20100063 Ver 1_Modifications_20100909

Mcmillan, Ian
From: Debbie Edwards [[e-mail]]
Sent: Thursday, September 09, 2010 11:28 AM
To: Mcmillan, Ian
Cc: Kevin Martin
Subject: Franklin County HUB 401 Certification and Authorization Certificate Modification Request,
DWQ Project #10-0063
Attachments: WQC 3821_083010.pdf; NWP 14 and 39-Franklin Cc HUB_09-09-10.pdf
Ian,
We received our copy of the 401 Certification and Authorization Certificate for the Franklin County HUB site (see
attached). In reviewing, it seems as though there are some areas that may need modifications. I have summarized our
comments below:
1) The Approval should be written to the property owner, not the applicant. The permittee should be:
Ronald W. Goswick
Kerr-Tar Regional Economic Development Corporation
PO Box 709
Henderson, NC 27536
2) The USACE made a mistake and didn't include a NWP 14 in their verification. I have contacted James and he has
made the changes, attached is the new 404 verification. Please modify to include WQC 3820;
3) Condition #6, the Compensatory Mitigation condition, should be written in a way that indicates 715 linear feet of stream
is for the DWQ, not 1900. There is a total of 1905 for both the DWQ and the USACE. I would suggest the following
however please modify as you see fit: "Additionally, you have proposed to preserve 715 linear feet of
important/perennial stream to mitigate for the proposed impacts to 120 linear feet of intermittent stream, as shown on
the Sketch Map-Mitigation Site (HUB) map dated July 22, 2010, and received by the DWQ on August 6, 2010".
4) Also within condition #6, the table within the mitigation condition includes the 120 linear feet of intermittent stream which
should be removed OR the sentence above that "...authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement" should be modified. This statement along with the table indicates that a
compensatory mitigation payment is required for the 120 LF of intermittent stream however we are meeting our
mitigation requirement for the 120 LF of intermittent stream through preservation.
Thank for your consideration and please let me know if you have any questions.
Debbie
Debbie Edwards
Soil & Environmental Consultants, PA
1 1010 Raven Ridge Road, Raleigh, NC 27614
office: 919-846-5900
fax: [phone]
mobile: [phone]
cntail: dedwards L&sandec. coin
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
i ?
t
Action ID. 201000333 County: Franklin USGS Quad: Fraklinton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Kerr-Tar Regional Economic Development Corp.
Address: Attn: Ronald Goswiek
P.O. Box 709
Henderson. NC 27536
'T'elephone No.: 252-436-2040
Size and location of property (water body, road namelnumber, town, etc.): The property is 252 acres located adiacent
to the Franklin County Airport near Franklinton Franklin County and contains unnamed tributaries, and their
adiacent wetlands which flow to Cedar Creek in the Tar-Pamlico River basin.
Description of projects area and activity: This permit verification allows for 238 linear feet of permanent stream
channel impacts to stream channels exhibiting important aquatic functions 120 linear feet of permanent impacts
to unimportant stream channels 42 linear feet of temporary stream channel impacts 01313 acres of permanent
wetland impacts and 0.0355 acres of temporary wetland impacts, for the construction of a road, and utilities to
service the Franklin county HUB site in strict accordance with the plans submitted in the PCN on April 12,_2010.
Mitigation is required for this proposal .
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: 39 and 14
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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
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 twenq 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 James Lastinger at 919-554-4884 ext 32_
Special Conditions:
1 In order to compensate for impacts to 238 linear feet of stream channel exhibiting important aquatic
functions the permittee shall make payment to the North Carolina Ecosystem Enhancement Program
(NC EEP) in the amount determined by the NC EEP sufficient to perform the restoration of 238 linear
feet of warm water stream channel in the Tar-Pamlico River Basin Cataloging Unit 03020101.
Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the
NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the
mitigation work required, in compliance with the MOU between the North Carolina Department of
Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington
District, dated November 4. 1998.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Anproximation,1990; or in accordance with Cowardin, et Al
(1979). Classification of Wetlands and Deepwater Habitats of the of the United States"
2 The wrmittee shall implement the stream and wetland mitigation plan entitled "Franklin County HUB
Site: Comnensatorv Mitigation Plan" dated August 6 2010 This plan provides for compensatory
mitigation requirements for the project fill impacts for piping and road crossing to iuMicfional waters (i.e.,
piping and rip rap of 238 Unear feet of stream channel eiMbiting important aquatic function and.167_acres
of wetlands) The germittee shall implement the presefvation of stream channels and wetlands onsite as
described in plans submitted on August 6 2010 prior to or concurrently with any impacts to waters of the
United States associated with this pert}iiit authorization Declaration of Restrictions shall be recorded and
pasted before impacts to jurisdictional waters occur, or by September 30, 2010, whichever occurs first.
Upon Recordation of Restrictions the applicant shall provide a copy to the U.S. Armv Corps of Engineers.
This plan provides for the offsite preservation of a total of 1,905 linear feet of perennial stream channel
frontage, and 1,67 acres of wetaands No development of any type will be allowed in the preservation areas.
3 The vermitce shall maintain a 200 foot vegetated buffer along the northeastern boundary of the Franklin
HUB property, as required by SHPO in their letter dated March 30, 2010.
Corps Regulatory Official _ Date: 08113/2010
Expiration Date of Veriation: March 18,201Z
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 httpl/regulatgry,usacesurV9 co to complete the survey
online.
Page 2 of 2
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
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
'T'here 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 regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification,
L__ he 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: Established OHWM and the Corps 1987 Wetland Delineafloa Manual
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 make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
<y tr.: jean h:anuele, Field Office Ch-lei
Raleigh Regulatory Field Office
333I Heritage Trade Dr., suite 105
Wake Forest, North Carolina 27587
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 District 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 October 13, 2010.
**It is not necessary to submit an FA form to the District Office if you do not object to the determination in this correspondence."*
Corps Regulatory Official-
Date 08/1342010 Expiration Date iQ8/ 3/2015
SURVEY PLAT'S, FIELD SKETCE, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
t :..F0 'FHE FILL COPY OF 'I IIS FORM, IF REQUIRED OR AVAILABLE.
i.:upyruriushed_
Soil and Environmental Consultants
Attn: Kevin Martin
110 10 Raven Ridge Rd.
Raleigh, NC 27614
Page 3 of 2
Action ID Number: SAW-2010-00333 County:Franklin
Permittee: Ronald Goswick
Date Verification Issued: August 13, 2010
Project Manager: James Lastineer
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
RALEIGH REGULATORY FIELD OFFICE
3331 HERITAGE TRADE DR., SUITE 105
WAKE 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
5
NOTTFIOAlTON OF ADIVIINISTRATIVE APPEAL OPTIONS AND PROC&SS AND
REQUEST FOR APPEAL
Applicant: Ronald Goswick File Number: SAW-2010-
00333 Date: August 13, 2010
At tached is_ Set Section below
_
INI I'IAL PROFFERED PERMIT (Standard Pemnit or Letter of
ermission A
PROFFERED PERMIT Standard Permit or Letter of ernnission B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I • The folluwiag id ntiiies your rights and cptions rt gatding an admiuus'trative appeal tit tho above;
decision. Additional inlotmation rmy be found at bgp e???v1 1 4 t. lu ti???L 'tt. v; ce< ,%vq:' eg or
t_,2 s ro,uiaUons at a3 Ci?R fart 33I.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, 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 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 therein, you may request dot, 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 days of the date 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
permit to address all of your concerns, (b) modify the permit to address some 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 engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, 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 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
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form 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.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the 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 may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II 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 notice.
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 an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11 - REQUEST FOR APPEAL- or OBJECTIONS TO AN IN 1TML 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 any supplemental 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.
POINT OF CONTACT FOR QUESTIONS OR INFORTtiU TIO.N-
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
James Lastinger, Regulatory Specialist Mr. Mike Bell, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
3331 Heritage Trade Dr., suite 105 U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, NC 27857 60 Forsyth Street, Room 9M15
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. Yo"?
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:
Si store of appellant or !lent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Jean Manuele, Field Office Chief, Raleigh
Regulatory Field Office, 3331 Heritage Trade Dr., 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 9M15, Atlanta, Georgia
30303-8801