HomeMy WebLinkAbout20160052 Ver 1_USACE Permit_20160114U.S. ARMY CORPS OF ENGINEERS
WII,MINGTON DISTRICT
Action Id. SAW-2016-00085 County: Carteret U.S.G.S. Quad: NC-DAVIS
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pennittee: NCDOT, Division 2
Jav Johnson
Address: Post Ofiice Box 1587
Greenville, NC, 27835
Size (acres)
Nearest Waterway
USGS HUC
Location description:
2.0 Nearest Town Davis
Core Sound River Basin White Oak River
03020301 Coordinates Latitude:34.7983617311584
Longitude: -76.499067859834
Sites A-E on US 70 near Davis, Carteret County, North Carolina
Description of projects area and activity: Applicant urouoses to reuair destabilized roadwav shoulders abutting waters of the
US at 5 seuarate sites on US 70. Shoreline stabilization will be comuleted with riu-rau; keved in and ulaced on geo-cloth to
urevent migration. Riu rau ulaced below the OHWM will be less than lcu vd uer linear foot on all sites. The iive sites are
identif"ied as Sites A-E and are seuarated bv adequate distances along the roadwav corridor to be identifed with seuarate
named waterbodies. Imuacts authorized bv this verif"ication at each site are as follows: Site A: 2051n ft of streambank and 80
sq ft of coastal wetlands, Site B: 5001n ft of streambank and 505 sq ft of coastal wetlands, Site C: 1151n ft of streambank and
10 sq ft of coastal wetlands, Site D: 651n ft of streambank and 50 sq ft of coastal wetlands, Site E: 1801n ft of streambank and
550 sq ft of coastal wetlands.
Applicable Law
Authorization:
� Section 404 (Clean Water Act, 33 USC 1344)
� Section 10 (Rivers and Harbors Act, 33 USC 403)
Regional General Pennit Ntunber or Nationwide Pennit Ntunber: NWP 13 Bank Stabilization.
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 Ol/12/2016. 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 reinain valid until the expiration date identified below unless the nationwide authorization is inodified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide pennit authorization is reissued and/or
inodified, this verification will reinain valid until the expiration date identified below, provided it coinplies with all requireinents of
the inodified nationwide pennit. If the nationwide perinit authorization expires or is suspended, revoked, or is inodified, such that the
activity would no longer coinply with the terins and conditions of the nationwide pennit, activities which have coimnenced (i.e., are
under construction) or are under contract to coininence in reliance upon the nationwide pennit, will reinain authorized provided the
activity is coinpleted within twelve inonths of the date of the nationwide perinit's expiration, inodification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to inodify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) inay also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919-807-6300) to detennine Section 401 requireinents.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Manageinent Act (CAMA),
priar to beginning work you inust contact the N.C. Division of Coastal Manageinent in Morehead City, NC, at (252) 808-2808.
This Departinent of the Anny verification does not relieve the pennittee 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 Pennit, or the Corps of Engineers regulatory
prograin, please contact Thomas Steffens at 910-251-4615 or Thomas.A.Steffensna usace.armv.mil.
STEFFENS.THOMAS.ANCRUM.1284706273
Corps Regulatory Official: 2016.OL1416:OL•37 -05'00' Date: O1/14/2016
Expiration Date of Verification: 03/18/2017
Determination of Jurisdiction:
A. � Based on preliininary infonnation, there appear to be waters of the US including wetlands within the above described project
area. This preliininary detennination is not an appealable action under the Regulatory Prograin Adininistrative 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 pennit requireinents 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 detennination inay 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 pennit requireinents 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 detennination inay 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 detennination issued . Action ID: SAW- .
Basis For Determination: Each site exhibits a High Tide Line as indicated by physical markings on structures
and are direct tributaries of Core Sound, a traditionally navigable waterway.
E. Attention USDA Program Participants
This delineation/detennination has been conducted to identify the liinits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/detennination inay not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Prograin participants, or anticipate participation in USDA prograins, you should request
a certified wetland detennination from the local office of the Natural Resources Conseroation 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 deterinination for the above described site. If you object to this
detennination, you inay request an adininistrative 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) fonn. If you request to appeal this deterinination you
inust subinit a coinpleted RFA form to the following address:
US Ariny Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Rooin 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps inust detennine that it is coinplete, that it ineets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Off'ice within 60 days of the date of the NAP. Should you
decide to subinit an RFA fonn, it inust be received at the above address by .
**It is not necessary to subinit an RFA form to the Division Office if you do not object to the deterinination in this correspondence.**
corpsRegulatoryoft"icial: �TFFFFN�TI-IC�MA� ANC'RI IM 17Ra7(1Fi273
Thomas Steffens
2016.01.14 16:01:12 -05'00'
Date of JD: Ol/14/2016
Expiration Date of JD:
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 htt�://regulatorv.usacesurvev.com/.
Action ID Number: SAW-2016-00085 County: Carteret
Permittee:
Project Name:
NCDOT, Division 2
Jav Johnson
NCDOT US 70 Shoulder Improvements Repairs
Date Verification Issued: O1/14/2016
Project Manager: Thomas Steffens STEFFENS.THOMAS.ANCRUM.1284706273
2016.01.14 16:0037 -05'00'
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: Thomas Steffens
Washington Regulatory Field Office
2407 West 5th Street
Washington, North Carolina
27889
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