HomeMy WebLinkAbout20051216 Ver 3_NWP 12 Approval_20140625U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2010 -00378 County: Yancey U.S.G.S. Quad: NC- Burnsville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: East Yancey Water & Sewer District /Nathan Bennett
Address: County Courthouse, Room 11
Burnsville, NC 28714
Telephone Number: 828 - 682 -4301
Nearest Town: Burnsville
Nearest Waterway: South Toe River Coordinates: 35.917508 N,- 82.207933 W
River Basin/HUC: Nolichucky 06010105
Location description: The proposed proiect site is located alone state roads 1307 1186 and U.S. 19F, along Shoal Creek Little
Crabtree Creek Avles Creek and the South Toe River, near Micaville, east Yancey County, North Carolina.
Description of projects area and activity: This permittee is authorized 32 temporary and permanent impacts to stream channels
and two impacts to adjacent wetlands associated with the installation of sewer lines and a wastewater treatment plant, which
includes installation of the effluent pipe diffuser, located on the South Toe River. Impacts are listed on pages 38 -40 of the
Biological Assesment for the Micaville Wastewater Treatment Plant and Collection System dated January 17, 2014. This
verification supersedes any previously issued verifications.
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 Number: 12
SEE 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 and your submitted application and attached information dated January 17, 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, 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.
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 r mar mg thi verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tasha exandeI at 828j�(1g798Q ext. 226 or �asha .L.Alexander @usace.army.roil.
Corps Regulatory Official:
Expiration Date of Verification:
June 10, 2014
2010 -00378
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 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: SAW-
Basis for Determination:
The site contains wetlands as determined by the 1987 Corps ofEngineers Wetland Delineation Rlanual and the Regional
Supplement to the Corps ofEngineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region(version 2.0).
These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks.
The stream channels on the property are Shoal Creek, Little Crabtree Creek and its unnamed tributary (UT), Ayles Creek and
its unnamed tributary (UT), and the South Toe River and its unnamed tributaries. The South Toe River flows into the
Nolichucky River which flows into the French Broad River. The French Broad River is located within the French Broad -
Holston watershed and eventually drains to the Gulf of Mexico. Specifically, the French Broad River merges with the
Holston River to form the Tennessee River. The Tennessee River then drains to the Ohio River and then on to the Mississippi
River before entering the Gulf of Mexico.
Remarks: This jurisdictional determination isfor the impact areas only.
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 determination 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).
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 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 determination in this correspondence. **
Corps s7s . �
Corps Regulatory Official: ,iiVVAVV/
asha Alexander
Issue Date of JD: June 10, 2014 Expiration Date of JD: Five years from Issue Date
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: / /re ug latoiy.usacesutyey.com/.
Copy furnished:
Agent: Harry B. Buckner, PE, McGill Associates, P.A. Consulting Engineers
Address: 55 Broad Street, Asheville, North Carolina, 28801
Phone: 828- 252 -0575
Agency: Bryan Tompkins, USFWS
Address: 160 Zillicoa Street, Asheville, North Carolina, 28801
Phone: 828 -258 -3939
2010 -00378
SPECIAL CONDITIONS
1. As a result of formal consultation with the U.S. Fish and Wildlife Service, under Section 7 of the Endangered
Species Act, all conservation measures, reasonable and prudent measures, and terms and conditions of the
attached Biological Opinion (BO) dated May 28, 2014 are attached as special conditions of this verification.
2. All monitoring efforts required in this BO will include a narrative description and corresponding photo
documentation in order to assess channel aggradation or degradation, bank erosion, success of riparian
vegetation, effectiveness of erosion control measures, presence or absence of instream bar development, and
changes depicted in longitudinal profile and cross- section surveys.
3. A pre - operational meeting with WWTP and Collection System Operator in Responsible Charge and staff is
required to conduct a review of applicable terms and conditions for the 404 permit. Representatives from USFWS
and /or USACE will be present during this meeting.
4. Excavation in flowing water and bank disturbance at stream crossings 22,22A, and 23 must be avoided from
October 15 to April 15 when rainbow and brook trout are spawning. Impacts at all other sites must be avoided
from January 1 to April 15 when rainbow trout are spawning.
Action ID Number: 2010 -00378
County: Yancey
Permittee: East Yancey Water & Sewer District / Nathan Bennett
Project Name: Micaville Wastewater Treatment Plant and Collection System
Date Verification Issued: June 10, 2014
Project Manager: Tasha Alexander
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.: CESAW -RG -A
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
Applicant: East Yancey Water & Sewer District / File Number: SAW- 2010 -00378 Date: June 10, 2014
Nathan Bennett
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) I A-
L11 PROFFERED PERMIT (Standard Permit or Letter of permission) I B
N � APPROVED JURISDICTIONAL DETERMINATION D
CI PRELIMINARY JURISDICTIONAL DETERMINATION E-
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document. and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terns and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED
information.
may accept or
or DIOVicie new
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved ID (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division, Attn.:
Tasha Alexander
CESAW -RG- Asheville Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801 -5006
828- 271 -7980
it you omy nave questions regarding the appeat process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD -PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govermnent
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: I Telephone number:
of appellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: Tasha Alexander, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this forni to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801
Phone: (404) 562-5137