HomeMy WebLinkAbout20201521 Ver 1_B-5619 RGP-50_20210315 U.S. ARMY CORPS OF ENGINEERS
WILMINGTON 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) 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 LenoirCo,North Carolina.
Description of projects area and activity: Replace functionally obsolete and structurally deficient Bridge No.52 over the Neuse
River and BridgeNo.152 over the Neuse River overflow on SR1389(Hardy Bridge Road).This RGP authorizes 0.047 acres of
permanent riparian wetland impacts and 0.45 acres of temporary impacts associated with a temporary work bridge.
Applicable Law: ® Section 404(Clean Water Act,33 USC 1344)
® Section 10(Rivers andHarbors Act,33 USC 403)
Authorization: Regional General Permit Number and/orNationwide Permit Number:GP 50-NCDOT-Bridge,Road Widenings
and Interchanges
SEE ATTACHED RGP or NWP GENERAL,REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordancewith the attached
conditions and your submitted application and attached information dated March 8,2021.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 verificationwill rema invalid untilthe expiration date identified belowunless 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
genera l p erm it authorization is reissued a nd/or m odified,this verification will rem a in valid until the expiration date identified below,
provided it complies with all requirements of the modifiednationwide permit. If the nationwide and/or regional general permit
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 upon the nationwide and/orregionalgeneralpermit,will remain authorizedprovided the activity is complete d
within twelve months of the date of thenationwide and/orregionalgeneralperrnit'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 subjectto Section 404(as indicated above)may also require an individual Section 40 1 Water Quality Certific at ion. You
should contact the NC Division of Water Resources(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 theArmy verification does not relieve the permittee of theresponsibility to obtain any other required Federal,
State orlocalapprovals/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.Steffens@usace.army.mil.
Corps Regulatory Official: 1M / Date: March 15,2021
Expiration Date of Verification: May 2 ,2025
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 appealable action under the Regulatory Program Administrativ e App eal Process(Reference 33 CFR Part
33 1). However,youmay 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 appeal mustbe received by the Corps andtheappealprocess concludedpriorto the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ® There are Navigable Waters of the United States within the above describedproject area subjectto 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 publishedregulations,this determination may be relied upon for a periodnot to
exceed fiveyears from the date of this notification.
3. 0 There are waters,including wetlands,within the above describedproject 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 periodnot 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 approvedJD,which is an appealable action,by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the a bove describedproject 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/determination has 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 Program participants,or anticipate p articipation in USDA programs,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 in A2 and A3 above).
If you object to this determination,you mayrequest an administrative appealunder Corps regulations at 3 3 CFR Part331. Enclosed
you will find a Notification ofAppeal Process(NAP)fact sheet andRequest for Appeal(RFA)form. Ifyourequest 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 30303-8801
Phone:(404)562-5137
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,thatit meets the criteria for appeal
under 33 CFR part 331.5,andthat it has been receivedby the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form,it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Thomas Steffens
SAW-2019-01183
Date of JD: March 15,2021 ExpirationDate 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=1 36:4:0.
Copy furnished:
SAW-2019-01183
SPECIAL CONDITIONS
1.CONSTRUCTION PLANS: All work authorizedby this permit mustbe performed in strict compliance with the attached
plans dated March 8,2021,which are a partof this permit. Any modification to these plans mustbe approved by the US
Army Corps of Engineers(USACE)prior to implementation.
(a)BRIDGE DEMOLITION:Bridge 52 and/or Bridge 152 demolitionplans willbe provided to the Corps of
Engineers as soon as they are available.The bridge demolitionplans will become a part ofthis permit and subject to,but not
limited to,to any ofthe conditions that follow.The demolitionplans,and anypotentialmodificationto them,must be
approved by the US Army Corps of Engineers(USACE)priorto implementation.
2.UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or anyUSACE approved modification to
this permit,no excavation,fill or mechanized land-clearing activities shall take place at anytime in the construction or
maintenance of this project,within waters orwetlands. This permit does not authorize temporaryplacement or double
handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project.
3.MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attachedto this permit,no
excavation,fill or mechanized land-clearing activities shalltakeplace at anytime in the construction or maintenance ofthis
proj ect,in such a manner as to impair normal flows and circulation patterns within waters orwetlands or to reduce the reach
of waters orwetlands.
4.DEVIATION FROM PERMITTED PLANS:Exceptas authorized by this permit or anyUSACE approved modification
to this permit,no excavation,fill,or mechanized land-clearing activities shall take place at anytime in the construction or
maintenance of this project,within waters orwetlands,or shall any activities take place that cause the degradation of waters
or wetlands.There shall be no excavation from,waste disposal into,or degradation of,jurisdictional wetlands or waters
a ssociated with this permit without appropriate modification of this permit,including appropriate compensatory mitigation.
This prohibition applies to allborrow and fill activities connected with this project. In addition,exceptas specified in the
plans attached to this permit,no excavation,fill or mechanized land-clearing activities shall take pla ce at any time in the
construction or maintenance o f this project,in such a manner as to impair normal flows and circulation patterns within,into,
or out of waters orwetlands or to reduce the reach of waters orwetlands.
5.BORROW AND WASTE:To ensure that allborrow and waste activities occur on high ground and do not result in the
degradation of adjacent waters and wetlands,except as authorizedby this permit,thepermittee shall require its contractors
and/or agents to identify all areas to be used to borrow material or to dispose of dredged,fill or waste material. The permittee
shallprovide the Corps of Engineers with appropriate maps indicating the locations ofproposedborrow or waste sites as
soon as such information is available. The p ermittee will coordinate with the Corps of Engineers before approving any
borrow or waste sites that are within 400 feet ofany stream or wetland. Alljurisdictional wetland delineations onbonuw and
waste areas shall be verified by the Corps of Engineers and shown on the approved reclamationplans. The pennittee shall
ensure that all such areas comply with Special Condition 4 of this permit and shall require and maintain documentation ofthe
location and characteristics of allborrow and disposal sites associated with this project. This documentation will include data
regarding soils,vegetation and hydrology sufficient to clearly demonstrate compliance with Special Condition 4. All
informationwill be available to the Corps of Engineers upon request. The permittee shall require its contractors to complete
and execute reclamation plans for each waste and borrow site andprovide written documentation that the reclamationplans
have been implemented and allwork is completed. This documentation will be provided to the Corps of Engineers within 30
days of the completion of the reclamation work.
6.PRE CONSTRUCTION MEETING: Thepermittee shall schedule and attenda preconstruction meetingbetweenits
representatives,the contractors representatives,and the Corps of Engineers,Washington Regulatory Field Office,NCDOT
Regulatory Proj ect Manager,prior to any work within jurisdictional waters and wetlands to ensure that there is a mutual
understanding ofallthe terms and conditions contained with this Department of Army Permit. The permittee shallprovide
the USACE,Wa shington Regulatory Field Office,NCDOT Project Manager,with a copy ofthe finalpermit plans at least
two weeks priorto the preconstruction meeting along with a description ofany changes that havebeenmadeto the project's
design,construction methodology or construction timeframe. The permittee shall schedule the preconstruction meeting for a
time frame when the USACE,and NCDWRProject Managers can attend. The permittee shall invite the Corps andNCDWR
Project Managers a minimum of thirty(30)days in advance of the scheduled meeting in order to provide those individuals
with ample opportunity to schedules andparticipate in the required meeting.
7.SEDIMENTATION/EROSION CONTROL PLAN:
a.)During the clearing phase ofthe project,heavy equipment must notbe operated in surface waters or stream channels.
Temporary stream crossings willbe used to access the opposite sides of stream channels. All temporary diversion channels
and stream crossings will be constructed ofnon-erodible materials. Grubbing of riparian vegetation will not occur until
immediately before construction begins on a given segment of stream channel.
b.)No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within jurisdictional
waters,including wetlands,unless the impacts are included on the plan drawings and specifically authorized by this permit.
c.)The permittee shall remove all sediment and erosion control measures placedin wetlands or waters,and shall restore
natural grades on those areas,prior to project completion.
d.) The permittee shall use appropriate sediment and erosion controlpractices which equal or exceed those outlined in the
most recent version of the"North Carolina Sediment and Erosion Control Planning and Design Manual"to assure
compliance with the appropriate turbidity water quality standard. Erosion and sediment controlpractic es must be in full
compliance with all specifications governing the proper design,installation and operation and maintenance of such Best
Management Practices in order to assure compliance with the appropriate turbidity water quality standards.This shall
include,but is not limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject
to soil disturbance or the movement ofearthen fill,and the immediate stabilization ofa ll disturbed areas. Additionally,the
project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973(North Carolina
General Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control measures must be implemented prior
to any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures must be inspected
and maintained regularly,especially followingrainfall events. All fill material must be adequately stabilized at the earliest
practicable date to prevent sediment from entering into adjacent waters or wetlands.
8.WATER CONTAMINATION:All mechanized equipment will be regularly inspected a nd m aintained to prevent
contamination of waters and wetlands from fuels,lubricants,hydraulic fluids,or other toxic materials. In the event of a spill
of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C.Division of Water
Quality at(919)733-3300 or(800)858-0368 andprovisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
9.ENDANGERED SPECIES ACT:
a.) Threatened and Endangered Species Act:The Permittee shall implementallnecessary measures to ensure the authorized
activity does not kill,injure,capture,harass,or otherwise harm any federally listed threatened or endangered species.
While accomplishing the authorizedwork,if the Permittee discovers or observes an injured or dead threatened or
endangered species,the U.S.Army Corps of Engineers,Wilmington District,Washington Regulatory Field Office,Attn:
Thomas Steffens at 910-251-4615,orthomas.a.steffens@usace.army.milwill be immediately notified to initiate the
required Federal coordination.
b.) The U.S.Fish and Wildlife Service's(USFWS's)Programmatic Biological Opinion(PBO)titled,"NCDOT Program
Effects on the Northern Long-eared Bat in Divisions 1-8",dated November 6,2020,contains agreedupon conservation
measures for the NLEB.Your authorization under this Department of the Army permit is conditional up on your
compliance with all agreedupon conservationmeasures in the PBO,which are incorporatedby reference in this permit.
Failure to comply with these conservation measures would constitute noncompliance with your Department ofthe Army
permit.The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO,and
with the ESA.
10.NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall advise
the Corps in writing prior to beginning the work authorizedby this permit and again upon completion of the work authorized
by this permit.
a.)Prior to construction within any jurisdictional areas,thepermittee must correctly install silt fencing(with or without safety
fencing)parallel with the construction corridor,on both sides ofthe jurisdictional crossing. This barrier is to serve both as an
erosion control measure anda visual identifier of the limits of construction within anyjurisdictionalarea. The permittee must
maintain the fencing,at minimum,until the wetlands have re-vegetated and stabilized.
11.CLEAN FILL: Unless otherwise authorized by this permit,all fill material pla ced in waters or wetlands shallbe
generated from anupland source and will be clean and free ofany pollutants except in trace quantities. Metal products,
organic materials(including debris from land clearing activities),or unsightly debris will not be used.Soils used for fill shall
not be contaminated with any toxic substance in concentrations govemedby Section 307 of the Clean Water Act.
12. PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project,and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit,
including all conditions,shallbe available at the project site during construction and maintenance of this project.
13.SILT-FENCING: The p ermittee shall employ all sedimentation and erosion controlmeasures necessary to prevent an
increase in sedimentation orturbiditywithin waters and wetlands outside the permit area. This shall include,but is not
limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance
or the movement of earthen fill,and the immediate stabilization of a 11 disturb ed areas. Additionally,the proj ect must remain
in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973(North Carolina General Statutes
Chapter 113A Article 4).
14.PERMIT REVOCATION: The permittee,upon receipt of a notice ofrevocation of this permit or upon its expiration
before completion of the work will,without expense to the United States and in such time and manner as the Secretary of the
Army or his authorized representative may direct,restore the water or wetland to its pre-proj ect condition.
15.EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control
measures placed in wetlands or waters,and shall restore natural grades in those areas,prior to project completion.
16.TEMPORARY DISCHARGES:Temporary discharge o f excavated or fill material into wetlands and wa ters o f the
United States will be for the absolute minimum period of time necessary to accomplish the work.All authorized temporary
wetland,stream,and tributary impacts willbe returned to pre-disturbance grade and contour,andre-vegetated.
17.REPORTING ADDRESS: All reports,documentation and correspondence requiredby the conditions ofthis permit
shallbe submittedto the following address: U.S.Army Corps ofEngineers,Regulatory Division,Washington Regulatory
Field Office,c/o Mr.Thomas Steffens 2407 West 5th Street,Washington,North Carolina 27889,and by telephone at:910-
251-4615. The Permittee shall reference the following p ermit number,SAW-2016-01147 on all submittals.
18.REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND HARBORS ACT: Violation of
these conditions or violation of Section 404 of the Clean Water Act of Section 10 of the Rivers and Harbors Act must be
reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the discovery ofthe
violation.
19.COMPLIANCE INSPECTION: A representative ofthe Corps of Engineers will periodically and randomly inspectthe
work for compliance with these conditions.Deviations from these procedures may result in an administrative financial
penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps.
20.CONCRETE CONDITION:Thepermittee shalltakemeasures to prevent live or fresh concrete,including bags of
uncured concrete,from coming into contact with any water in or entering into waters of the United States.Water inside coffer
dams or casings that has been in contact with concrete shall only be retumedto waters of the United States when it no longer
poses a threat to aquatic organisms(concrete is set and cured).
21.NAVIGATION-SECTION 10:
a.)This permit does not authorize the interference with any existing or proposed Federal project,andthe Permittee will not
be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or
future operations undertaken by the United States in the public interest.
b.)The authorized structure and associated activity must not interfere with the public's right to free navigation on all
navigable waters of the United States. No attempt willbe madeby the permittee to prevent the full and free use by the public
of allnavigable waters at or adjacent to the authorized work forreasons other than safety.
c.)The Permittee must install and maintain,at its expense,any signal lights and signals prescribed by the U.S.Coast Guard,
through regulations or otherwise,on all authorized facilities constructed within navigable waters of the United States.
d.)It is possible that the authorized structure may be damaged by wave wash from passing vessels.The issuance of this
permit does not relieve the Permittee from taking allproper steps to ensure the integrity of the permitted structure and the
safety of moored boats and barges. The Permittee will not hold the United States liable for any such damage.
e.)The Permittee,upon receipt ofa notice ofrevocation of this permit or upon its expirationbefore completion ofthe work,
will, without expense to the United States and in such time and manner a s the Secretary of the Army or his authorized
representative may direct,restore the waterway to its former conditions. If the Permittee fails to comply with this direction,
the Secretary orhis representative may restore the waterway,by contract or otherwise,and recover the cost from the
Permittee.
f.)The permitteeunderstands and agrees that,if future operations by the United States require theremoval,relocation,or
other alteration,of the structure or work herein authorized,or if,in the opinion ofthe Secretary of the Army orhis authorized
representative,said structure or work shall causeunreasonable obstruction to the free navigation o f the navigable waters,the
permittee will be required,upon due notice from the U.S.Army Corps of Engineers,to remove,relocate,or alter the
structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the
United States on account ofany such rem oval,relocation,or alteration.
g.)The permittee shall notifyNOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261,1315 E West
HWY-RM 7316,Silver Spring,MD 20910-3282 at least two weeks prior to beginning work and upon completion of work.
h.)The temporary work bridges shall have a vertical and horizontal opening no less than the existing bridge structure if they
span the entire navigational channel. If the temporary work bridge does not span the existing navigational channel and a
horizontal na vigational opening is left equal to or greater than the existing navigational zone under the existing bridge,then
the temporary work bridges vertical clearance can be less than the existing opening.
22.ANADRAMOUS FISH MORATORIUM:
An in-water work moratorium from February 15—September 3 0 will be adheredto due to theNeuse River being an Inland
Primary Nursery as well as Critical Habitat for the Atlantic Sturgeon at this location.
NOTE:All utility work performed under a non-reporting Nationwide Permit 57(NWP 57—Electric Utility Lines)associated
with this projectis subjectto all applicable terms and conditions ofthe NWP 57 and Wilmington District Regional
Conditions.
Failure to institute and carry out the details of special conditions 1-22,may result in a directive to cease all ongoing
and permitted work within waters and/or wetlands associated with TIP No.B-5619,or such other remedy as the
District Engineer or his authorized representatives may seek.
Action ID Number: SAW-2019-01183 County: Lenoir County
Permittee: Chris Rivenbark q
NCDOT-NEU Vtt
Project Name: NCDOT B-5619 Bridge 152-52 Hardy Bridge Rd Neuse River
Date Verification Issued: March 15,2021
Project Manager: Thomas Steffens
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
Attn: Thomas Steffens
Washington Regulatory Field Office
2407 West 5th Street
Washington,North Carolina
27889
Please note that your permitted activity is subject to a compliance inspection by a U. S.Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty,or initiating other appropriate legal action.
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