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HomeMy WebLinkAbout20151070 Ver 1_USACE Permit_20151026U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-02155-SAW County: Craven U.S.G.S. Quad: NGNEW BERN GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number Size (acres) Nearest Waterway USGS HUC Location description: Carolina. Norfollc Southern Railwav Jackson Owens 1200 Peachtree Street, NE Atlanta, GA, 30309 404-527-2533 0.001 , Nearest Town New Bern Trent River River Basin Lower Neuse 03020204 Coordinates Latitude:35.099673 Longitude: -77.041407 Brid�e EC-59.3 is a active rail bridge that crosses the Trent River iust south of New Bern, North Description of projects area and activity: Five brid�e sections south of the swing span and three bridge sections north of the swing span will be replaced within the alignment of the existing bridge. There are no imAacts to wetlands and there will be 0.001 acres of total open water permanent impacts. Applicable Law: Authorization: � Section 404 (Clean Water Act, 33 USC 1344) � Section 10 (Rivers and Harbors Act, 33 USC 403) Regional General Peimit Number oi` Nationwide Permit Number: NWP3 ' 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 09 October 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 modiiied, suspended or revoked. If, prior to the expu•ation date identiiied below, the nationwide permit authorization is reissued and/or modi�ied, this verification will reinain valid until the expiration date identified below, provided it complies with all requirements of the modiiied nationwide peimit. If the nationwide permit authorization expu�es or is suspended, revolced, 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 conh�act 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 expu•ation, 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 requu•e an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requvements. 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 Washington, NC, at (252) 946-6481. 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 Pennit, or the Corps of Engineers regulatory program, please contact Robert Boone at 910-251-4610 or Robert.A.Boone a,usace.armv.mil. Corps Regulatoiy Official: ��-�� ��'�� Date: 26 October 2015 Expiration Date of Veriiication: 18 March 2017 SA�Y-2015-02155-SAW 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 detelmination 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 Harbois 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 yeals fi•om 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 requu•ements 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 fi�om 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- . Basis For Determination: US Armv Corps of En�ineers 1987 Wetland Delineation Manual and Atlantic and Gulf Coast Re�ion Supplement Remarks: Jurisdictional Information provided in application package. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Coips' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination inay not be valid for the wetland conservation provisions of the Food Security Act of 1985. I�you or your tenant are USDA Progra��.participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office� �f 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 detennination, you may request an adminish•ative 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 bivision 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 Coips, the Corps must determine that it is complete, thaf it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Of�ce 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 NA. '�*It is not necessary to submit an RFA foim to the Division Office if you do not object to the determination in this coirespondence.** Coips Regulatory Ofiicial: �e�� %(�y� Robert Boone ' Date of JD: 26 October 2015 Expu•ation Date of JD: 26 October 2020