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Home My WebLink About20171365 Ver 1_NWP 14 and 12 U-4405 Raeford Road-signed_20171204U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2011-01806 County: Cumberland Countv U.S.G.S. Quad: Favetteville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Phillip S. Harris, III, PE, CPM NC DOT-PDEA Address: 1598 Mail Service Center Raleigh, NC 27699 Size (acres) N/A Nearest Town Fayetteville Nearest Waterway Beaver Creek River Basin Cape Fear USGS HUC 03030004 Coordinates Latitude: 35.0413189656353 Longitude: -78.9624331673919 Location description: The proiect site is located along US 401 from SR 1409 (71st School Road) to US 401 Business (Robeson Streetl, in Favetteville, Cumberland Countv, North Carolina. Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with an NC DOT road improvement proiect along an approximate 6- mile section of US 401 from SR 1409 (71st School Road) to US 401 Business (Robeson Street). The existing facilitv is a seven lane roadwav with a center turn lane. The proposed facilitv will be a 61ane roadwav with a raised median. Permanent impacts tota10.21 acre wetlands filled, 840 linear feet of stream channel for and 0.23 acre ouen waters filled for culvert extensions, bank stabilization and utilitv line relocations. Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWPs 14 and 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 and attached information dated October 25, 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 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 (9101 251-4049 or Sarah.E.Hair(a�usace.armv.mil. Corps Regulatory Official: ��" ' C`'� Date: December 1, 2017 Expiration Date of Veriiication: Ma � 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 August 9, 2012. Action ID: SAW-2011-01806. Basis For Determination: *see previously verified PJD dated August 12, 2012 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 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 InfOrmatlOn (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 Atm: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8841 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 RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: �� r � �� S ah Hair Date of JD: August 9, 2012 Expiration Date of JD: N/A 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. Electronic copies furnished: Ms. Joanne Steenhuis, NC DWR Mr. Jim Rerko, NC DOT Division 6 DEO Mr. Colin Mellor, NC DOT PDEA Mr. Chris Rivenbark, NC DOT PDEA SAW-2011-01806 SPECIAL CONDITIONS 1) 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. Action ID Number: SAW-2011-01806 County: Cumberland Countv Permittee: NC DOT/ PDEA, Mr. Phillip S. Harris, III, P.E. CPM Project Name: NCDOT/U-4405/US 401 and US 401 Business/Division 6 Date Verification Issued: December 1, 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