20091173 Ver 1_USACE Permit_20091215

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2009-02159 County: Richmond USGS Quad: East Rockingham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: City of Rockingham, c/o Mr. Monty Crump
514 Rockingham Road
Address: Rockingham, North Carolina 28379
03 Q;??k [AD W L%
DEC 1 6 2009
Telephone No.: [phone]
DEW • YVATER CUAUIY
1METUNDS AND STORM/rATM BRANCH
Size and location of property (water body, road name/number, town, etc.): The project area is located on the south side of Airport
Road (SR 1966) from U.S. Hiehwav 1 to Maple Street (SR 1967). adiacent to Jennie's Branch, a tributarv to the Pee Dee
River, Rockingham, Richmond County, North Carolina.
Description of projects area and activity: The project involves the of constructing 7,900 linear feet of 12" gravity sewer line usini
trench and fill method to provide sanitarv sewer service to areas of East Rockingham. This Dermit authorizes impacts for the
permanent conversion of wooded riparian wetlands to herbaceous wetlands for the purpose of maintaining easement access.
The crossing of Jennie's Branch will be constructed during low flows and erosion control measures will be used to minimize
impact. PLEASE SEE SPECIAL CONDITIONS ON THE FOLLOWING PAGE.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order 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 Quality (telephone [phone]) 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.
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 Emily ughes, Regulatory Specialist at [phone] or emily.b.hughes(a)usace.army.mil.
Corps Regulatory Official:

Date: December 14, 2009
Expiration Date of Verification:
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 the Customer Satisfaction Survey located at our website at http://rcyulatow.usacesurvev.com/ to complete the survey
online.
Determination of Jurisdiction:
® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Seetiori 1'of the Divers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, tktus determination may be relied upon for a period not to exceed five years from the date of this
notifaeati,pn.:
? There-are waters. of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 or 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.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued. Action ID
Basis of Jurisdictional Determination: The linear project area exhibits water bodies with ordinary high water marks draining to
the Pee Dee River,,a Traditionally Navigable Water. This determination is based on information submitted by Hobbs,
Upchurch & Associates.
Ch
Corps Regulatory Official:
'AL
Date: December 14, 2009
Expiration Date: December 14, 2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Lee Humphrey Hobbs Upchurch & Associates 300SW Broad Street Southern Pines, NC 28387
NCDENR-Division of Water Quality attn: Cvndi Karoly, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
NCDENR-DWQ Fayetteville Regional Office attn: Ken Averitte 225 Green St., Suite 714/Systel Bldg., Fayetteville, NC 28301
ACTION ID # SAW-2009-02159
SPECIAL CONDITIONS:
1. The permittee shall submit to the U.S. Army Corps of Engineers, Wilmington
District as-built surveys of each of the authorized jurisdictional crossings
associated with the utility line installation. The permittee must submit the surveys
within 30 days of construction completion of the subject utilities.
2. Prior to construction within any jurisdictional areas, the permittee must correctly
install silt fencing (with or without safety fencing) parallel with the utility line
corridor, on both sides of the jurisdictional crossing. This barrier is to serve both
as an erosion control measure and a visual identifier of the limits of construction
within any jurisdictional area. The permittee must maintain the fencing, at
minimum, until the wetlands have re-vegetated and stabilized.
The construction/presence of this utility line (to which this Nationwide Permit
verification letter pertains) will not affect our review of any future proposed
impacts. The presence of this utility line will not be an adequate justification for
future impacts (e.g., additional utility lines must be built in jurisdictional waters
of the U.S. because the location of this utility line necessitates the location of the
other utility lines). We will examine any future proposal to impact jurisdiction
waters of the U.S. to ensure that you have avoided, minimized, and/or mitigated
for unavoidable impacts.
4. A verification of the use of Nationwide Permit 12 for the currently proposed
impacts does not imply that this office will necessarily approve any future
proposal(s) to impact waters of the United States on this property.
Corps Regulatory Official: %?? Date: f 71(14- /0
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NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Utility Line Activities. Activities required for the construction, maintenance, repair, and
removal of utility lines and associated facilities in waters of the United States, provided the
activity does not result in the loss of greater than 1/2 acre of waters of the United States.
Utility lines: This NWP authorizes the construction, maintenance, or repair of utility
lines, including outfall and intake structures, and the associated excavation, backfill, or bedding
for the utility lines, in all waters of the United States, provided there is no change in pre-
construction contours. A "utility line" is defined as any pipe or pipeline for the transportation of
any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire
for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and
radio and television communication. The term "utility line" does not include activities that drain
a water of the United States, such as drainage tile or french drains, but it does apply to pipes
conveying drainage from another area.
Material resulting from trench excavation may be temporarily sidecast into waters of the
United States for no more than three months, provided the material is not placed in such a
manner that it is dispersed by currents or other forces. The district engineer may extend the
period of temporary side casting for no more than a total of 180 days, where appropriate. In
wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the
trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the
United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any
exposed slopes and stream banks must be stabilized immediately upon completion of the utility
line crossing of each waterbody.
Utility line substations: This NWP authorizes the construction, maintenance, or
expansion of substation facilities associated with a power line or utility line in non-tidal waters
of the United States, provided the activity, in combination with all other activities included in
one single and complete project, does not result in the loss of greater than 1/2 acre of waters of
the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to
tidal waters of the United States to construct, maintain, or expand substation facilities.
Foundations for overhead utility line towers poles and anchors: This NWP authorizes
the construction or maintenance of foundations for overhead utility line towers, poles, and
anchors in all waters of the United States, provided the foundations are the minimum size
necessary and separate footings for each tower leg (rather than a larger single pad) are used
where feasible.
Access roads: This NWP authorizes the construction of access roads for the construction
and maintenance of utility lines, including overhead power lines and utility line substations, in
non-tidal waters of the United States, provided the total discharge from a single and complete
project does not cause the loss of greater than 1/2-acre of non-tidal waters of the United States.
This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters for
access roads. Access roads must be the minimum width necessary (see Note 2, below). Access
roads must be constructed so that the length of the road minimizes any adverse effects on waters
of the United States and must be as near as possible to pre-construction contours and elevations
(e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-
construction contours and elevations in waters of the United States must be properly bridged or
culverted to maintain surface flows.
This NWP may authorize utility lines in or affecting navigable waters of the United
States even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322).
Overhead utility lines constructed over section 10 waters and utility lines that are routed in or
under section 10 waters without a discharge of dredged or fill material require a section 10
permit.
This NWP also authorizes temporary structures, fills, and work necessary to conduct the
utility line activity. Appropriate measures must be taken to maintain normal downstream flows
and minimize flooding to the maximum extent practicable, when temporary structures, work, and
discharges, including cofferdams, are necessary for construction activities, access fills, or
dewatering of construction sites. Temporary fills must consist of materials, and be placed in a
manner, that will not be eroded by expected high flows. Temporary fills must be removed in
their entirety and the affected areas returned to pre-construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if any of the following criteria are met: (1) the activity
involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a
section 10 permit is required; (3) the utility line in waters of the United States, excluding
overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e.,
water of the United States), and it runs parallel to a stream bed that is within that jurisdictional
area; (5) discharges that result in the loss of greater than 1/10-acre of waters of the United States;
(6) permanent access roads are constructed above grade in waters of the United States for a
distance of more than 500 feet; or (7) permanent access roads are constructed in waters of the
United States with impervious materials. (See general condition 27.) (Sections 10 and 404)
Note 1: Where the proposed utility line is constructed or installed in navigable waters of
the United States (i.e., section 10 waters), copies of the pre-construction notification and NWP
verification will be sent by the Corps to the National Oceanic and Atmospheric Administration
(NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation.
Note 2: Access roads used for both construction and maintenance may be authorized,
provided they meet the terms and conditions of this NWP. Access roads used solely for
construction of the utility line must be removed upon completion of the work, accordance with
the requirements for temporary fills.
Note 3: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry
substances over navigable waters of the United States are considered to be bridges, not utility
lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers
and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the
United States associated with such pipelines will require a section 404 permit (see NWP 15).
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