Loading...
HomeMy WebLinkAbout20201521 Ver 1_B-5619 NWP 57_20210315 U.S.ARMY CORPS OF ENGINEERS WILMIINGTON DISTRICT Action Id. SAW-2019-01183 County: Lenoir County U.S.G.S. Quad:Seven Springs GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Chris Rivenbark NCDOT-NEU Address: 1548 Mail Service Center Raleigh NC,27699 Telephone Number: Size(acres) 0.50 acres Nearest Town Seven Springs Nearest Waterway Neuse River RiverBasin Neuse USGS HUC 03020202 Coordinates Latitude:35.224716 Longitude:-77.766817 Location description: Bridge 152 on Hardy Bridge Road over Neuse River in Lenoir Co,No rth Carolina. Description of projects area and activity: Applicant proposes to conduct minor overhead electrical utility line relocation.0.30 acres of hand clearing in wetlands or waters of the US within the existing and currently maintained utility Right of Way (ROW)is authorized by this verification. Applicable Law: ® Section 404(Clean Water Act,33 USC 1344) ❑ Section 10(Rivers andHarbors Act,33 USC 403) Authorization: Regional General Penn it Number and/or Na tionwide Permit Number:NWP 57 Electric Utility Line and Telecommunications Activities SEE ATTACHED RGP orNWP 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 and attached information dated March 10.2021.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 remainvalid 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 b elow,the nationwide and/or regional generalpermit authorization is reissued a nd/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 region al general p ermit authorization expires or is suspended,revoked,or is modified,such thatthe 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 uponthe nationwide and/orregionalgeneral permit,will remain authorized provided the activity is complete d within twelve months of the date of the nationwide and/or regional generalpermit'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 subj ect to Section 404(as indicated above)may a lso require an individual Section 40 1 Water Quality Certific at ion. You should contact the NC Division of WaterResources(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 (C AMA), 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 oftheresponsibility to obtain any other required Federal, State or lo cal 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 Thomas Steffens at(910)251-4615 or Thomas.A.Steffensga,usace.army.mil. -ap_o Corps Regulatory Official: Date: March 15,2021 Expiration Date of Verification: M ch 14,2026 SAW-2019-01183 A.Determination of Jurisdiction: 1. ® There are waters,including wetlands,on the above described project area thatmaybe subject to Section404 ofthe Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).This preliminary determination is not an a ppealable a ction under the Regulatory Pro gram Administrativ e App eat 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 appealmustbe received bythe Corps and the appeal process concludedpriorto the commencement of any work in waters of the United States and prior to any work that could alter the hydro logy of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above describedproject area subject to the permit requirements of Section 10 ofthe 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 maybe relied upon for a period not to exceed five years from the date of this notification. 3. 0 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 maybe 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 describedproj ect area have been identified under a previous action. Please reference the approvedjurisdictional determination issued . Action ID:SAW- B.Basis For Jurisdictional Determination: N/A.An Approved JD has not been completed. C.Remarks: D.Attention USDA Program Participants This delineation/detenninationhas been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request The delineation/determination maynotbe valid for the wetland conservationprovisions of the Food Security Act of 1985. If you or your tenant are USDA Progra m participants,or anticipateparticipation in USDAprograms,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations(as indicated inA2 andA3 above). If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification ofAppeal Pro cess(NAP)fact sheet and Request for Appeal(RFA)form. I fyou request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin,App eal Review Officer 60 Forsyth Street SW,Room 10M 15 Atlanta,Georgia 3 0303-8801 Phone:(404)562-5137 In order for an RFA to be accepted bythe 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 Division Office within 60 days ofthe date ofthe NAP. Should you decide to submit an RFA foam,it must be received at the above address by It is not necessary to submit an RFA form to the Division Office ifyou do not object to the determination in this correspondence. Corps Regulatory Official: Thomas Steffens SAW-2019-01183 Date of JD: March 15,2021 Expiration Date ofJD: 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/cm apex/f?p=136:4:0. Copy furnished: Chris Rivenbark NCDOT-NEU 1548 Mail Service Center Raleigh NC,27699