appealable action, by contacting the Corps for further instntction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved
jurisdictional determination issued . Action ID: SAW- .
B. Basis For Jurisdictional Determination: The waters and wetlands within the uroiect area flow unimpeded to
Tranters Creek, a TNW.
C. Remarks:
D. 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 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
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 rr/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. BARNES.KYLE.WILLIAM.138 DNIc=lUS,Io=USbGovernmSe�Lo�IDoID ou3PK035397
ou=USA, cn=6ARNES.KYLE.WILLIAM.1388035397
Corps Regulatory Official: $035397 Date:2018.0731 1326:04-04'00'
Kyle Barnes
Date of JD: Julv 31, 2018 Expiration Date of JD: N/A
The Wilmington District is committed to providing the highest level of support to the publia To help us ensure we continue to do so, please
complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm�e�f?p=136:4:0.
SAW-2018-01371
SPECIAL CONDITIONS
A. The applicant is responsible for mitigating for impacts to waters and wetlands associated with
this project, B-5503. Mitigation shall be performed in accordance with the restoration outlined
in the permit application. Monitoring of the restored 0.46 acre area indicating the successful
re-establishment of hydrophytic vegetation, hydrology, and hydric soils shall be provided to
the USACE every year for 3 years post installation.
Action ID Number: SAW-2018-01371 County: Martin Countv
Permittee:
Project Name:
Paul Williams
NCDOT Division 1
NCDOT Martin Bridge 53 Collie Swamp
Date Verification Issued: July 31, 2018
Project Manager: Kvle Barnes
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: Kyle Barnes
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
Applicant: Paul Williams NCDOT Division 1 File Number: SAW-2078-07371 Date: July 31, 2018
Attached is:
INITIAL PROFFERED PERM�IT (Staizdard Permit or Letter of p
PROFFERED PERMIT (Standard Permit or Letter of permission
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
A
B
C
D
E
SECTION i- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWarks/Re Ju� lato _ryPro,gramandPermits.aspx ar
Coiros 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 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 pernut (Standard or LOP) because of certain terms and conditions thcrein, you may request that tl�e
permit be modified accordingly. You must complete Scction II of this form and return the form to tl�e district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, ar you will forfeit your right to appeal
fl1e permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and n�ay: (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 perinit 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 signahire
on tl�e 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 perinit 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 Ad�ninistrative
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 infonnation.
• 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
tliis 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 division engineer. This fortn must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
infonr�ation for further consideration by the Corps to reevaluate the JD.
SECTION II - REQLTEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decisioii or your
objections to an initial proffered permit in clear concise statements. You inay attach additional information to
t11is form to clarify where your reasons or objections are addressed in the ad�ninistrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental infonnation that the
review officer has determined is needed to clarify the adininistrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this d�cision and/or the If you only have questions regarding the appeal process you inay
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Kyle Barnes CESAD-PDO
2407 West St'' Street, Washington, North Carolina 27889 U.S. Anny Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room l OM I S
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site uivestigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Kyle Barnes, 2407 West 5�'' Street, Washington, North Carolina
27889
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send 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