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HomeMy WebLinkAbout20071212 Ver 1_Other Agency Comments_200708170.,T 'F (`~ ~ - I a,.. I ~ ' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ~~J~ p~ Action ID. SAW-2007-2585 County: Robeson USGS Quad: Dillon East GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Authorized Agent: John Preyer [~ ~ ~' 1~.~ ~ '~ Address: Restoration Systems, LLC ~ ~s ~ ~ ~~ 1101 Haynes Street, Suite 107 A~ (~ ~, j 2007 Raleigh, NC 27604 Telephone No.: (9191755-9490 :7Ei~R - WA7ER QUALITY ,~n.A~vas,~+~o STa~~r,Nn~~ ~~~r~cN Size and location of property (water body, road name/number, town, etc.): The property is located on Butler Road (off NC 130) approximately three miles south of I-95, near Roland, Robeson County, North Carolina. Parcel ID number is 191601020. This is an NC EEP full delivery proiect, the state of North Carolina has an easement on the 5.82 acres to be restored. Description of projects area and activity: The proposal includes 2,700 linear feet of impact to Northern UT to Contrary Swamp and 4421inear feet of impact to Southern UT to Contrary Swamp for wetland and stream restoration. Proiect will restore natural stream design to the northern and southern UT's which have been channelized. The proiect will also restore wetland hydrology to five acres within the easement. 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: 27 Special conditions _ 1. The permittee must notify our office when restoration construction work is to start 2. Authorization of this work in no way obligates the US Corps of Engineers to recognize this proiect as a mitigation bank or as compensation for anv past or future permitted impacts, and 3. Our office does not recognize as valid anv reference to mitigation "credits", or any other issues associated with a ntigation bank or mitigation for anv past or future permitted impacts. 4. The permittee will be responsible for the maintenance of this proiect after all work is completed. If, at anv time, erosion occurs as the result of this proiect, the permittee will be responsible, at our discretion, for the removal of the sediment. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. 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 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 Wilmington, NC, at (910) 395-3900. 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 Kimberly Garvey at (910)251-4482 or kmberly.l.garvey@usace.army.mil. Page 1 of 2 ,, Corps Regulatory Expiration Date of V~ Date: August 13, 2007 The Wilmington District is committed to providing the highest le'c~ll-cfif support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http:/,`«tivw.saw.usace.army.miU47iTETLANDS/index.html to complete the survey online. Page 2 of 2 Determination of Jurisdiction: ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This prelimm~ary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331}. ^ 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 maybe relied upon for a period not to exceed five years from the date of this notification. ^ 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. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued August 9, 2007. Action IDSAW-2007-2585 Basis of Jurisdictional connected to Contra Water. Corps Regulatory Offi/ 4 Date August 13, 200' the Na SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAII..ABLE. Copy Furnished: M. Randall Turner, Restoration Systems, LLC., 1101 Haynes Street, Suite 107, Raleigh, NC 27604 Eric Kulz, NC DWQ, 401 Oversight/Express Review Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 Guy C. Pearce, NC EEP, 2728 Capital Boulevard, Suite 1H 103, Raleigh, NC 27604 Ken Averitte, DWQ, 225 Green Street, Suite 714/Systel Bldg., Fayetteville, NC 28301-5043 RG-L: Mickey Sugg and Scott McLendon Page 3 of 2 LEGEND Northern U I' Watershed (725 Ac.) Southern UT Watershed (ll7 Ac.) Project Area / KO ~ ASSOCIATES P. C. Consulting Engineers loll SCHAUB DR., SUITE #202 RALEIGH, N. C. 27606 (9l9) 851-6066 Robeson Count3 North Carolina 0 1000 2000 l~l~l~l,l FEET Watershed Map Restoration Plan Brown Marsh Swamp Robeson County, North Carolina Date: ]rU8~07 I Figure: 2