20031554 Ver 1_Other Agency Comments_20091228

11
U.S. ARMY CORPS OF ENGINEERS COW, -Y
WILMINGTON DISTRICT
Action ID. SAW-2009-02319 County: Gttillbrd USGS Quad: High Point East
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICA ION kLCHVED ?
I 0-A, of FNH
.Property Owner/ Authorized Agent: City ofHigh Point--Attn: Chris Thonapsoij, PE., DEC
Address P O. Box 230 f _
High Point, North Carolina 27261 ? s o,ai nrr??
Telephone No.: 336-883-3215
Size and location of property (water body, road name/number, town, etc.): 402 acres (approximately); The project is located
immediate) northwest of the Riverdale Drive Interstate 85 intersection in Guilford County North Carolina and is identified
as the Riverdale Landfill-City of fflZh Point.
Description of projects area and activity Ibis authorization is for the discharge of clean fill material within 208 linear feet of a
im isdictional stream cha?uiel identified as "NIS" (109 linear feet was determined to be lacking irnnortant function) and 0.26
acre of wetlands adjacent to the strewn channel "NIS" in order to by-pass the channel around) the existitif-Y abandoned
Riverdale Landfill. The m-oiect must be conducted in accordance with the antilication and drafvini-is submitted on November
20, 2009.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 13144)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 38
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
pernaittee 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
rriodif?ed, 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 (j.e., are
under construction) or are under contract to commence in reliancc 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 (e919) 733-1786) 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 c:ontaCt the N.C. Division of Coastal Management .
This Department of the Array verification (toes not relieve the perrnittee of the responsibility to obtain any other required Federal,
State or local approvals/pert-nits.
If there are any rlttestions regarding this verification, any of the conditions of the Kermit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at telephone number 919-876-4884 extension 26.
Carps 12egkrlatory Official Date: December 21, 2009
I.`xpiration Date of Verification: December 21, 2011
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 l1ttW/h•egttlatory.usacesurv_ey_coill/ to complete the survey
online.
Determination of Jut-isdiction:
Page 1 of 3
? Based on prcliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not au appealable action under the Regulatory Progranp 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
Section 10 of the Rivers and I larbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this dote rnination may be relied upon for a period not to exceed five years from the date of this
notification.
® "/Where are waters of the US and/or wetlands within the above described project area 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 rcgu.lations, this
determination may be relied upon f6r a period not to exceed five years froin the date of this notification.
® The jurisdictional areas within the above described project area have been identified rnpder a previous action. Please reference
jurisdictional determination issued July 28, 2005. Action 11) SAW-2004-20332
Basis of Jurisdictional Deternnination: `i`be stream is a relatively permanent water RPW and an utmanped tributary to the
Randleman take aft impoundment of the Deep River anti other tributaries. The Deer Riven is a traditionally navi able
water TNW . The Deep River is a tributary to the Cape rear River, a wivi able water of the United States. The Ordinary
Hi rh Water Mark ONWM of the unnamed tributary Nvas indicated b the following ihvsical characteristies: clear natural
line impressed on the bank sllelvin * and the destruction of terrestrial ve xetation. The wetlands are Conti ?uoris with the
tmnamed tributary and meet the hydro phvtic ve retati©n wetland hydrolo w and Iavdric soil criteria of the 1987 Corps of
le[i jineers Wetland Delineation Manual.
This 'tn•isdictional determinatiou is only for the waters/wetlands pr•o osed for impacts associated with this Nationwide Permit
and floes not include an other.-waters/wetlands that may be located on the property.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can snake an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAI') fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
florin to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
11,S. Army Corps of Engineers
3331 Ilcritagc'frade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RhA to be accepted by the Corps, the Corps roust determine that it is complete, that it meets the criteria for appeal
under 33 ChR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit atn R.FA form, it must be received at the above address by February 18, 2010.
**It is not necessary to submit an RhA fori/n to the District Office if you do not object to the determination its this correspondence."
Corps Regulatory Official: j 4?
Date December- 21, 2009
Expiration Date December 21 2014
Page 2 of 3
5
Summary of Authorized Impacts and Required Miti„afion
Action ID
# NWP I GI' Open W
'T'emporary ater (ac)
Permanent Wetlan
Temporary d (ac)
Permanent U111, m orta??
Temporary t Steam (II)
Permanent Important
Temporary Streani (30--
Pernianeirt
SAW-2009-
02319 NWP 38 0.26 109 99

Impact Totals 0 0
Total Loss of Waters of the U.S. (ac) 0 _
0.26 __ 0.26 0 109 0 99
Total Loss of Waters of the U.S. (it) 208
Reauired Wetland Mitication fact 10 .5 In-Ifieu/EE I Required Stream Miti,ation (If) 208 In-Lieti/EEP
Special Permit Conditions: As compensatory mitigation, the applicant will provide payment to the North Carolina
Ecosystem Enhancement Program (EEP) for 0.5 acre of Riparian Wetlands and 208 linear feet of stream channel
within the Cape Fear River Basin, Hydrologic Unit Code 03030003. Payment mast he made prior to conducting
the authorized work.
SURVEY PLA`T'S, FIELD SKFTCII, WETLAND Dt'. NEATION FORMS, PROJECT PLANS, LTC., MUST BIB
AI-I'ACI:IED TO T IE FILL COPY OF THIS FORM, 1FR1,-.;Qu1R1-,D OR AVAILABLE.
Copy Furnished:
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
S95 Waughtown Street
Winston-Salem, NC 27107
Bob Larzecki
Soil & I?,nvironmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
Page 3 of 3
Action ID Number:SAW-2009-02319 County:Guilford
Permittec: City of High Point-Attn: Claris Thompson, PE
Date Verification Issued: December 21, 2009
Project Manager: Andrew Williams
Upon completion of the activity authorized by this permit and any mitigation required by the peranit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMING'T'ON DISTRICT
RALEIGH REGULATORY FIELD OFFICE
3331 HERITAGE, TRADE DRIVE, SUITE 105
WADE FOREST, NORTH CAROLINA 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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
NOVIFI(-ATION (-F PROCESS
I,IF(W[.S I' I, OR .WIII -"AL
Applicant: City of l ligb Point--Attn: Chris -File Number, SAW-2009-02319 Date: December 21, 2009 -
Tboinpson, PE ._.-
Attached is: See Section below
INITIAL .PROFFERED PERMIT (Standard Permit or Letterof A
permisstonj
PROFFERED PERMIT (Standard Permit or Letter of permission) I3
PERMIT DENIAL C
APPROVpD JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following i(koffiies your tights and options rePardirl, un idnlilllAratiVc ttpl c d of the affil`
dc6slon. :'Widitlonal Information nil i be I'milld -a III i1?,'!111y .11 ,Sl'?. tSllll'.llttl 1€1l'? ltll:l'11C)tl 1}.' ??'?11'f1!t'C'S5 or
Corps rebtll ttions i_lt 33 CFR Putt 331. - - - - - - ----._-F_ -
A: INi'I'CAL PROI{FI RED Pt3RMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you May sign the permit dOCLUTI':nt and return it to the district cngineer for final
authorization. If you received a Letter of Pernnisslorn (LOP), you tray 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 permit (Standard or LOP) because of certain terms and conditions thcrcin, you May request that the
permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 clays of the elate of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
pern,iit to address all of your concerns, (b) modify the permit to address sonde 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 enngineer
will send you a proffered pern7it ibr your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
+ ACCEPT: If you received a Standard Pcrnnit, 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 1,01) 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.
• APPEAL: If yott choosc to decline the proffered permit (Standard or I.,OP) because of certain ter-sns and conditions tlncreitn, you
may appeal the declined permit under the Cops of Engineers Administrative Appeal Process by completing Section 1.1 of this form
and sending the form to the division engineer. This form must be received by the division cri-inecr within 60 clays of the date of
this notice.
C: PERMIT .DENIAL: You May appeal the denial of a permit under the Corps of Hngineers Administrative Appeal Proccss by
completing Section 11 of this form and sending the forth 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 information.
• A{_ CF:PTI You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of tlnc date of
this 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 nnay appeal the approved JD under the Cotes of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this n{mice.
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 all approved
JD (which may be appealed), by contacting the Corps district for further instruction, Also you may provide new
information for farther consideration by the Corps to reevaluate the JD.
SECTION _11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise: statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative 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 airy supplenrcntal information that the
review officer has determined is needed to clarify the administrative 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..
.OF CONTACT FOR Q[IES'T'•IONS OR'II
If you have questions regarding this decision
and/or the appeal process you may contact:
Andrew Williams, Regulatory Project Manager
Raleigh Regulatory Field Office
U.S. Anny Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RNIATI ON
If you only have questions regarding the appeal process you
may also contact:
Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9.M15
Atlanta, Georgia 30303-8801
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 investigation, 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 and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, AttwAndrew Williams, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M IS, Atlanta, Georgia
30303-8801