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