20070263 Ver 1_More Info Received_20070301

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT ~ /~
Action ID. SAW-2007-763-065 County: New Hanover USGS Quad: Wilmington
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: NC Department of Transportation: Highway Division 3
Address: Attn: Mr. H. Allen Pone, Division Engineer
124 Division Drive
Wilmington, North Carolina 28401
Telephone No.: 910-251-5724
Size and location of property (water body, road name/number, town, etc.): The proiect area (No. 15B.11) is located at
Bridge 11, known as the Isabel Holmes Bridge, on US 74/NC 133, in the Northeast Cape Fear River, in
Wilmington, North Carolina.
Description of projects area and activity: Authorization for temporary impacts to include the excavation of 0.08
acres of jurisdication waters (the NE Cape Fear River) at Bridge Bents 15 and 16, for the purpose of relocating an
existing submarine cable to a deeper depth, to accommodate the USACE Wilmington Harbor deepening proiect.
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 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, 2007. 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. 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 new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
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 (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
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 Jennifer Frye at 910-251-4923.
Corps Regulatory Official ~~_ Date: 3/1/2007
Expiration Date of Verification: 03/18/2007
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Determination of Jurisdiction:
A. ^ 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).
B. ®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 maybe relied upon for a period not to exceed five years from the date of this
notification.
C. ®There 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.
D. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued .Action ID
Basis for Determination
The project area includes the Northeast Cape Fear River, a Navigable Water of the United States.
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 attached customer Satisfaction Survey or visit http://www.saw.usace.army.miUWETLANDS/index.html to
complete the survey online.
Copy Furnished:
Mr. Ken Averitte, DENR-DWQ, FRO, 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Mr. Mason Herndon, DOT Division Office, Highway Division 3, 124 Division Drive, Wilmington, NC 28401
Mr. John Hennessy, DENR-DWQ, 2321 Crabtree Blvd., Suite 250, Parkview Building, Raleigh, NC 27604
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Acti~rri ID Number:SAW-2007-763-065 County:New Hanover
Permittee: NC Department of Transportation: Hi~hway Division 3
Date Permit Issued: 3/1/2007
Project Manager: Jennifer Frye
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
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
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
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