HomeMy WebLinkAboutSAW-2019-01974 BR-0035 Bridge #24 across Nicks Creek Moore Issued TSSAW-2019-01974 NCDOT BR-0035 Bridge# 24 on NC 22 across Nicks Creek, Moore Co, NC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01974 NCDOT BR-0035 Bridge# 24 on NC 22 across Nicks Creek, Moore Co, NC
County: Moore County U.S.G.S. Quad: NC -Carthage
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: North Carolina Department of Transportation
Mr. Jason Dilday
Address: 1598 Mail Service Road
Raleigh, NC 27699
Telephone Number: (919) 707-6111
E-mail: ildildaylAncdot.gov
Size (acres) N/A Nearest Town Carthage
Nearest Waterway Little River River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude: 35.253501
Longitude:-79.412772
Location description: The current Bridge #24 on NC 22 over Nicks Creek is approximately 0.35-mile northwest of the
intersection of NC 22 and Michael Road (NC 1840) near Whispering Pines in Moore County, North Carolina
Description of projects area and activity: This verification supersedes former NWP 14 SAW-2019-01974 acknowledued on April
28. 2020. to authorize NCDOT proiect BR-0035. which will include the replacement of the existing Bridge# 24 on NC 22 over
Nicks Creek with the placement of a multi -celled box culvert for a new roadway on new alignment across Nicks Creek directly
downstream of the existing roadway bridge. This proiect will include impact to a total of 0.1 acre of wetland with placement
of fill in 0.09 acres of wetland and mechanical clearing of 0.01 acre of wetland. In addition, this proiect will include impact to
a total of 196 linear feet of Nicks Creek from the placement of 61 linear foot -long box culvert, permanent placement of 90
linear feet of stream bank stabilization and temporary placement of 45 linear feet of stream bank stabilization. Compensatory
mitigation for this proiect, which includes 122 stream mitigation credits and 0.2 wetland mitigation credits, were provided
under the former NWP-14 authorization from NCDEO DMS dated July 30, 2020
Applicable Law(s): ❑N Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit NWP-14 Linear Transportation Proiects
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 1/24/2023, and the enclosed plans Sheet 1-11 of 11, Project BR-035 dated 4/3/2020.
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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general 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.
SAW-2019-01974 NCDOT BR-0035 Bridge# 24 on NC 22 across Nicks Creek, Moore Co, NC
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808.
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 Stephen A. Brumagin at (704) 510-0162 or Stephen.a.brumagin(&usace.army.mil.
2023.03.06
a Corps Regulatory Official: 15:29:07-05'00'Date: 3/6/2023
Expiration Date of Verification: 3/14/2026
CESAW-RG (File Number, SAW-2019-01974 NCDOT BR-0035 Bridge on NC 22 across Nicks Creek, Moore
Co., NC)
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 Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/Vp=136:4:0
Copy furnished:
SPECIAL CONDITIONS
All work must be performed in strict compliance with (a) the description of work in the PCN
and (b) the Wetlands and Surface Water Impact Permit Drawing(s) (Permit Plans) in the
application dated April 3, 2020. Any modification to the description of work and/or the
permit plans must be approved by the USACE prior to implementation.
2. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this authorization letter in the construction and maintenance of this project and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this authorization letter, all conditions, and any
authorized modifications. A copy of this authorization letter, all conditions, and any
authorized modifications, shall be available at the project site during construction and
maintenance of this project.
3. The Wilmington District, Federal Highway Administration, U.S. Fish and Wildlife Service
(USFWS), and the North Carolina Department of Transportation (NCDOT) have conducted
programmatic Section 7(a)(2) consultation for the Northern long-eared bat (NLEB) for
NCDOT projects located in Divisions 1-8. The result of this programmatic consultation is a
Programmatic Biological Opinion (PBO) issued by the USFWS titled, "Programmatic
Biological Opinion — Revised, NCDOT Program Effects on the Northern Long-eared Bat in
Divisions 1-8", dated December 15, 2022. This PBO contains agreed upon conservation
measures which would minimize take of NLEB. As noted in the PBO, applicability of these
conservation measures varies depending on the location of the project. The USFWS has
documented that no reasonable and prudent measures, nor terms and conditions, are
necessary or appropriate to minimize the amount or extent of incidental take of NLEB
caused by the Action; therefore, the incidental take statement does not provide reasonable
and prudent measures for this species. Department of the Army (DA) authorization under
general permit or standard permit (Individual Permit) is conditional upon the permittee's
compliance with applicable, agreed upon conservations measures of the PBO, which is
incorporated by reference in this verification letter. Failure to comply with the applicable
conservation measures, where a take of the NLEB occurs, would constitute an
unauthorized take by the permittee, and would also constitute permittee non-compliance
with this (choose one) *verification letter* *permit*. The USFWS is the appropriate authority
to determine compliance with the terms and conditions of its PBO and the ESA. All PBOs
can be found on our website at: https://www.saw.usace.army.miI/Missions/Regulatory-
Permit-Program/Agency-Coordination/ESA/
CESAW-RG (File Number, SAW-2019-01974 NCDOT BR-0035 Bridge on NC 22 across Nicks Creek, Moore
Co., NC)
Action ID Number: SAW-2019-01974 NCDOT BR-0035 Bridle# 24 on NC 22 across Nicks Creek, Moore
Co, NC County: Moore
Permittee: North Carolina Department of Transportation, Mr. Jason Dildav
Project Name: NCDOT BR-0035 Bridge #24 on NC 22 across Nicks Creek
Date Verification Issued: 3/6/2023
Project Manager: Stephen A. Brumagin
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: Stephen A. Brumagin
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
stephen.a.brumagin@usace.army.mil
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