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HomeMy WebLinkAbout20201125 Ver 2_SAW-2013-00712 Cashiers Horsepasture WWTP NWP 7 and 14 [46032]_20220303 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2013-00712 County: Jackson U.S.G.S. Quad:Big Ridge GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Tuckaseigee Water & Sewer Authority / Attn.: Daniel Manring Address: 1246 West Main Street Sylva, NC 28779 Telephone Number: 828-586-5189 Email: dmanring@twsanc.us Size (acres): 14.67 Nearest Town: Sylva Nearest Waterway: UTs Horsepasture River and Horsepasture River Coordinates: 35.12968 N, 83.06748 W River Basin/HUC: Seneca (03060101) Location description: The project site is located on a tract of land (PIN 7582-46-3638) on the south side of U.S. Highway 64 approximately 0.32 miles east of the intersection of U.S. Highway 64 and Cedar Rock Road in Cashiers, Jackson County, North Carolina. Description of projects area and activity: This permit verification authorizes, under NWP 7, 8 linear feet of permanent stream impacts and 10 linear feet of temporary stream impacts to the Horsepasture River associated with construction of an outfall structure for a wastewater treatment plant. Under NWP 14 this permit verification authorizes 0.01 acres of temporary wetland impacts; 0.08 acres of permanent wetland impacts; 72 linear feet of temporary stream impacts to the Horsepasture River; and 20 linear feet of temporary stream impacts and 52 linear feet of permanent stream impacts to a UT of the Horsepasture River associated with construction of an access road to the wastewater treatment plant. Special Condition(s): 1) All wetlands and streams located within 100 feet of the construction area(s) on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. NOTE: Your project is located in a North Carolina Wildlife Resources Commission designated trout watershed. Per regional condition 1.2 of the attached NWP, no work in streams at this location can be conducted between October 15 and April 15 during the trout waters moratorium. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization:Regional General Permit Numberor Nationwide Permit Number:NWP 7 and 14 S EE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, above noted special conditions, and your submitted application and attached information dated August 31, 2020, with revisions of October 26, 2020. 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/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional 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/regional permit. If the nationwide/regional 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/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional 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. CESAW-RG-A 2013-00712 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. 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 David Brown at 828-271-7980, ext. 4232 or david.w.brown@usace.army.mil. Corps Regulatory Official: Date: December 9, 2020 David Brown Expiration Date of Verification: March 18, 2022 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=136:4:0 Copy furnished(by email): McGill Associates, P.A., Jon Swaim, jon.swaim@mcgillassociates.com CESAW-RG-A2013-00712 Action ID Number: 2013-00712 County: Jackson Permittee: Tuckaseigee Water & Sewer Authority / Attn.: Daniel Manring Project Name: Cashiers Horsepasture River WWTP Date Verification Issued: December 9, 2020 Project Manager: David Brown 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.: David Brown 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 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 CESAW-RG-A2013-00712 Determination of Jurisdiction: A. There are waters, including 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. 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 (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. C. 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. D. The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued April 30, 2013. Action ID: SAW-2013-00712. Basis for Determination: See preliminary jurisdictional determination issued April 30, 2013.