HomeMy WebLinkAbout20191338 Ver 1_final signed Isabel Holmes NW 12_20191016U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00085 County: New Hanover County U.S.G.S. Quad: Castle Hayne
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT
attn: Mr. Gordon Cashin
Address: 1000 Birch Ridge Road
Raleigh NC, 27610
Size (linear feet) 300 Nearest Town Wilmington
Nearest Waterway Northeast Cape Fear River River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.2518955039287
Longitude:-77.9505880731761
Location description: The project is located between the fenders of the Isabel Holmes bridge and through the Cape Fear River,
New Hanover County,
Description of projects area and activity: This verification covers the installation of a 300 foot linear cable under the Cape Fear
River from fender to fender structure.
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: NW 12
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 dated 10/4/2019 and attached permit drawings dated 9/19/2019. 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 twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
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 Brad Shaver at (910) 251-4611 or Brad.E.Shaver(ausace.army.mil.
SHAVER.BRAD.E.1276 Digitally signed by
SHAV ER.BRAD.E.1276601756
Corps Regulatory Official: 601756 Date: 2019.10.16 07:39:19 -04'00' Date: October 15, 2019
Expiration Date of Verification: March 18, 2022
SAW-2019-00085
A. Determination of Jurisdiction:
1. ® There are waters 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 or our published regulations, this determination may be relied upon for 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 instruction.
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: N/A. An Approved JD has not been completed.
C. Remarks: See attached 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://cop2smgpu.usace.g,M.mil/cm_apex/f?p=136:4:0.
Copy furnished:
NCDOT-Division 3 attn: Mr. Mason Herndon
NCDEO-DWR attn: Ms. Joanne Steenhuis
SAW-2019-00085
SPECIAL CONDITIONS
Isabel Holmes Bridge Preservation
State Project# 15BPR.14
1. All work must be performed in strict compliance with the application dated 10/4/2019 and
plan sheets 1-8 of 8 dated 9/19/2019 attached, which are authorized by this permit. Any
modification to the authorized permit plans must be approved by the USACE prior to
implementation.
2. Failure to institute and carry out the details of the following special conditions, below, 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.
3. The permittee will ensure that the construction design plans for this project do not deviate from
the authorized permit plans. Any deviation in the construction design plans will be brought to the
attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to any active
construction in waters or wetlands.
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
including the authorized plans referenced in Special Condition (1) and authorized modifications,
including all conditions, shall be available at the project site during construction and maintenance
of this project.
5. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill, or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands, or shall any activities take
place that cause the degradation of waters or wetlands. In addition, except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take
place at any time in the construction or maintenance of this project, in such a manner as to impair
normal flows and circulation patterns within, into, or out of waters or wetlands or to reduce the
reach of waters or wetlands.
This permit does not authorize temporary placement or double handling of excavated or fill
material or construction equipment within waters or wetlands outside the permitted area.
6. This permit does not authorize the interference with any existing or proposed Federal project,
and the Permittee will not be entitled to compensation for damage or injury to the authorized
structure or work which may be caused from existing or future operations undertaken by the
United States in the public interest. No attempt will be made by the Permittee to prevent the full
and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the
permitted activity must not interfere with the public's right to free navigation on all navigable
waters of the United States.
7. Upon conclusion of consultation with NOAA Marine Fisheries (NMFS), the applicant is
required to install the submarine cable between December 1 and January 31. Any work proposed
outside this restricted window will require coordination with the USACE and NOAA Marine
Fisheries.
8. Additionally, the applicant has agreed to adhere to NMFS's Sea Turtle and Smalltooth Sawfish
Construction Conditions and apply them to Atlantic sturgeon.
SHAVER.BRAD.E. Digitally signed by
S HAVER.BRAD.E.1276601756
1276601756 Date: 2019.10.16 07:39:54 -04'00'
Brad Shaver
Action ID Number: SAW-2019-00085 County: New Hanover County
Permittee: NCDOT
Project Name: NCDOT Br 11 US 74 Isabel Holmes Bridge Submarine Cable Division 3
Date Verification Issued: October 15, 2019
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