HomeMy WebLinkAbout20131128 Ver 1_401 Application_2013101320 13 1 128
WEST CONSULTANTS, PLLC N.C. Dept of ENR LETTER OF
Consulting Engineers and Survey rs
405 South Sterling Street I OCT 15 2013 ATRANSMITTAL
Morganton, North Carolina 2865
Winston -Salem
f Regional Office v
Phone (828) 433 -5661 Fax (828) 433 -5662
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20131123
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
IM rTM
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP -12 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
® Yes ❑ No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
El Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Wilkes County/Town of Ronda, NC 268 Waterline Project
2b. County:
Wilkes
2c. Nearest municipality / town:
Ronda
2d Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Along NCDOT Rights -of -Way
3b. Deed Book and Page No.
NIA nrr
'701
3c Responsible Party (for LLC if
applicable):
Wilkes County
Room 101, 110 North Street
Wilkesboro, NC 28697
1013
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
336 - 651 -7346
3g. Fax no.:
336- 651 -7546
3h. Email address:
N/A
Page 1 of 10
PCN Form — Version 1 3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Owner
4b. Name:
Wilkes County, John Yates, County Manager
4c. Business name
(if applicable):
Wilkes County
4d. Street address:
Room 101, 110 North Street
4e. City, state, zip:
Wilkesboro, NC 28697
4f. Telephone no.:
336- 651 -7346
4g. Fax no:
336- 651 -7546
4h. Email address:
N/A
5. Agent/Consultant Information (if applicable)
5a. Name:
David W. Poore, PE, CPESC
5b. Business name
(if applicable):
West Consultants, PLLC
5c. Street address:
405 South Sterling Street
5d. City, state, zip:
Morganton, NC 28655
5e. Telephone no.:
828 -433 -5661
5f. Fax no.:
828433 -5662
5g. Email address:
dpoore @west - consultants.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID).
Along NCDOT Rights -of -Way
1 b. Site coordinates (in decimal degrees)
Latitude: 36.23912 Longitude: - 80.89692
(DD DDDDDD) ( -DD DDDDDD)
1 c. Property size:
N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
Little Elkin Creek
WS -IV, Stream Index # 12- 52 -(2)
2c. River basin:
Yadkin — Pee Dee
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing conditions adjacent to the site are residential uses, with some agricultural uses.
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1 Stream with 60' within RAN
3d. Explain the purpose of the proposed project:
Purpose is to construct new waterline.
3e. Describe the overall project in detail, including the type of equipment to be used:
Waterline will be installed under stream bed using track excavators. Disturbance will be temporary and minimal.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments:
❑ Yes ❑ No ® Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
6. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project*
❑ Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1 3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts N/A
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Tem ora T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ®T
Excavation
Little Elkin Creek
® PER
❑ INT
® Corps
❑ DWQ
25
10
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
10
3i. Comments:
Page 4 of 10
PCN Form — Version 1.3 December 10, 2008 Version
4. Open Water Impacts N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a. 4b 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Tem ora T
01 ❑P ❑T
02 ❑ PE] T
03 ❑P ❑T
04 ❑P ❑T
4g. Comments:
S. Pond or Lake Construction N/A
If pond or lake construction proposed, tl
5a. 5b.
Pond ID Proposed use or purpose
number of pond
P1
P2
5f. Total
0. Total open water impacts
complete the chart below.
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Flooded I Filled I Excavated I Flooded I Filled I Excavated I Flooded
5g. Comments:
5h. Is a darn high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
tEEE
5k. Method of construction:
6. Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
❑Yes
B1 ❑P ❑T
❑ No
❑Yes
62 ❑P ❑T
❑ No
❑Yes
B3 ❑P ❑T
❑ No
6h Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Stream will be crossed at right angles, minimizing the length of impact.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Stream crossing will be done during a time that will not impair fish spawning. Stream banks will be stabilized immediately
after construction is complete. Stream bed will be repaired with native material.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program N/A
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan N/A
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1 3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ NIA
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ) N/A
1. Diffuse Flow Plan
la Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No impervious area will be created.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review N/A
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review N/A
❑ Coastal counties
❑ HQW
4a. Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review N/A
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1 3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement) N/A
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the
®Yes El No
use of public (federal /state) land
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No waste will be generated by this project.
Page 9 of 10
PCN Form —Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? I ❑ Yes ® No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? I ❑ Yes ® No
5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish & Wildlife Service, North Carolina's Threatened and Endangered Species listing and map
S. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NCDENR, Division of Marine Fisheries website.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in ❑Yes No
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC State Historic Preservation Office website did not list any sites in the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? TO Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC FIRM map for Wilkes County
John Yates, County Manager
Applicant/Agent's Printed Name Applicant/Ag nt's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is orovided_l
Page 10 of 10
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WILKES COUNTY /TOWN OF RONDA NC 268 WATERLINE PROJECT
STREAM IMPACT #1
In this photo, the stream flows from the left to the right. North is to the left. This photo shows
the lack of cover over the concrete culvert pipe, making it necessary to make the stream crossing.
The stream is impounded by an old dam located downstream from NC 268 approximately 100
feet.
In this photo, the stream flows from the right to the left. North is to the right. The proposed
waterline will leave the road shoulder and miss the concrete wing wall, then cross the stream.
0
LIMITS
OF
DISTURBED
STREAMBANK
WIDTH
MAX
Ll��;•,/
i.�.
STRAW /COCONUT MAT PLACED OVER SEEDING.
(NORTH AMERICAN GREEN SC -150 OR EQUAL)
LIVE STAKINGS OF NATIVE VEGETATION
SHALL BE RE- PLANTED IF AVAILABLE AT
CROSSI"'t'- i nr'^rrnAl
'STONE STREAM BANK THI
STABILIZATION
(TYP)d50 = 6"
d MAX. = 9"
�- PROPOSED
WATER LINE
NOTES:
PROPOSED WATER LINE
SECTION
RIP RAP PLACED ON
STREAM BANK ONLY UP TO
APPROX. HIGH WATER MARK.
BACKFILL STREAMBED
WITH NATIVE MATERIAL
1. STONE TO BE WELL GRADED (d50 = 6"; d MAX = 9".
BOTTOM OF � 2• STONE IS TO BE KEYED INTO EACH SIDE OF STREAM BED AND
STREAMBANK -� EACH END OF THE STABILIZATION 1 FT. DEEP TO PREVENT
EROSION AROUND EDGES OF STABILIZATION.
APPROXIMATE HIGH
WATER MARK 3. STONE IS TO EXTEND FROM STREAM BED TO APPROXIMATE
PLAN HIGH WATER MARK.
4. STONE IS TO BE PLACED AT A THICKNESS
OF 14" THROUGHOUT.
5. EXCAVATION IN STREAM BED SHALL BE AS NARROW AS
POSSIBLE IN ORDER TO MINIMIZE DISTURBANCE AND
SEDIMENTATION DURING INSTALLATION.
6. STABILIZE STREAM CHANNEL WITH NATIVE MATERIAL IN ORDER TO
PRESERVE THE CONDITION OF THE STREAMBED.
STREAM BANK STABILIZATION
NOTES:
1. 3' -0" MIN. COVER SHALL BE MAINTAINED IN EMBANKMENTS AND SHALL
BE ACHIEVED BY BLASTING IF NECESSARY.
2. RESTRAINED JOINT PIPE SHALL BE LAID INTO STREAM BED AS DEEP AS
POSSIBLE WITHOUT BLASTING.
RESTRAINED JOINT WATERLINE STREAM CROSSING DETAIL
NTS
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
September 17, 2013
Mr. Andrew Williams
U.S. Army Corps of Engineers, Regulatory Branch
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
SUBJECT: Nationwide Permit Application for Wilkes County/Town of Ronda
NC 268 Waterline Project, Little Elkin Creek, Wilkes County
Dear Mr. Williams:
I received the application from representatives of Wilkes County /Town of Ronda to impact about 10 feet
of Little Elkin Creek next to NC 268 for a waterline crossing. Comments from the WRC on this project
are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et
seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667d).
This work will not harm trout and does not need to be completed outside of the trout spawning moratorium.
Since trout will not be affected, we do not recommend any modifications of the proposal or special conditions
for the permit.
Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-
4223 if you have any questions about these comments.
Sincerely,
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
ec: Mr. David Poore, West Consultants, PLLC
Mr. Kin Hodges and Mr. Kevin Hining, NCWRC
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699 -1721
Telephone: (919) 707 -0220 - Fax: (919) 707 -0028
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2013 -01821 County: Wilkes U.S.G.S. Quad: NC- THURMOND
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Wilkes County
John Yates
Address: 110 North Street, Room 110
Wilkesboro, NC, 28697
Telephone Number: 336- 651 -7346
Size (acres) 15 acres (approximately) Nearest Town Ronda
Nearest Waterway Little Elkin Creek River Basin Upper Yadkin. Virginia, North Carolina.
USGS HUC 3040101 Coordinates Latitude: 36.2407
Longitude: - 80.9006
Location description: The project is located within the North Carolina Department of Transportation right -of -way, along NC
268 from NC2026 to Money Road, in Ronda, Wilkes County, North Carolina.
Description of projects area and activity: This authorization is for permanent impacts to jurisdictional streams and associated
with the construction of a new water line as follows: Crossing #1: Stream Sl- 20 linear feet of permanent impacts for the
installation of the waterline, backfill and associated bank stabilization.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 12 Utility Line Activities.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECUL 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 09/19/2013. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Quality (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 Morehead City, NC, at (252) 808 -2808.
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 Andrew Williams at 919- 554 -4884 x26 or Andrew.E.Williams2(a)usace.armv mil.
Corps Regulatory Official: AfAll) "al,� Date: 09/24/2013
Expiration Date of Verification: 03/18/2017
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ 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 and Section 404 of the Clean Water Act. 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.
C. ® There are waters of the US and/or wetlands within the above described project area 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW-
Basis For Determination: The stream, Little Elkin Creek, is a relatively permanent water (RPW) and a tributary
to the Yadkin River, a traditionally navigable water (TNW). The Yadkin River is a tributary to the Pee Dee River, a
navigable water of the United States. The Ordinary High Water Mark (OHWM) of the unnamed tributary was indicated by
the following physical characteristics: clear natural line impressed on the bank, shelving, and the destruction of terrestrial
vegetation.
Remarks: This jurisdictional determination is only for the stream proposed for impacts associated with this Nationwide
Permit verification and does not include any other waters /wetlands that may be located on the project site.
E. 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.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. 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 November 25, 2013.
* *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: A4,400 �✓�
Andrew Williams
Date of JD: 09/24/2013
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