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Home My WebLink AboutSW5221102_Wetland Determination/Report_20230712 (2) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01970 County: Nash County U.S.G.S. Quad: Spring Hope GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Tom White Address: 3739 National Drive Raleigh NC, 27612 Telephone Number: (919) 760-0101 Size (acres) 73 Nearest Town Spring Hope Nearest Waterway Sapony Creek River Basin Pamlico USGS HUC 03020101 Coordinates Latitude: 35.95884. Longitude: -78.11114 Location description: Description of projects area and activity: The project involves the development of a residential subdivision. 78If of jurisdictional tributary and 0.09ac of wetlands will be impacted while installing a road crossing. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344); Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: 29 SEE ATTACHED RGP or 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 and your submitted application and attached information dated September 23, 2022 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. 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 Kyle Barnes at (910) 251-4584 or Kyle.W.Barnesusace.army.mil. Corps Regulatory Official: J3cAJJT\Qfi— Date: January 13, 2023 Expiration Date of Verification: arch 14, 2026 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 https://regulatory.ops.usace.army.mil/customer-service-survey/ Action ID Number: SAW-2021-01970 County: Nash County Permittee: Tom White Project Name: Rigsbee Property / Terracon Consultants / Nash County Date Verification Issued: January 13, 2023 Project Manager: Kyle Barnes 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: Kyle Barnes 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 OTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS ANDMik I REQUEST FOR APPEAL Applicant: Tom White File Number: SAW-2021-01970 Date: January 13,2023 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A I PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D IX PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or Corps regulations at 33 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. 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 division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. LSECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division, Mr.Philip Shannin,Administrative Appeal Review Officer Attn: Kyle Barnes CESAD-PDO 2407 West 5th Street U.S.Army Corps of Engineers, South Atlantic Division Washington,North Carolina 27889 60 Forsyth Street,Room 10M15 Atlanta,Georgia 30303-8801 Phone: (404)562-5137 EMAIL:PHILIP.A.SHANNIN@,USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Kyle Barnes,2407 West 5th Street Washington,North Carolina 27889 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.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 EMAIL:PHILIP.A.SHANNIN@,USACE.ARMY.MIL BEFORE YOU DIG, PERMANENT: CALL '�� N IMPACT TABLE: TEMPORARY: SQUARE FEET ACRES 3i o. _‘,/ ' -.'\ NV 0 a" _'�� 1_---- -'- � ZONE 1 IMPACTS N/A 4,560 Sq Ft 0.10 Ac. � Q ZONE 2 IMPACTS N/A 2,920 Sq Ft 0.07 Ac. NORTH CAROLINA �� ; 7�� 1.52�Sq Ft E 27 --\ _ __ > �Nwww.ncocc.oE CALL NgER a .�< '_-��1� V — STREAM IMPACT 14 L.F. 67 L.F. g Q i•% 1•s��> ZONE, _-- ��°� PROFILE LEGEND STREAM AREA IMPACT N/A 189 Sq Ft 0.004 Ac. (./ n �� -,0 w,1".2,336 Sq Ft \ 30' OFFSET LEFT V z �** 1 ®ttatfl� — WI-; _-____ WETLAND AREA IMPACT N/A 3,867 Sq Ft 0.09 Ac. 1s' OFFSET LEFT Z _ ___- , •��•�• �1�,,�it I EXISTING C/L se ��:�� 1d��1` i zONc 1 TOTAL AREA DISTURBED N/A 7,500 Sq Ft 0.17 Ac. �� 15' OFFSET RIGHT I , ,�� +1 lifiii i��' ,,1l el / (30 ' / 30' OFFSET RIGHT V W w 3 t,522 q Ft--¶t44iq7 p / PROPOSED GRADES®�� '- f 4o260 260 0 p1 • . .. TAT+,I�� p*� :,1,�, 2,225 Sq F� \ —_,` 20 ,1�� )4�: soft sieso.4. ONF,1\ --- ZONE 1 �;:t ®� 30 ) \ 3w Sq Ft �` l *8110 * \ U) wo= y6F W ONE 1 � ;; � �I \\ FLOW / B�O 30 ) i I�p�. \ 6 `' t Est —- \k + 255 255 2,225NSq�Fh'�`/� \`�� ` i:1x gZONE 2=2M \\ CONSTRUCTIONI UPSTREAM AREA i ' ` BLN=C-1874 >/�' ;; �' �' _ F6 so, %11 ,0 ADZ '" ` �y f ZONE �� Q / STILLING BASIN \ z i -- m 2 FT.MAX.DEPTH / `m �/ (ONE) 66'`1,398 Sq Ft it - \ ( ) 30 aj wl I ZONE 2 / tW —�� A '' UI — No s�sroNE �j 250 �_ / 250 \ CLASS B RIP RAP __, _ ______ a Oo CD CD C CC::2 C I 47"x71"ARCHED jw O O O O O O O CORRUGATED. (2 2/3 ALUMINUM UM�, ie ro SCALE: = 20' g -- 000 O O O O O O O ` ' Q n 50 100 150 O 245 245 CZ meal EXISTING CHANNEL DOWNSTREAM _ CO).STREAMCROSS/NO DETAIL PLAN VIEW Waft, V 0 1- I— 5 '1 240 240 ---'\�s / o Oo� — '' ,\ _---- _ �.� __-- No.57 STONE l , +"�'�.-.�,�CLASS B RIP RAP CO \. J o IQ "11_1 ` _----- -- i FLOWS 47.100 �•�•�•. �/ IX .::__ W ill— - ��\ \` _—_��C�`us ' —� 9+50 10+00 10+50 11+00 11+50 _—— ilk \ ' /� _ __--\ -_,, \ ALTER FABRIC — THE 2 _ ye __ . so ___ TEMPORARY CROSS-SECTION VIEW SCALE: 1" = 30' ea __- a., \- 111 t.,t,X, EDIMENT \ - *ik il, TRAM- — TEMPORARY 0 50 100 125 150 !. Cc TEMPORARY SEDIMENT TRAP - t1O / NOT TO SCALE CC CL. \ 7( s '‘'IM,.4:(\iffi'i z N 1—— --1C % �: - T O / y , �* PUMP V P v \ ;,,—tie--.10, �A ♦� E.r N PROVED SEDIMENT FILTERING DEVICE \ ♦ \\ =➢y en ~3U ROWDE pISCHARGE HOSES (SEDIMENT FILTER BAG). P \ ?9y __ _ Tx OF 8 LESS THAN ExLxwLL LExDTx. az� POST BAG STREAM SEDIMENT STREAM DIVERSION PUMP 16 fig= � �i — • » i�� ♦ �� TTcx°F "' I oEwATERINc PUMP , INTAKE HOSE CAR ' = WxEry NE CaN B TaB ELE B T°OBE>a= °T,�aD,xT.T xE Taw DF xn MW x.nTexGe xxoN°nex _ �� AERB°x�xATEEY°N 1a " EGTED NY THE ExD:xEEB T EATERx MNLExx°LEAVE EAVE T s� s THE PIPE ARO POUR THE BASE SEPARATELY eLe. "` DISCHARGE rAa ER P°P° —0 ��N't'ssl�� l i i�'/ /, wtt _ —� lM�— \ — ��v L xur,s used.x coxPur.wc exvwu px AD TO PREVENT / > f1 4O..e ON9,y' / _ `` inn — z q, PLAN ^ o / �' � STRE eANK ' / �M / ♦♦ / ♦ _ J No a o,E.x�nmw.m�,PW,> y H !l rvTs lk el, _ '�' '•/ - = 9843 0 o wo V _ '� / \\� _ x c� E�°w� MEnT oiKEN WATER E'N E& ` // ® \ • 0 F e _ W s DKE ��, °KE '�� DAMETER) %�yj.ciNc. ? I3. • �FIAEL —�1 if / - m I�°3x \I I v,---1 /,w Z \\ F. �� c�acQ i ♦ \ III,• \ i `c m '�'#' J �� T =„� ... \ s 0▪ J o cH cnry E co PELTED ONE oar I 11-12-21 / k \ m r z y oorlEL u. STREAM ' OI O L a^, 1R W`;., 1E SET UP PHMP TH SUC srnnrrvrr or ,I Ir �'x o.�, DISCHARGE HOSE CROSSING DETAIL O y x.>I. aTm x=w To ,o.xT „F LNG.am ,s moo, ~^ DONUEL o 3'r•' 2 INSTALL UP-STREAM SANDBAG DAM 3 INSTALL DONN-STREAM SANDBAG DAM."-1911 r= ELEVATION END ELEVATION BAR-„X„ f 2 W< M. REVISIONS SCALE: 1" = 20' c>c F x a h W Jm w RE MxANxs MUST BE STABILIZED AT THE END OF EACH DA.. „/2e/22-NCDEQ 9 r a z PIPE N!IM I P[fE ov�ae^�� — CMVN xxxvu,m,z WAS c.>,r,rE enrol h f O NOs ry w 12/14/22-USACE J W C c ,< SHALL BE PUMPED AROUND THE WORK AREA THE PUMP SHOULD DISCHARGE ONTO A STABLE VELOCITY DISSIPATER 50 00 150 y0D 252 Ol - - - - ® w O DOWNSTREAM SANDBAG DIKE WITHOUT CAUSING FURTHER EROSION BETWEEN THE SEDIMENT FILTER BAG AND THE STREAMBANK. INITIAL EC PLAN— TEMPORARY PUNPAROUND STD NO. TEMPORARY PUMP AROUND 400.23 FILE NO. 2021-028 838.04 e, n x.,>e s�� z,o ,e 1.mT rsa T a.nx 838.04 SHEET OFT HORZ SCALE: 1^=30' VERT.SCALE: NONE come m O,x,on or ro�.n0 exe. r Oa n�mexea,oOa .III omE roe,Enc.mxe�P mr roxx Oca IxoxO o-oO,ma n«o�ae oO,Beon.aca r Wean.o a ro�wnI rma,xnc m,roux aomn.Menne.n:28-2s 1 CE-25