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Home My WebLink About20140896 Ver 1_USACE Permit_20141112o �4 oq,% U.S. ARMY CORPS F ENGINEERS WILMINGTON DISTRICT Action Id. SAW - 2014-00562 County. New Hanover State Permit#: 9393 =14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Harry Hardy North Carolina Division of Marine Fisheries 3441 Arendell Street Morehead City, North Carolina 28557 Telephone Number: Size (acres) Nearest Waterway Coordinates Location description: North Carolina. 5 Atlantic Ocean Latitude: 34o 06.299' Longitude: 77.44.928' The project area is located in the Atlantic Ocean, off the coast of New Hanover County. Description of projects area and activity: AR -372. This verification authorizes the discharge of rill material into -5 acres of waters of the United States for the addition of material to an existing artificial reef site known as AR -372. 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 194 SEE ATTACKED 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 CAMA application and information dated August 1. 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. 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 Ronnie Smith at 910 - 251 -4829 or by email at ronnie.d.smithAusace.armv.m it Corps Regulatory Official: Ronnie Smith C TC=57— Date: November 12.2014 Expiration Date of Verification: December 31, 2016 SAW - 2014-00562 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 Atlantic Ocean is subject to the ebb and flow of the tide and is used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. The Atlantic Ocean is also a water of the United States pursuant to the policies and criteria set forth in 33 CFR 328. 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 IOM 15 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 - 2014-00562 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by January 12, 2014. "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: Ro Smith Date of JD: November 12, 2014 Expiration Date of JD: November 12, 2019 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 hgR:Hrepulatory.usacesurvey.com /. Enclosures: GP 291 Conditions Project Drawings Copy Furnished without Enclosures: Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Mr. Robb Mairs North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Chad Coburn North Carolina Department of Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Fritz Rhode SAW. 201400562 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 National Ocean Service NOAA, Department of Commerce 3 Nautical Data Branch N\CS26 1315 East -West Hwy Silver Spring, Maryland 20910 -3282 National Geospatial- Intelligence Agency 7500 GEOINT Drive Springfield, Virginia 22150 Assistant Secretary of the Army Manpower and Reserve Affairs ASA (II, &E) 110 Army Pentagon Washington, D.C. 20310 -50110 Director Southeast Region National Marine Fisheries Service 263 13`h Avenue South St. Petersburg, Florida 33701 National Marine Fisheries Service 1315 East -West Highway Silver Spring, Maryland 20910 )ooIg0 �b U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2014 -00567 County: New Hanover State Permit#: 9393 =14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Harry Hardy North Carolina Division of Marine Fisheries 3441 Arendell Street Morehead City, North Carolina 28557 Telephone Number: Size (acres) z_5 =BUFFER Nearest Waterway Atlantic Ocean Coordinates Latitude: 34.24668 D Longitude: - 77.71498 ; if PERMITr Location description: The Proiect area is located in the Atlantic Ocean, off the coast of New Hanover County, North Carolina. More specifically, the boundine coordinates for Artificial Reef 364 are as follows: Existing Reef - N34-15.0761/77-42.753' E 34. 14.893 / 77.42.550' S 34. 14.558' / 77.42.997' W 34= 14.7441/ 77.43.200' Description of projects area and activity_AR -364. This verification authorizes the discharee of rill material into —2.5 acres of waters of the United States for the addition of material to an existing artificial reef site known as AR -364. 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 SEEATTACHED RGP or NRP 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 CAMA application and information dated August 1, 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 dare 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. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvalstpermits 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.smithAusace.army.m it Corps Regulatory Official: Ronnie Smith Date: November 12.2014 Expiration Date of Verification: December 31, 2016 SAW -2014 -00567 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 (C WA)(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 Atlantic Ocean is subject to the ebb and flow of the tide and is used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. The Atlantic Ocean is also a water of the United States pursuant to the policies and criteria set forth in 33 CFR 328. 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 SAW - 201400567 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the „a.. , 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 September 1, 2014. **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. Rorm h Date of JD: November 12, 2014 Expiration Date of JD: November 12, 2019 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 htto: / / /re�latory.usacesurvey.com/. Enclosures: GP 291 Conditions CAMA Permit Project Drawings Copy Furnished without Enclosures: Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Mr. Robb Mairs North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Chad Coburn North Carolina Department of Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW - 2014 -00566 County: New Hanover State Permit#: 93=14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Harry Hardy North Carolina Division of Marine Fisheries 3441 Arendell Street Morehead City, North Carolina 28557 Telephone Number: Size (acres) 2.5 (385 total site) Nearest Waterway Atlantic Ocean Coordinates Latitude: 34.30663 Longitude: - 77.86093 Location description: The project area is located in the Atlantic Ocean, off the coast of New Hanover County, North Carolina. More specifically, the bounding coordinates for Artificial Reef 378 are as follows: Existing Reef - NE 34.02.193' / 77.51.676' Proposed Reef - NE 34o 02.355' / 77.51.595' SE 34.01.754' / 77.51.902' SE 34.01.603' / 77x51.575' SW 34a 01.8451/ 77- 52.198' SW 34.01.612' / 77o 52.555' NW 34e 02.2981/ 77.51.940' NW 34= 02.364' / 77o 52.047' Description of projects area and activity_AR -378. This verification authorizes the discharee of fill material into —2.5 acres of waters of the United States for the addition of material to an existing artificial reef site known as AR-378. AR -378 will also be expanded from 120 acres to 385 acres. 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 conditions and your submitted CAMA application and Information dated Aueust 1, 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 1 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. 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 Ronnie Smith at 910-251 -4829 or by email at ron n ie.d.sm ithQ u sace.a rmv. m i l Corps Regulatory Official: Ronnie Smith \,_->' Date: November 12.2014 Expiration Date of Verification: December 31, 2016 SAW - 201400566 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 Atlantic Ocean Is subject to the ebb and flow of the tide and is used to transport Interstate and foreign commerce and Is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. The Atlantic Ocean is also a water of the United States pursuant to the policies and criteria set forth in 33 CFR 328. 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 I OM 15 Atlanta, Georgia 30303 -8801 Phone: (404) 562-5137 SAW- 2014 -00566 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 January 12, 2014. **It is not necessary to submit an RFA form Division ectf you do not object to the determination in this correspondence." Corps Regulatory Official: Ronnie mr Date of JD: November 12, 2014 Expiration Date of JD: November 12, 2019 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 hnp:Hregulatory.usacesurvey.com/. Enclosures: GP 291 Conditions CAMA Permit Project Drawings Copy Furnished without Enclosures: Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Mr. Robb Mairs North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Chad Coburn North Carolina Department of Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension snw- 2014405 " Wilmington, North Carolina 28405 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 National Ocean Service NOAA, Department of Commerce 3 Nautical Data Branch N\CS26, Station 7316 4 1315 East -West Hwy., RM 7316 Silver Spring, Maryland 20910 -3282 National Geospatial- Intelligence Agency 7500 GEOINT Drive Springfield, Virginia 22150 Assistant Secretary of the Army Manpower and Reserve Affairs ASA (FUE) 110 Army Pentagon Washington, D.C. 20310 -50110 Director Southeast Region National Marine Fisheries Service 263 13a' Avenue South St. Petersburg, Florida 33701 National Marine Fisheries Service 1315 East -West Highway Silver Spring, Maryland 20910 a.o I�ko��b U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2014 -00561 County: New Hanover State Permit#: 9393 =14 GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Harry Hardy North Carolina Division of Marine Fisheries 3441 Arendell Street Morehead City, North Carolina 28557 Telephone Number: NOV 17 2014 Size (acres) 2.5 (600 total site Nearest Waterway Atlantic Ocean DENR -WATER RESOL Coordinates Latitude: 34.1781 401 8 BUFFER PE MI' Longitude:- 77.745083 Location description: The project area Is located in the Atlantic Ocean, off the coast of New Hanover County, North Carolina. More specifically, the boundine coordinates for Artificial Reef 370 are as follows: Existing Reef - NE 34. 10.668' / 770 44.165' SE 34. 10.248' / 77.44.477' SW 34. 10.3751/ 77.44.739' NW 34.10.809' / 77.44.425' Proposed Reef - NE 34^ 10.830' / 77o 44.140 SE 34o 10.2221/ 77.44.149' SW 34.10.239' / 77o 45.558' NW 34.10.847' / 77o 45.549' Description of projects area and activity: AR-370. This verification authorizes the discharee of rill material into —2.5 acres of waters of the United States for the addition of material to an existinu artificial reef site known as AR -370. AR -370 will also be expanded from 120 acres to 600 acres. 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 conditions and your submitted CAMA application and information dated August 1. 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. 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 Ronnie Smith at 910-251 -4829 or by email at ronn ie.d.sm it hA usace.a rmv. m I I Corps Regulatory Official: Ronnie Smith Date: November 12.2014 Expiration Date of Verification: December 31, 2016 SAW - 201400567 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 Atlantic Ocean is subject to the ebb and flow of the tide and is used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. The Atlantic Ocean is also a water of the United States pursuant to the policies and criteria set forth in 33 CFR 328. 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 IOM 15 Atlanta, Georgia 30303 -8801 Phone: (404) 562-5137 2 •r SAW - 2014-00%7 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 33 1.5, 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 January 12,2014. **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 Sm Date of JD: November 12, 2014 Expiration Date of JD: November 12, 2019 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 htt Wregulatory.usacesurvey.com/. Enclosures: GP 291 Conditions CAMA Permit Project Drawings Copy Furnished without Enclosures: Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Mr. Robb Mairs North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Chad Coburn North Carolina Department of Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension SAW - 201400567 Wilmington, North Carolina 28405 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 National Ocean Service NOAA, Department of Commerce 3 Nautical Data Branch N\CS26, Station 7316 11 1315 East -West Hwy., RM 7316 Silver Spring, Maryland 20910 -3282 National Geospatial - Intelligence Agency 7500 GEOINT Drive Springfield, Virginia 22150 Assistant Secretary of the Army Manpower and Reserve Affairs ASA (IL&E) 110 Army Pentagon Washington, D.C. 20310 -50110 Director Southeast Region National Marine Fisheries Service 263 13'h Avenue South St. Petersburg, Florida 33701 National Marine Fisheries Service 1315 East -West Highway Silver Spring, Maryland 20910 'r- �-o1q 0g%9 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW - 2014 -01530 County: New Hanover State Permit#: 93_14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Harry Hardy North Carolina Division of Marine Fisheries n r, �/] 3441 Arendell Street iU) i lJ t,/ M_ orehead City. North Carolina 28557 Ipppnlluu( Telephone Number. NOV I S 2U14 Size (acres) 73 Nearest Waterway Atlantic Ocean DENR - WATER RESOUR 401 8 BUFFER P RMITT Coordinates Latitude: 34.01422 Longitude: - 77.84628 Location description: The Protect area is 73 acres and is located in the Atlantic Ocean, off the coast of New Hanover County, North Carolina. More specifically, the boundine coordinates for Artificial Reef 378b are as follows: NE 340 00.850'/ 77.50.492' SE 34e 00.4861177- 50.497' SW 34.00.490' / 77^ 50.782' NW 34o 00.853' / 77a 50.777' Description of projects area and activity: AR -378b. This verification authorizes the dischar2e of fill material into approximately 0.258 acres for the establishment of a 73 acre artificial reef site known as AR-378b 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 ATTACIIED RGP or NR'P 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 CAMA application and information dated Aueust 1. 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 terns 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. 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 Ronnie Smith at 910.251 -4829 or by email at ronnie.d.smlth6ilusace.armv.mil Corps Regulatory Official: Ronnie Smith Date: November 12.2014 Expiration Date of Verification: December 31, 2016 SAW - 201401510 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 Atlantic Ocean is subject to the ebb and flow of the tide and is used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. The Atlantic Ocean is also a water of the United States pursuant to the policies and criteria set forth in 33 CFR 328. 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 SAW2014-0153 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by January 12,2014. **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 ofJD: November 12, 2014 Expiration Date of JD: November 12, 2019 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 ugulatory.usacesurvev.com/. Enclosures: GP 291 Conditions CAMA Permit Copy Furnished without Enclosures: Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Mr. Robb Mairs North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn North Carolina Department of Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 SAW- 201E-01530 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 National Ocean Service NOAA, Department of Commerce 3 Nautical Data Branch N\CS26, Station 7316 1315 East -West Hwy., RM 7316 Silver Spring, Maryland 20910 -3282 National Geospatial - Intelligence Agency 7500 GEOINT Drive Springfield, Virginia 22150 Assistant Secretary of the Army Manpower and Reserve Affairs ASA (]].. &E) 110 Army Pentagon Washington, D.C. 20310 -50110 Director Southeast Region National Marine Fisheries Service 263 13'h Avenue South St. Petersburg, Florida 33701 National Marine Fisheries Service 1315 East -West Highway Silver Spring, Maryland 20910 Action ID Number: SAW- 2014 -01530 County: New Hanover Permittee: North Carolina Division of Marine Fisheries Project Name: AR 378b Date Verification Issued: November 12, 2014 Project Manager: Ronnie Smith 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 ENGINE. WILMINGTON DISTRICT Attn: Ronnie Smith 69 Darlington Avenue Wilmington, North Carolina 28403 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