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HomeMy WebLinkAbout20150864 Ver 1_USACE Permit_20150923U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action id. SAW-2011-01522 County: Columbus U.S.G.S. Quad: NGLAKE WACCAMAW WEST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: North Carolina Department of Transportation Division 6 DEO, Mr. Jim Rerko Address: P.O. Box 1105 Fayetteville, NC 28302 Size (acres) N/A Nearest WaYerway Lake Waccamaw USGS HUC 03040206 Nearest Town Lake Waccamaw Rivcr Basin Waccamaw Coordinates Latitude:34.316741 Longitudc: -78.535826 Location description: The project site is located along SR 1900 (Canal Cove Road) at existing bridge number 342, over Lake Waccamaw Canal/Canal Cove in the town of Lake Waccamaw, Columbus County, North Carolina. Description of projects area and activity: This verification authorizes impacts associated with an NC DOT bridge replacement proiect. Specificallv, the proiect will replace a structurallv deficient �20' lon� bridge with a 25'-4" X 8'-7" aluminum box culvert . Permanent fill impacts tota10.02 acre open water. Temporary impacts associated with dewatering tota10.01 acre open water. Applicable Law: Authorization: � Section 404 (Clean Watcr Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Regional General Permit Numbcr or Nationwide Permit Numbcr: 14 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 application and attached information dated August 25, 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 verificarion will remain valid unril the cxpiration date idenrified below unlcss the nationwide authorization is modified, suspended or revolced. If, prior Yo the expiration date identificd below, the nationwide permit authorizarion 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. Acrivities subject to Secrion 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 regularion under tl�e Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Marehead Ciry, 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 Sarah Hair at 910-251-4049 or Sarah.E.Hair(a�usace.army.mil. HAIR.SARAH.EA.1 �,g�a��v,9�edev���RSAR��EA,o=a6935,= DN. c� I1S, o�-�US. Government, au=�DaD, ou=PKl. Corps Regulatory Official: 054693512 _ �=�P�015"���3"��0:;; �40o54693512 Date: September 23, 2015 Expiration Date of Verification: March 18, 2017 Determination of Jurisdiction: A. ❑ Based on preliminary infarmation, Yhere appcar to be waters of Yhc US including wetlands within thc above described project area. This prcliminary dctermination is not an appealable action under the Regulatory Program Administrative Appcal Process ( Rcfcrence 33 CFR Part 331). B. ❑ Therc arc Navigablc Watcrs of the United States within the above dcscribed projcct 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 abovc described proj ect area subj cct to the permit requircments 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- . Bas1s Fol' Detet'mination: The project site contains waters which are a part of Lake Waccamaw, a Traditionally Navigable Water, which flows into the Waccamaw River, and ultimately to the Atlantic Ocean. Remarks: E. Attention USDA Program Participants This delinearion/d�terminarion has bcen conducted to identify the limits of Corps' Clcan Water Act jurisdiction for the parricular site idcnYified v� this request. The delineation/determination may not be valid far fl�e weYland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program parYicipants, or anticipate parYicipation in USDA programs, you shotitld requcst a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals InfoPmatlon (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. Ifyou 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 requcst for appeal (RFA) form. If you request to appeal this dcterminarion 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, thc Corps must determine that it is complete, that it meets Yhe 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 forin, it must be received at the above address by November 23, 2015. **It is not necessary to submit an RFA form to the Division Office if �ou do not object to the determination in this correspondence.** HAIR.SARAH.E °'g"�"v='g�dbv HAI R.SARAH.EA.1054693512 COT''JS R0gU12i01'y �f�1C111: oN: r-us, o=u5. Government, ou=ooD, A� �-��693512�'�'`r°�°�'" a rn=HAIR.SARAH.EA.1054693512 Date: 2015.0923 ll:00:31 -04'00' Date of JD: September 23, 2015 Expiration Date of JD: September 23, 2020 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/. Copy furnished: Mr. Mason Herndon, NC DWR (e-copy) SAW-2011-01522 SPECIAL CONDITIONS 1) NCDOT shall implement the 6 conservation measures listed in the US fish and Wildlife Service's letter dated April 28, 2015 (attached) in response to the NC DOT's Biological Conclusion that the proposed project "may affect, but is not likely to adversely affect the federally threatened Waccamaw silverside (Mendidia extensa). 2) All work must be performed in strict compliance with the plans receivcd by this office on August 25, 2015, which are a part of this permit. Any modification to the permit plans must be approved by the USACE priar to implementation 3) Failure to institute and carry out the details of these special conditions will result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such other remedies and/or fines as the District Engineer or his authorized representatives may seek. 4) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit 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 permit, and any authorized modifications. A copy of this permit, and any authorized modifications, including all condirions, shall be available at the project site during construction and maintenance of this project. 5) This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. 6) The permittee will repart any violation of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act in writing to the Wilmington District, U. S Army Corps of Engineers, within 24 hours of the permittee's discovery of the violation. Action ID Number: SAW-2011-01522 County: Columbus Permittee: Project Name: Mr. Jim Rerko, DEO NCDOT/BR 342/SR 1900/Div 6 Date Verification Issued: September 23, 2015 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigallon required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Sarah Hair 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 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicani: Mr. Jiin Rer�lco, Division 6 DEO File Number: SAW-20ll-01522 Date: September 23, 2015 Attached is: INITIAL PROPFERED PERMIT PROFFERED PERMIT (Standarc PERMIT DENIAL Pernut or Letter of Permit or Letter of oermissi APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION See Section below /� : 0 0 � SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.l�sace.ai�my.mil/Missions/CivilWorlcs/Revulator.���r�mandPeri��its.as�x or the Coms re�ulations 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 pennit (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 ll 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. This form inust 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. SECTION 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 pen�it 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 inforination that the review officer has determined is needed to clarify the administrative record. Neither the appellant nar 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: lf you have questions regarding this decision and/or the lf you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer Sarah Hair CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5 ] 37 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: Sarah Hair, 69 Darlington Avenue, Wilmington, North Carolina 28403 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: (404) 562-5137