HomeMy WebLinkAbout20130472 Ver 7_USACE R 3601 nw 23 reverification_20150929SAW-2007-03641-010
Reve�fication , Elect�onicallv TNansmitted
Previous ve�ifications 7/14/2014, 3/30/201 S, 9/16/201 S
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-03641 County: Brunswick U.S.G.S. Quad: Wilmin�ton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittc�: NC DOT Agcnt: NC DOT
attn: Mr. Richard Hancock, P.E. attn: Mr. Tvler Stanton
Address: Manager, PDEA PDEA-Natural Environment Section
1548 Mail Service Center 1548 Mail Service Center
Raleigh, NC 27699 Raleigh, NC 27699
Size (miles) 2+ Nearest Town Leland
Nearest Waterway Brunswick River/Alligator Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.2344
Longitude: -77.9795
Location description: The proiect area is along US 17/74/76 from the NC 133/SR 1472 interchange to the US 421/NC 133
interchange crossin� Brunswick River and Alligator Creek near the Cape Fear River floodplain in Brunswick Countv.
DescripYion ofprojects area and activity: The NCDOT proAOSe to widen the aforementioned stretch of road from four to six
lanes which also involves the replacement of bridges over the Brunswick River and Alligator Creek. Additionally, the
northbound bridge will be the start of an additional seventh lane that will continue on US 17 into Wilmington. This
reverfication covers 0.05 of an acre of temporary fill in wetlands and 011 of an acre of hand clearing in wetlands to
accommodate a temporary work bridge (10' wide expansion) to construct permanent structure # 107 at site # 10.
The temporarv fll area should be restored to its former elevation and appropriatelv stabilized with a riparian seed mix when
the temporarv bridge is removed.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
� Secrion 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional Gencral Permit Number or Nationwide Permit Number: NWP 23.
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, modified Nationwide 23 request dated September 21, 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
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 Yhe expiration date idenrified below, the narionwide pennit authorization is reissued andlor ir�odified, this
verification will remain valid until the expirarion date identified bclow, provided it complies with all requirements of the modified
nationwide permit. If the narionwide permit authorization expires or is suspendcd, revoked, or is modificd, such that the activity would
no longer comply with the terms and condirions of the narionwide permit, activities which have commenced (i.e., are under construction)
or arc under contract to commence in reliance upon Yhe nationwide permit, will reinain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authoriry 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 counries subject to regularion under the Coastal Area Management Act (CAMA), prior
to beginning wark 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/pennits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Brad Shaver at 910-251-4611 or Brad.E.Shaver(�a,usace.armv.mil.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appcar 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 dcscribcd project area have been identified under a previous action. Plcase reference
jurisdictional detErmination issued 10/6/2008 and 2/24/2010. Action ID: SAW-2007 3641.
Bas1s FoP DetePminatlon: The subject area exhibited both an ordinary high water and had characteristics of
wetlands as described in the 1987 Corps Delineation Manual and both resources are abutting or drain to the Cape Fear River,
Brunswick River, or Alligator Creek, all of which are traditionally navigable water bodies that are subject to the ebb and flood
of tides.
Remarks: The updated permit drawings are numbered 28 (revised 9/20/2015) , 29 (revised
9/20/2015) , and 44 (revised 9/21/2015) of 44.
All conditions from previous verifications remain valid.
/ oigi�ally siqned by sHnvEA sano E t x�55ot �55
.1'� r�E DN:e=115,o=U5.Gavernm��nt,ou=DU�,ou=PKl,
�� �,: � £� I�p�, ou=USA,a�aHAVtN.eaAO.t.ln66o1]56
Corps Regulatory Official: °a`�=°15D929081J5SO40° Date: 9/29/2015
Expiration Date of Verification: 03/18/2017
The Wilmington District is committed to providing the highest level of support to the publie. To help us ensure we continue to do so,
please complete our customer Satisfaction Survey online at http://per2.nwp.usace.anny.miUsurve. .1� .
Copy furnished (Electronic):
NCDENR-DWR, Mr. Mason Herndon
NCDOT-NES, Mr. Chris Rivenbark
NCDENR-DCM, Mr. Stephen Lane
NCDENR-DCM, Ms. Cathy Brittingham
NCDOT-Div 3, Mr. Stonewall Mathis
Action ID Number: SAW-2007-03641-010
Permittee:
Project Name
NCDOT-PDEA
County: Brunswick
NCDOT/R-3601/US 17-74-76/Division 3
Date Verification Issued: Reverification dated 9/29/2015
Project Manager: Brad Shaver
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: Brad Shaver
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 Date