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HomeMy WebLinkAbout20060747 Ver 1_USACE Permit_20060613U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT V W V ~ d~ 1 Action ID(s): SAW-2006-32499-293 County: Warren GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Ronnie Perkinson Mailing Address: 170 Drewry Bluffs Rd Warrenton, NC 27589 Telephone No.: 252-456-3827 Location of property (road name/number, town, etc.): East of SR 1300 (Paschall Station Road) ,approx. 4,900 feet south of the Virginia State Line, directly east of Jerusalem Church; north of Wise, North Carolina Site Coordinates: 36.5285°N 78.1551°W USGS Quad: Bracey Waterway: unnamed tributary to Coleman Branch River Basin: Roanoke HUC: 03010106 Description of projects area and activity (see page 2 for a summary of authorized impacts): Discharge of fill material for cosnturction of a dam for an aesthetic, irrigation and wildlife pond , in accordance with the drawings submitted on 5/2/2006 & 5/19/2006. Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 39 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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. 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 new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. 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. 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 Eric Alsmeyer at telephone 919) 876-8441, ext 23. Corps Regulatory Official ~ Date: 6/3/2006 Verification Expiration Date: 3/18/2007 Copy Furnished: NC-DWQ Q~c~~ad~~ ,~laN 1 3 2006 uu~y:~ ~~~~~n~~~~~~~~Yyyti'~gly~~f~\~~~~/~1~p~ ~1 pI ~~~y ~~! n17M ~ I A.~V~R~1 r.(~ OfEI'Y~n ~ 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 maybe 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 jurisdictional determination issued on Basis of Jurisdictional Determination: The impact area contains a stream channel of an unnamed tributary of Coleman Branch, a tributary of Hawtree Creek, Lake Gaston and the Roanoke River, with indicators of ordinary high water marks, and wetlands adiacent to the tributary. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. 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 South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 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 8/3/2006. **It is not necessary to submit an RFA form o the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official ~~ Date: 6/3/2006 Determination Expiration Date: 6/3/2011 Summary of Authorized Impacts and Required Mitigation Action ID NWP / GP O en Water ac Wetland ac) Unim ortant Steam 1 Im ortant Stream (lf) # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent SAW- 2006- 32499-293 39 0.01 150 Im act Totals 0 0 0 0.01 0 0 0 150 Total Loss of Waters of the U.S. ac 0.01 Total Loss of Waters of the U.S. 1 150 Re uired Wetland Miti ation (ac Re uired Stream Miti ation lf) Additional Remarks and/or Special Permit Conditions: No compensatory stream/wetland mitigation is required.