20110413 Ver 1_More Info Received_20110827

Strickland, Bev
From: Jay Keller [[e-mail]]
Sent: Saturday, August 27, 2011 11:22 AM
To: Mcmillan, Ian
Cc: Strickland, Bev; Dennison, Laurie; 'Rick Baker'; [e-mail]
Subject: hodge rd widening; DWQ 11-0413
Attachments: hodge rd widening 404 permit 8-17-11.pdf
Hope you're doing well Ian, we are. Twins are 4 weeks old and home doing well.
We received the 404 permit for the hodge road widening project yesterday. I've attached it if Bev
wants to file it. Any update on the 401 permit issuance would be appreciated. Let me know if there
are any questions or clarifications. Thanks, Jay
Jay Keller
Principal
Keller Environmental, LLC
7921 Haymarket Lane
Raleigh, NC 27615
[phone] cell
www.kellerenvironmental.com
I T.S. ARMY CORPS OF I4 NCB I.NEERS
WILMINGTON DISTRICT
Action Id. 'iA3y-201 1-{}1010 County: Wake U.S.G.S. Quad: NC-RAI.1 11{ EAST
rENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Evergreen Construction r eat: Keller Fnvironinental, LLC
Tian Morgan Jay Keller
7706 Six Forks Roast Address: 7921. LJavrnarket Lane
Raleigh, NC, aleeiah, NC, 27015
_2 f615 R F
Size and Ibcation of'pr:)petty (water body, road name/number, tovol, etc.):
Ming®10fukr Blvd.. Latitu a 35.7'?49 Lcln.LiLu4e -- Lk.-5234
Property is located between US H41y 64 and
of projects area and activity: Site i$ Located on Bodge Road in the city of Kniahtdale (" ittide 35.7749 Lonagitute -
temporary p tn?tp station Ivill be setup to pump stream around construction site. 0,057 acres of wetland will be
perrnanen l Jim acted 0.067 of wetland will be Lena o Arilj irn2acted.
Applicable Law. Section 444 (Clean Water Act, 33 USC 1344)
? Section. 10 (Rivers and Harbors .Act, 33 CISC 403)
.Authorizatibn: Regional General Permit Number or Nationwide Permit Number: NWP 29
SEE .AT' ACIIIED NATIONWIDE: AND SPECIAL CONDITIONS.
Your rk is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your subtuitted application and attached information dated 29 July 2011. 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
appropr4at}e legal action.
This ve ideation invalid until the NWP is moditM, reissued, or revoked. All of the existing NWPs are scheduled t6be modified,
reissued, o revoked prior to March 18, 201.2. It is hictunbeni upon you to remain informed of changes to the NWPs. Ws will issue a
public noti e when the NWl?s are reissued, Furthermore, if you commence or are under contract to commence this activity before the
date that th , relevant nationwide'perinit is modified or revoked, you will have twelve (12) months from the date of the itioditication or
revocation bfthe NWP to complete the activity under the present terms acid conditions of this nationwide permit..
Activitic s subject to Section 404 (as iMir„aced. above) may also rG(juire an indk idwil Section, 401 Water Quality C'.-rtiticatiun. You
should con act the NC.Division,of Water Ouaality (telephone [phone]) to determine Section 401 requirements.
For activities occurritig'within thkl' tvmy coastal counties subject to regulation under the Coastal Area Management I Act(CAMA),
prior to be inning work you must contact the N .C. Division of Coastal Management
This De iartment of the Arinv verification-does n6t relieve t' ie perinittec )file T•espodsibility to obtain any other reipiired F'eder'al,
State or loctire l approvals/pertiuts:
If tlteie . any questions ie qding this. verification, any (if the conditions ofth,: Perm.it,.or the Corps cif I>nf ineers regulatory
prograin,I please contactC.raiLi Bro%6 at'919-5?a ?l$84 eat: 33
Corps Regulatory Official. Craig; J. f?iomi I)ati:: R• l7-?O11
Lxpiration Date of Verification, 3-18-2012 f
The Wilmi gton District is committed to providing the highest level of support to the public, Fo hetp us ensure We coniinue to do so,
please com lete the attached customer Satisfaction Survey or visit h s:/; er?_nw usace a ruv:mil survey html to complc to the survey
untine.
k Determination of Jurisdiction:
' f
A. ? 134ed on preii ninary 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 N' ogrant Administrative Appeal Process
Refb?ence 33 CFR fart 331).
I
B, -J 11l re are Navigable Waters of the United States within the above described project area subject to the.perinit rc?igttiretttents of
Sectio 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Oriless there is a change in the law or our
public ed regulations, this determination may be relied'upon fora-period not to exceed five years from the date of tlhis
not ificiation.
`s
C. 0 '1'11?.re are waters of the US and-lor. N.?•etlands;withtnthc'ahove described project area subject to the permit requi.refinetits of
Section 404 ofthe Clean Water Act(C WA')(33 1-'15(, §J344), Unim flieze,is-&cligrige?in,tlae law or our published regLila tious,
this d tcrmination may be relied upon for a period not to exceed five years born the date of this notification.
D. [] '1 he jt:ris<fictiona] w•eas within the'above. dewibed project area have been idefttified tinder a previous action. Please reference
jurisdictional detenvination issued Action ID:
Basis For Determination
Rema
Attention GTSDA 'rogram Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identif ied ih this request, 'rhe delineation'determination may not be valid for the wetland conservation provisions of tltc Food Security
Act of 198. If',you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified ?,etlattd determination From the local office of the Natural Resources Conservation Service, prior to starting Work.
Appeals Onfort>` ation (This information applies only to approved jurisdictional deterininations as indicated in. B. and C.
above) E
i
This corr4ondeace constitutes art approved jurisdictional determination (or the above described site. I f you object to this
deter ntination, you may request an acirnini.strative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Noti0catlo4i w- Appeal Process (h AP) fact sheet and request for appeal tRFA) form. If you request to appeal this deterrainatiun you
must subm t a. completed R.FA form to the following address:
District 4gineer, Wilmington Regulatory Division .
.Attar: C'r g Brown
E
In order lo lan PFA to be accepted by the Corps, the Corps, ixtust deterutine that it is complete, that it meets the criteria for appezi
under 33 t R Bart 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 s*bimit an RFA form, it must be received at the above address by 21 October 20911.
E
**It is not ?ecessm- to submit an RFA form tci t District Ofli 'e if you do not object to the determination in this correApoadence."
Corps Regulatory Official: Craig Brown
J
;Date 17 August 2011. Expiration Data; 18 March 2012.
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Affached. is:
File Ntunber:
PROFFI], U) P1=KMIT' (Standard Permit or Letter of
TD _;NIAL
WED URISDICT'IONA.I. DETERMINATION
.%IINAR.Y JURESIDICT'ION,AL DET RNIINAT"ION
Date. 17 August ?011
See Section below
A

A: fNi f.T IAL PRO F'I RED PFRMU, You may accept or o1ject to the permit.. _
• ACCE T: If you received a Standard Permit, you may sign the permit document and return it to the district engineer liar final
authorization. If yon received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the , tandard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, iincluding its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJE 'T-, If you object to the permit (Standard or LOP) beca€tse of certain. terms and conditions therein, you may request that the
permit e modified accordingly. You must complete Section It of this form and return the Form to the district engineer. Your
objectic ns must be received by the district engineer within 60 days of the date of this notice, or you will f'orf`eit your right to appeal
the petrhit in the future. Upon receipt of your letter; the district engineer will evaluate your objections and may. (a) modify the
permit io address all of your concerns, (b) modify the permit to address some of•your objections, or (c) not modify the permit
having hetermined 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
• ACCT:I 'f: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authori• ation. If you received a Letter of Permission (.LOP), you may accept the LOP and your work is authorized. Your signature
on the tandard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal thy;
nerrnit, includinu its tea's and conditions, and approved.jtitisdictional determinations associated with the permit.
• APPEAL: Ifyou choose to decline the proffered permit. (Standard orl OP) 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 :?e t ing the form to the division engineer, This form must be received by the division engineer within 60 days of the date of
this nodef;.
-------------
PER1,111 I' DENIAL: You may appeal the denial of a penn.it under t
he Corps of Engineers Administrative Appeal Process by
cottzpleting $ecti.on 11 of this form. and sending the form to the division engincer. 'T'his fotn€ must be received by the division engineer
within 60 dts of the date of this notice.
e
i
PERMIT (Standard Permit or Letter of permission)
l) ;\I?.l'k2C)111,f) .ll?Ii-1SDl(; l'ff>NTAf. C?1.T FRMINAI`ION: You inay accept or appeal the approved JD or
provide 4w inf'orniation.
• AC:CEV': You do not need to notify the Corps to accept an approved .II.). Failure to notify the Corps within 60 days of the dale of
this no 'cc, niear s that you accept the approved 3l) in its entirety, and waive aH rights Lo appeal the. approved JD.
4 A,.PPFjAL: If you disagree with the approved JD, you leas appeal the approved .1U under the Corps of Fngine€,rs Administrative
Appeal k'rocess by cornpletin.g Section it of this forin and sending the fo.rin to !fie district engineer. -this form in wt €?e received by
the div ,ion engineer within 60 days of the date of this notice.
F: PRFL't Ml.NARY Tt R1SDJC::TIUNA.l. D-I;`"if°sRMINA` ION: You do not need to respond to the Corps
regarding the prelimitnary JD. The Preliminary JI) is not appealable. If you wish., you ma.y re nest an approved
JD (whlcl may be appealed), by contacting the Corps district for further instruction. Also you may provide new
intorrnat n for further consideration by the Corps to reevaluate the JD.
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REASONS. FOR A.PI'E:AI. OR OBJEC'.110INS: (Describe your reasons for appealing the decision-or your
objectlonsi to an irnntial 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.)
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ADDITIC "AL I:N1't)ftMA`i'IOM The appeal is limited to a review of the, administrative record, the Corps
memorand um for the record of the appeal conference or meeting, and any supplemental information that the
review of ficer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add d ew information or analyses to the record. However, you may provide additional information to clarify
the locati 'n of in-forination that is alread in the administrative record.
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tZw ? t- 'r+ vin
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If you hake questions regarding this decision if yogi only have questions regarding the appeal process you
and/or th.'appea.l process you may contact: may also contact:
District E gineer, Wilmington Regulatory Division., ?1r. Jason Steele, Administrative Appeal Review Officer
Attar: Cra Brown CESAD-E'T-CO-R
U.S. Army Corps of Engineers. South Atlantic Di-vis-ion
60 Forsyth Street, Room 914 15
,Atlanta, Georgia 30303--8801
RIGHT O { I;N,rRY: Your signature below grants the right of entry to Corps of Engineers personnel, and arty
goverru ne t consultants, to conduct investigations of the project site during the coarse ofthe appeal process. You
will be prC vided a 1.5 day notice of any site investigation, and will have, the opportunity to participate in all site
investigat' _n_ .
Date: 'telephone numb?r:
Signature )f aul.lant or a cnt,
For app is on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District l~ mincer, Wilmington ReauElatory Division, Attn. Cram brown
For Per#tit denials and Proffered Permits send this forin to-,
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, .Attu: '1[r. Jason Steele,
AdminiI?tratfve.Alapeal Officer, CESAf)-E'.Y`-C0-R., 60 Forsyth Street, Room 9M15
Atlanfa,lGeorgia 3030.3-8801.
Action 10 Number- Sjkw-2on-0101 a County: Wake
Permittoe: kvcr-green C;onstructimi
Date I'Omit Issued: 17 August 2011
Project 1 Tanager: Cram Brown
upon cep.
sign this
"pletion of the activity authorized by this permit and any initigatiou required by the hermit,
certification and return it to the following address:
I,'S ARNI T ' CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Craig Brown
Please note that your permitted activity is subject to a compliance inspection by aC1. S. Army Corps of
Enginee's representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or rewocation.
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 condition's.
Date
CE?SAW • RG
Applicat.i n No. SAW-2011-01010
Signature of .t'ertnittee