HomeMy WebLinkAbout20131251 Ver 1_USACE Permit_20140121I3-iasi
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID SAW- 2002 -00641 County Brunswick USGS Quad Southport
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner Mr. Jack Noland
St. James Plantation Property Owners Association
Address 4140 Southport- Sunnly Road. Suite B
Southport, North Carolina 28461
Raleigh, North Carolina 27699
Size and location of property (water body, road name /number, town, etc ) The project area is located at a bridge over
Polly Gully Branch along St. James Drive, S.E., near Southport, Brunswick County, North Carolina.
Description of protects area and activity This verification authorizes the permanent discharge of fill material into
1419 square feet of wetlands for the replacement of roadway bulkheads. This verification also authorizes the
construction of an elevated piling supported wooden golf cart/pedestrian bridge over Polly Gulley Creek and
adjacent wetlands.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number
Nationwide Permit Number 14 and 3
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 plans dated December 3, 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) 733 -1786) to determine Section 401 requirements
For activities occurring wrthm 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
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 Ronnie Smith at (910) 251 -4829
Corps Regulatory Official Ronnie Smith ` Date: January 14, 2014
Expiration Date of Verification March 18, 2017
The Wilmington District is committed to providing the highest level of support to the public To help us
please complete the attached customer Satisfaction Survey or visit http //per2 nwp usace army mil /surve,
online
JAN 2 1 2 0;4
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 33 1)
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
Basis For Determination
The site exhibits wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional
Supplement is adjacent to Polly Gully Branch which is a navigable water of the United States pursuant to the policies and
criteria set forth in 33 CFR 329. The water body exhibits a mean high water mark as indicated by changes in vegetation and
wrack lines.
Remarks
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
Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated 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 1OM15
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 3315, 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 March 17, 2014
* *It is not necessary to submit an RFA form to t Division Office if you do not object to the determination in this correspondence **
Corps Regulatory Official Ronnie Smith Date January 14, 2014
Copy Furnished
Ms Karen Higgins
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Doug Huggett
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Mr Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110
Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, GA 30303 -8960
BOSN3 Joseph M Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E Fort Macon Rd
Atlantic Beach, NC 28512
Ms Debra Wilson
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Extension
Ms Joanne Steenhuis
Division of Water Quality
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Ext
Wilmington, NC 28405
Ronnie Smith
Corps Regulatory Official
Date January 14, 2014