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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