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HomeMy WebLinkAbout20140847 Ver 1_Email NCDOT Bridge 16 US 264 Dare County NWP 3 and 12_20141117 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT SAW-2014-02112 DareNC-EAST LAKE SE Action Id. County: U.S.G.S. Quad: GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION NCDOT, Division Engineer Permittee: Jerry Jennings 113 Airport Road, Suite 100 Address: Edenton, NC, 27932 Telephone Number: Stumpy Point Size (acres) 0.08 Nearest Town Albemarle Sound Albemarle. North Carolina, Virginia. Nearest Waterway River Basin 301020535.7692450566806 USGS HUC Coordinates Latitude: -75.7691486092157 Longitude: Bridge #16 is located on US 264 over an unnamed tributary to Pamlico Sound approximately 8.3 miles Location description: south of the intersection of US 264 and US 64, north of Stumpy Point in Dare Couty, North Carolina. NCDOT proposes to replace Bridge #16 and associated utilities on US 264 over an Description of projects area and activity: unnamed tributary to Pamlico Sound. Utilities will be installed by directional bore. Utilities must be installed a minimum of 30 feet below the substrate of the tributary, as shown on the project plats. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) NWP 3 Maintenance and NWP 12 Utility Authorization: Regional General Permit Number or Nationwide Permit Number: S EE ATTACHED NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Line Activities. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 08/04/2014. 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 providedthe activity is completed within twelve months of the date of the na 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 919-807-6300) 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 Elizabeth City, NC, at (252) 264-3901. 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 Tracey Wheeler at 910-251-4627 or Tracey.L.Wheeler@usace.army.mil program, please contact . WHEELER.TRACEY.L.1 Digitally signed by WHEELER.TRACEY.L.1271895182 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, 11/17/2014 Corps Regulatory Official: ___________________________ Date: ou=USA, cn=WHEELER.TRACEY.L.1271895182 271895182 Date: 2014.11.17 16:09:28 -05'00' Expiration Date of Verification 03/18/2017 : 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 SAW- jurisdictional determination issued . Action ID: . Basis For Determination: Based on information submitted by NCDOT and analysis of GIS and USGS maps, there appear to be tidal wetlands directly connected to Pamlico Sound, located within the project footprint. E.Attention USDA Program Participants cular 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 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by . **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by WHEELER.TRACEY.L.1271895182 WHEELER.TRACEY.L.1271895182 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WHEELER.TRACEY.L.1271895182 Corps Regulatory Official: ______________________________________________________ Date: 2014.11.17 16:09:48 -05'00' Tracey Wheeler 11/17/2014 Date of JD: Expiration Date of JD: 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 online at http://regulatory.usacesurvey.com/. SAW-2014-02112 SPECIAL CONDITIONS Utilities must be installed a minimum of 30 feet below the substrate of the tributary, as shown on the project plats Action ID Number:SAW-2014-02112 County: Dare Permittee: NCDOT, Division Engineer Jerry Jennings Project Name: NCDOT/Bridge 16/US 264/Low Impact Bridge Project Date Verification Issued: 11/17/2014 Project Manager: Tracey Wheeler 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: Tracey Wheeler th 2407 West 5 Street Washington, North Carolina 27889 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