HomeMy WebLinkAbout20071657 Ver 1_Application_20071001
0 7- 1 6 5 7 RE~,~I~'FI~
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^'Section 10 Permit ^ Isolated Wetland Permit from DWQ
,401 Water Quality CertiEcation ^ Express 401 Water Quality Certification
Nationwide, Regional or General Permit Number(s) Requested: Nh/P /S
3. If this notification is solely a courtesy copy because. written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina`s twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
I. Owner/Applicant Information
Name: ~~1vy ~'/,7~yiV ~/r~.ce~
Mailing Address: 3f~~/ ~iGVO.y GiR~Gb
iJTG~~yTd~ lvo. 3d3~/
Telephone Number: 7~0 9Blo B7oo Fax Number: 7~0 X157 ~S5
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
nrr ~ , ~nn7
Telephone Number:
E-mail Address:
Fax Number: DENR -WATER ULIALITY
NIETIAMD? rWD ST04Zl~{N+ATER BRANCH
Page 5 of 12
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III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Nameofproject: N.s~•
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): N~.
4. Location
County: GGaY Nearest Town: N.d y>iSf///~/~i , ~t/, G .
Subdivision name (include phase/lot number): N•/!.
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.) ~
Decimal Degrees (6 digits minimum): 3a8 G ~ ~O Z °N'~ 7¢~ SGa~ ~ °
6. Property size (acres): ~~ S
7. Name of nearest receiving body of water: fl/k/~S.
8. River Basin:
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/h2o.cnr.statc.nc.us/achnini"mapsr.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: M~sr~y lviyo~ wi7H ~'risTlNlo GGE~~ yTiGiTY
~~ML~l A-~i~ost /~,rvP~RIY• GoNV y~'E /S P.~/Male/L-y ~~tii~~M/~L tv/Tf~
NIl' .wit'. ~fo,sMG~O /~w.VST~'~•bM
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: GoNSTeyGT
~NG,~t¢T~ <+NO STS Pie/Ol~ Sr~6ST~GTvR£ ,G//77~ ~yST/G ~~' !fii~N,~ ~t/u~0 ~D~G.C
ff~iVp TODGS, 7,frb~ , Go~OsE,e, GONG, T.QVG.~S */'aM.°~Fi~ Ta PG/iG~ GONG. /N ioeMS.
11. Explain the purpose of the proposed work: ,~~tS . 87 ,aG~~ /~~asoN~ ,~SiO~NTio~
(~o'T Tv Div/GO G.~3/N. /°IUST ~ .a4G~ 7D G~GT Gat~.t~: //~1G•LEt /.~. /TiEGC-
flaiG/i!N(~ ~!~r/G+e~T$t Cav/X.~To.~ ,a-S w~ ~ ~,eServo~ GAS /rte/T// N1/.d• /M.~~T
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.y_ r~.iavt PG~+"I/T Fee io~v !/'1/°~'~N~NT NsT .yPG/aQ.~~,E
__7O 7N/5 P~M,4N~iVT LovST~aT%oN PQa/EGT.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant`s discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: /rvtT•aGL SlG~' ~.SrriG~ ,~v?h~
H~'j~ $~ TO P~oT~~ Gc.EL/G ~xoM ~NSTi~GT/dN of ~.e/AGE STINGS .~i1/~
~!°lf~Lk/~s ON P.dT,4 S/pEt dr° ST~~'1
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acrea e, multiply len h X width, then divide b 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet Area of
Impact
(acres)
Tuf v/rr'FE G.~E~ CavG•F!IoS. fWAlGt p. Zo' 25' •o/
2 ~7bMO.) ~, " S/G1 Bpza~¢,e p. 20' 25' . o~
Total Stream Impact (by length and acreage) 2 5 ' . o/
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
Total Open Water Impact (acres)
Page 8 of 12
6. List t
he cumulative im act to all Waters of the U.S. resultin from the ro-ect
Stream Impact (acres): , o/
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): ZS~
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ~'No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. /~yaCO~ss~6G~ !vr/'~'/~yT
,~iOG~ ~ UNG~SS ~~.4~J~,elil' ,~gej7 OR GrrGv~eT 4RE La~sT~vcr~f 0) . ~nG~
!S G+~aST dl~LG /M.~ioGT To sTie.~i~'1 AivO /~y/I~OG~/~~ .
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http:/~ 1~2o.enr.state. nc.usncwctlands/strmgidc.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.}, and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP}. Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval ftom the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:/i7i2o.enr.state.nc.usiwrpi'index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ Nom'
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), ISA NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No ,^'
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact I Multiplier I Required
(square feet) Mitigation
1 3 (2 for Catawba)
Z 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. __
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. /~'IP~ia~ ~G.~i~v~ wiGO O.yG y
GoNSiST o` Roof ~f ~~ Gf~si~/,~ ~~st r~.V zo/ )
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N~+/~ G~,v~.rl~ ,8Y /~/~d~T
XIII. Violations (required by DWQ}
Is this site in violation of DWQ Wetland Rules (ISA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No~'
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No ,~
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwctlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
_1",G~~+~ TO N.at/~ saesT~GTy/~ /.Y ~,e~d.2 Ta ~%/' /S. Z~J .UIiTHOV~ih'
NGk/R'G f~dS PE,CMi7T~ G~-n~-,e ~ot~T. ,~pt'Gi~.2 /S ~fi1T~,~ ~ 7~0'~~ LTG .
.4/iS0 f~t•°'S~ ,~,Yi°~!7/T~ SzN~ NGlveC' t liSAG~ A/~i°.eoV,et~ .49¢~ ,a7%.eGfsk7l~. T~~S/.~ YOU
n ~
9,
Applicant~Agent's Signature Date ~
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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~ North Carolina Wildlife Resources Commission ~
September 11, 2007
Ms. Lori Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: David and Dawn Garrett Nationwide Permit Application
Bridge over Tusquittee Creek
Clay County
Dear Ms. Beckwith:
Mr. David and Dawn Garrett requested a letter of concurrence from the North Carolina Wildlife
Resources Commission (Commission) fora 404 Permit from the U.S. Army Corps of Engineers (ACOE).
Comments from the Commission are provided under provisions of the Clean Water Act of 1977 (33
U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
The project involves construction of a bridge over Tusquittee Creek in Clay County. The stream impacts are
associated with temporary flow diversion structures.
Tusquittee Creek is stocked with trout by the Commission. Trout, primarily rainbow trout, naturally
reproduce in this creek as well. The project may harm trout, particularly if the construction caused
sedimentation during the spawning season.
The Commission can concur with the permit if the following recommended conditions are attached and used
to help conserve fish and wildlife resources:
1. Stream excavation (e.g. placement of flow diversion structures) and bank grading, if applicable, does
not occur from January 1 to April 15 spawning period for rainbow trout. Other aspects of the project
(e.g., deck construction) can occur during this time frame.
2. Sediment and erosion control measures are used and maintained until all disturbed soils are
permanently stabilized. All bare soil is seeded as soon as possible following disturbance. Erosion
control matting is used with seeding on disturbed stream banks and is anchored with staples, stakes,
or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
3. Wet concrete is not allowed to contact water because it can kill aquatic life.
4. Rock, sand, or other materials are not excavated from stream channels except in the immediate
permitted area. The natural dimension, pattern, and profile of the channels upstream and downstream
of any stream crossings are not modified.
5. Sandbags, flexible pipe, or other stable diversion structures are used to avoid excavation in flowing
water.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 Fax: (919) 707-0028
Garrett Page 2 September 11, 2007
Clay
6. Storm water from roadways is directed to vegetated buffer areas or detention basins and not routed
directly to streams as concentrated flow.
7. Only clean, lazge, angular rock, large woody material, or other natural stream design materials and
techniques are used for bank stabilization. Any rock that is used on the banks is clean and limited to
the area below the high water mark. Materials are not placed in the creek channel in a manner that
overly constricts flow, that contributes to erosion, or that impedes aquatic life movements during low
flows.
8. Riparian vegetation, especially trees and shrubs, is preserved as much as possible. Native woody
vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple) is
replanted upstream and downstream of stream crossings to provide bank stability and shading if
vegetation is removed during construction.
9. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
10. Hydroseed mixtures and wash-waters do not reach streams.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at (828) 452-2546 extension 24.
Sincerely,
"~~/. ~ .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. David and Dawn Garrett
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2007-02960-322 County: Claw
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
MODIFICATION
Property Owner /Authorized Agent: David and Dawn Garrett
Address: 3546 Hildon Circle
Atlanta, GA 30341
Telephone No.: (770) 986-8700
Size and location of property (water body, road name/number, town, etc.): The proiect area is located
on a 0.87 acre tract of land near Hawesville, Clay County, North Carolina. Coordinates for the site
are 35.0957 north and 83.6865 west.
Description of projects area and activity: The permittee is authorized to impact (fill) 25 linear feet (lf)
of Tusquittee Creek in order to construct a bride. Fill will consist of bride abutment walls and
temporary barriers to prevent the water from coming into contact with the construction area.
Originally, the permittee was authorized to impact 60 if of stream, but has since requested a
reduction in permitted impacts. As such, the previous NWP verification letter that authorized 60 If
of impact has been rescinded and is replaced with this NWP verification letter that authorizes 25 If
of impact.
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: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, conditions 1-5 and 7 of the attached letter from the North Carolina Wildlife Resources
Commission, 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.
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 Lori Beckwith at 828-271-7980,
Corps Regulatory Official -Lori Beckwith Date: September 27, 2007
Expiration Date of Verification: September 27, 2009
.•
-2-
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 maybe 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
Basis of Jurisdictional Determination: The stream channel on the property is Tusquittee Creek which flows into
the Hiwassee River and ultimately flows to the Atlantic Ocean.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Program
Attn: Lori Beckwith, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 within 60
days from the Issue Date below.
**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 Regulatory Official: Lori Beckwith
Issue Date: September 27, 2007 Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
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 the attached customer Satisfaction Survey or visit
http:/hv«~~~~.sau.usacc.armv.mil/t~ETLANDS/indcx_html to complete the survey online.