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HomeMy WebLinkAbout20181530 Ver 1_USACE Permit_20181220 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-02324 County: Beaufort County U.S.G.S.Quad:Washington GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Chris Rivenbark NCDOT-NEU Address: 1548 Mail Service Center Raleigh NC,27699 Telephone Number: Size(acres) 1.5 Nearest Town Washington Nearest Waterway Tar River River Basin Pamlico USGS HUC 03020104 Coordinates Latitude:35.530422 Longitude: -77.073292 Location description: Bridge 3 on US 17 Business over N&S RR Tracks near Chocowinity,Beaufort County,North Carolina. Description of projects area and activity: Replace the existing US 17 bridge over N&S railroad tracks,which requires relocating existing water sewer and power utilities.The existing 5-span 173 foot structure will be replaced on the existing alignment.The new 3-span bridge will be 246 feet long,with a deck width of 70 feet.Water and sewer mains for the City of Washington and a sewer main for the Town of Chocowinity require relocation using directional bore to reduce impacts,but require excavation and fill in wetlands. 1.04 acres of permanent wetland impacts and 0.39 acres of temporary wetland impacts are authorized by this verification. Applicable Law: ® Section 404(Clean Water Act,33 USC 1344) ❑ Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number:NWP 23 Approved Categorical Exclusions and NWP 12 Utility Line Activities 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 accordance with the attached conditions and your submitted application and attached information dated December 20,2018.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 remain valid 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 below, the nationwide and/or regional general permit authorization is reissued and/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 regional general permit authorization expires or is suspended, revoked, or is modified, such that the 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/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit'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 subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. 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 (CAMA), prior to beginning work you must contact the N.C.Division of Coastal Management in Washington,NC,at(252)946-6481. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local 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.Steffens(a usace.army.mil. Corps Regulatory Official: STEFFENS.THOMAS.ANC DigitDNIc=IUSIo=U.S.Government,ou=DoD,ou=PKI,ou=U5A, RUM.12 847062 7 3 Date:2018.112.20 114:2:18-05'00'.1284706273 SAW-2018-02324 Date: December 20,2018 Expiration Date of Verification: March 18,2022 A.Determination of Jurisdiction: 1. ® There are wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act(CWA) (33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal 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 appeal must be received by the Corps and the appeal process concluded prior to 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 described project area subject to the permit requirements of Section 10 of the 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 may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ 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 may be 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 described project area have been identified under a previous action. Please reference the approved jurisdictional 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 may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation 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 may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you 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: Jason Steele,Review Officer 60 Forsyth Street SW,Room 10M15 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,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 of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by SAW-2018-02324 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. STE F F E N S.TH O M AS.A SDTEFFENS.TTHOMAS.ANCRUM.1284706273 Corps Regulatory Official: DN:c=US,o=U.S.Government,ou=DoD,ou=PKI, N C R UP 4.s1e284 7 06 2 7 3 .ANCRUM.1284706273 Date:2018.12.2E 14:52:00 05'EE' Date of JD: December 20,2018 Expiration Date of JD: 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 3 6:4:0. Copy furnished: SAW-2018-02324 SPECIAL CONDITIONS 1.CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the attached plans dated November 15,2018 which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers(USACE)prior to implementation. 2.UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE approved modification to this permit,no excavation,fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement 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 attached to this permit,no excavation,fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4.DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Written verification shall be provided that the final construction drawings comply with the attached permit drawings prior to any active construction in waters of the United States,including wetlands. Any deviation in the construction design plans will be brought to the attention of the Corps of Engineers,Mr. Thomas Steffens,Washington Regulatory Field Office prior to any active construction in waters or wetlands. 5.CZMA: The Permittee shall fully abide by all conditions of the CAMA Major Development Permit No.XXXXX,dated XXXX,when issued by the North Carolina Division of Coastal Management,which are incorporated herein by reference. 6.SILT-FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within 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 all 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). Digitally signed by STEFFENS.THOMAS.A DNcFUS,oHOMGovenRmento84DoD,ou=PKI, NCRUM.1284706273 con=STEFFENS.THOMAS.ANCRUM.1284706273 Date:2018.12.20 14:51:41 -05'00' Action ID Number: SAW-2018-02324 County: Beaufort County Permittee: Chris_Rivenbark NCDOT-NEU Project Name: NCDOT B-5302 Bridge 3 US 17 Bus N&S RR tracks Date Verification Issued: December tttitENS A ned by SDigitally TEEFFENS.�THOMAS.ANCRUM.1284706273 DN:c=US,o=U.S.Government,ou=DoD,ou=PKI, Project Manager: Thomas Steffens NCRUM.1284706273 cn=STEFFEN S.T OMA5'0 ANCRUM.1284706273 Date:2018.12.20 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