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HomeMy WebLinkAbout20140328 Ver 1_USACE Permit_20140423U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2014 -00590 County: Onslow U.S.G.S. Quad: JACKSONVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Onslow County ABC Board Attn: Neta Grady, System Administrator 409 Center Street Jacksonville, NC 28546 (910) 577 -7186 Agent: Mr. Daniel Ingram, WK Dickson 720 Corporate Center Drive Raleigh, NC 27607 (919) 782 -0495 Size (acres) —2 Nearest Town Jacksonville Nearest Waterway UT of Scales Creek River Basin NEW USGS HUC 3030001 Coordinates Latitude: 34.7555055 Longitude: - 77.386517 Location description: The project site is located at the ABC Warehouse, #409 Center Street, west side of Western Boulevard, within a unnamed tributary of Scales Creek, in Jacksonville, Onslow County, North Carolina. Description of projects area and activity: Project plans are to stabilize approximately 195 linear feet of stream along the western bank by installing a sheet pile wall, backfilling with dirt, topping with a permanent liner, and covering with vegetation and live stakes. A log grade control structure will be installed within the downstream bed at the terminus of the stabilization feature. All proposed construction activities will be conducted in accordance to the plans in the application dated March 31, 2014. 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 Nmmber: NWP 13 Bank Stabilization. SEE ATTACHED NWP GENERAL and REGIONAL 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 information in the application dated March 31, 2014. 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 teens 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 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 (LAMA), 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. 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 detennination 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 the preliminary jurisdictional detennination field verified on February 12, 2013. Action ID: 2013- 00543. Basis For Determination: Waters of the US meet criteria set forth in the Corps 1987 delineation manual and the Atlantic & Gulf Plain Regional Supplement; and are continuous to Section 10 navigable waters of Scales Creek and the New River. Remarks: N/A 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 detennination 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). N/A 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 detenmine 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 *. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the detennination in this correspondence. ** If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact me at 910 - 251 -4811 or mickey.t.sugg(a,usace.army.mil. Corps Regulatory Official: Mickey Sugg Date: April 2, 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 ensure we continue to do so, please complete our customer Satisfaction Survey online at http: / /per2.nwp.usace.army.mil /survey . Copy furnished: Joanne Steenhuis, NC Division of Water Resources (by e-mail) Ryan Davenport, NC Division of Coastal Management (by e-mail) Mr. Daniel Ingraim, WK Dickson Action ID Number: SAW- 2014 -00590 County: Onslow Permittee: Onslow County ABC Board Attn: Neta Grady, System Administrator Project Name: ABC Warehouse bank stabilization Date Verification Issued: 04/02/14 Project Manager: Mickey Sugg 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: Mickey Sugg Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. 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