HomeMy WebLinkAbout20141025 Ver 1_USACE Permit_20141212U.S. ARMY CORPS OF ENGINEERS n
WILMINGTON DISTRICT 0`
Action Id. SAW - 2014 -01809 County- Pender CAMA Permit#: 108 -14
GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mr. Adrian Kueatow r
Surf City Crab, Inc. /� �/7 i
n l`_�J R 0 ll
Address: , Post Office Box 9002 lun(u
Wilmington; North Carolina 28402 [tL2 2014
Size 1000 sq ft Nearest Town Surf City
Nearest Waterway Yow's Channel /AIW W River Basin Pender DENR -WATER RESOUR
USGS HUC 0303000/ Coordinates Latitude: 344*
&BUFFER PERMIT7
Location description: The oroiect area is within the AIW W/Yow's Channel and is located at 512 Rolorid Avenue. in
Surf City, Pender County, North Carolina.
Description of projects area and activity: This verification authorizes the construction ota doctrine facility within 964
square feet of navigable waters of the United Slates:
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: GP 291
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 coiditions and your submitted CAMA application and information dated September 16, 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 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 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
in Wilmington, NC, at (910) 796 -7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal;'State or local approvaWpermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program; please contact Ronnie Smith at 910 - 251 -4829 or by email at ronnie.d.smith(a)usace.armv.mil
Corps Regulatory Official: Ronnie Smith Date: December % 2014
Expiration Date of Verification: December 31, 2016
_ r
SAW- 2014 -01809
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 33 1)
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 junsdictional determination issued . Action ID: SAW -
Basis For Determination: The AIW W/Yow's Channel exhibits a mean high water mark as
indicated by a change in vegetation. The water body is subject to the ebb and flow of the tide and is a
navigable water of the United States and a water of the United States pursuant to the policies and criteria set
forth in 33CFR 328 and 33 CFR 329.
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 m 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, pnor 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
,
SAW- 2014 -01809
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by
-February 9, 2015.
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:
Ronnie Smith
Date of JD: December 9.2014
Expiration Date of JD: December 31.2016
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
hqp : / /retzulatory.usacesurvey.com /.
Enclosures:
GP 291 Conditions
CAMA Permit 4108 -14
Copies furnished with enclosures:
Mr. John Giles
J'. Giles Cadd and Consulting
19 dreekstone Lane
Castle Hayne, North Carolina 28429
Copies furnished without enclosures-
Mr. Daniel Govoni
North Carolina Department of
Environtrtent and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Ms. Joanne Steenhuis
Division of Water Resources
North'Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Kathy Matthews
United States Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636
3
SAW- 3014 -01809
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, GA 30303 -8960
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512
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