Loading...
HomeMy WebLinkAbout201781597 Ver 2_final signed revised B 4438 RGP 31_20191219 Revised Plans and Reissued U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-00954 County: Brunswick County U.S.G.S.Quad: Honey Island GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: North Carolina Department of Transportation Attn: Mr.Chris Rivenbark Address: 1598 Mail Service Center Raleigh,NC 27699-1598 Size(miles) 0.403 Nearest Town Bolivia Nearest Waterway Juniper Creek River Basin Lower Pee Dee USGS HUC 03040206 Coordinates Latitude: 34.1408874027632 Longitude:-78.325021395591 Location description: The replacement project(B-4438)is located along NC 211west of Bolivia where Bridge 47 crosses Bear Pen Islands Swamp,Brunswick County. Description of projects area and activity: The project involves the replacement of existing Bridge 47,an existing 53 foot long bridge with a new 105 foot wide bridge east of its current location.The new bridge will have 12-foot travel lanes and 3-foot shoulders on each side.Traffic will be maintained on the existing bridge until the new bridge is complete.This verification covers the following impacts: 0.56 of an acre of fill,0.03 of an acre of excavation resulting in a discharge,0.09 of an acre of mechanized land clearing,0.05 of an acre of hand clearing,and 124 linear feet of bank stabilization(0.27 of an acre open water impact). 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:Regional General Permit 198200031 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 signed 11/21/2018 and attached permit drawings Sheet 1-19 of 18 dated 12/13/2019, attached. 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 (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 Brad Shaver at(910)251-4611 or Brad.E.Shavernu,usace.army.mil. Digitally signed by L G/ SHAVER.BRAD.E.1276601756 �G p Yc Date:2019.12.19 16:41:07 Corps Regulatory Official: -05'00' Date: December 19,2019 Expiration Date of Verification: April 30,2020 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 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 preliminary jurisdictional determination issued May 4,2018. Action ID: SAW-2015-00954. B.Basis For Jurisdictional Determination: N/A.An Approved JD has not been completed. C.Remarks: See special conditions. Date of JD: May 4,2018 Expiration Date of JD: None PJD 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/cmapex/f?p=136:4:0. Copy furnished: NCDOT,Ms.Dianna Riffey NCDOT Division 3,Mr.Mason Herndon NCDEQ-DWR,Ms.Joanne Steenhuis NC DMS,Ms.Beth Harmon USACE,Mr.Todd Tu2well SAW-2015-00954 SPECIAL CONDITIONS 1. The permittee will ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Written verification shall be provided that the final construction drawings comply with the attached permit drawings prior to any active construction in waters of the United States, including wetlands. 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. 2. 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. 3 . This USACE permit does not authorize you to take a threatened or endangered species, in particular, the Northern Long-eared Bat(NLEB) (Myotis septentrionalis). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act(ESA) (e.g., a Biological Opinion(BO)under the ESA, Section 7, with"incidental take"provisions with which you must comply). The U.S. Fish and Wildlife Service's (USFWS's) Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion for North Carolina Department of Transportation(NCDOT) Activities in Eastern North Carolina (Divisions 1-8)," dated March 25, 2015, and adopted on April 10, 2015, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take"that are specified in the BO. Your authorization under this USACE permit is conditioned upon your compliance with all the mandatory terms and conditions (incorporated by reference into this permit) associated with incidental take of the BO. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and would also constitute non-compliance with your USACE permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO and with the ESA. 4. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological Opinion(BO) titled "Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina,NCDOT Divisions 1-8)," dated June 13, 2018, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with"incidental take"that are specified in the BO. Your authorization under this Corps permit is conditional upon your compliance with all the mandatory terms and conditions associated with incidental take of the BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your Corps permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA. Action ID Number: SAW-2015-00954 County: Brunswick County Permittee: North Carolina Department of Transportation Project Name: NCDOT/B 4438 /Br 47 over Juniper Swamp/NC 211 /Division 3 Date Verification Issued: December 19, 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