20140871 Ver 2_USACE Permit_20150514

Coburn, Chad
From: jason.hartshorn @kimley - horn.com
Sent: Thursday, May 14, 2015 8:33 AM
To: Coburn, Chad
Subject: FW: 2014 -00309 Covil Farm Road Bicycle Lane NWP 14 (UNCLASSIFIED)
Attachments: SAW - 2014 -00309 Covil Farm Road Bicycle Lane NWP 14.pdf
Good morning Chad,
Please find attached the revised Nationwide Permit 14 approval for the Covil Farms Bicycle Lanes project in New
Hanover County that we received this morning. Let me know if you have any questions on the 401 review, or if you need
any additional information.
Sincerely,
Ja oin III °larts hoirin
Kimley-Horn 13001 Westo n IParkway, Cary, INC, 27513
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- - - -- Original Message---- -
From: Folta, Christine W SAW mailto:Christine.W. crltaC _u_sa_ce arm.Y mi.l.]
..._ ............................................. ............................... .
Sent: Thursday, May 14, 2015 8:22 AM
To: Hartshorn, Jason
Cc: Shaver, Brad E SAW; Dahl, Kyle J SAW; sathisC_nedcat:gcav
Subject: 2014 -00309 Covil Farm Road Bicycle Lane NWP 14 (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Jason,
Attached is a copy of the new NWP for the Covil Farm Road Bicycle Lane. A hard copy has also been put in the mail.
Please let me know if you have any questions.
Thanks, Christy
Christy Folta
Regulatory Specialist
U.S. Army Corps of Engineers
69 Darlington Ave
Wilmington NC, 28403
(910) 251 -4637 (Ph)
(910) 251 -4025 (Fax)
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 : / /regulatory.usacesurvey.com/

Classification: UNCLASSIFIED
Caveats: NONE

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2014 -00309 County: New Hanover U.S.G.S. Quad: Scotts Hill
GENERAL PERMIT (REGIONAL, AND NATIONWIDE) VERIFICATION
Property Owner: New Hanover County Agent: Kimlev -Horn and Associates, Inc.
Attn: Karen Crichton attn: Jason Hartshorn
Address: 230 Government Center Drive P.O. Box 33068
Wilmington, NC 28403 Raleigh, NC 27636
Phone No. (919) 677 -2000
Property description:
Size (acres) =1 Nearest Town Wilmington
Nearest Waterway Pages Creek River Basin Cape Fear River Basin
USGS HUC 03030001 Coordinates N 34.2615 W - 77.8167
Location description: The project area is located on Covil Farm Road, west of Old Fort Road, in Wilmington, New Hanover
County, NC.
Description of projects area and activity: This Nationwide Permit 14 authorizes permanent impacts to 0.054 acre and 16 linear
feet of stream, and temporary impacts to 0.044 acre of wetland and 14 linear feet of stream for the construction of a bicycle
lane on Covil Farm Road. This Nationwide Permit supersedes the permit issued on September 3, 2014. See attached plans.
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: 14
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 which was emailed to the Corps on April 14, 2015. 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 Quality (telephone [phone]) 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 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
Corps Regulatory Official: f Date: Mal 14, 2015
Expiration Date of Verification: March 18, 2017

SAW- 2014 -00309
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 pen-nit 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 fiom 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 2/14//2014. Action ID:.
Basis For Determination: The site exhibits wetland criteria as defined in the 1987 Wetland Delineation Manual and
its appropriate Regional Supplement and an ordinary high water mark. This preliminary determination is based on
information provided by Kimley -Horn and Associates, Inc. and a site visit conducted by Christy Folta on 11/13/2013.
Remarks:
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 fi•om 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: [phone]
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 July 12, 2015.
* *It is not necessary to submit an RF form to the Di ision Office if you do not object to the determination in this correspondence. **
f"
Corps Regulatory Official:
Date of JD: May 14, 2015 Expiration Date of JD: May 14, 2020

SAW- 2014 -00309
Special Conditions
SAW- 2014 -00309
1. 1. Prior to construction within any jurisdictional areas, the permittee must correctly install silt fencing
(with or without safety fencing) parallel with the utility line corridors, on both sides of the jurisdictional
crossing. This barrier is to serve both as an erosion control measure and a visual identifier of the limits
of construction within any jurisdictional areas.
Corps Regulatory Signature_ Date

SAW -2014 -00309
Action ID Number: SAW- 2014 -00309 County: New Hanover
Permittee: New Hanover County, attn: Karen Crichton
Date Permit Issued: 5/13/2015
Project Manager: Christy Folta
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: Christy Wicker
69 Darlington Ave
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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

SAW -2014 -00309
lowing identifies your rights; and options regarding an administrative appeal of the above decision.
n may be found at �a &(p // y �I g :a , rr ll�ii /iriet/triictioi is /cw/cer w o/i g or
3 CFR Part 331,
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for
final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized.
Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive
all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated
with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
211 : B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for
final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized.
Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive
all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated
with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II
of this form and sending the form to the division engineer. This form must be received by the division engineer within 60
days of the date of this notice,
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer
form must be received by the division engineer within 60 days of the date of this notice.
This
Applicant: New Hanover County; attn: Karvn Crichton File Number: SAW- 2014 -00309 Date: May 13, 2015
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
lowing identifies your rights; and options regarding an administrative appeal of the above decision.
n may be found at �a &(p // y �I g :a , rr ll�ii /iriet/triictioi is /cw/cer w o/i g or
3 CFR Part 331,
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for
final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized.
Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive
all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated
with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
211 : B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for
final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized.
Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive
all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated
with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II
of this form and sending the form to the division engineer. This form must be received by the division engineer within 60
days of the date of this notice,
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer
form must be received by the division engineer within 60 days of the date of this notice.
This

SAW -2014 -00309
Signature of appellant or agent.
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 -8801
Phone: [phone]

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