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