20071599 Ver 1_Other Agency Comments_20071022

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,. U.S. ARMY CORPS OF ENGINEERS ~~~1~i?''1
WILMINGTON DISTRICT G
Action ID. SAW-2007-03398-031 County: Duplin USGS Quad: Chinquapin
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: NC Department of Transportation: Highway Division 3
Address: Attn: Mr. H. Allen Pope, Division Engineer
124 Division Drive
Wilmington, North Carolina 28401
Telephone No.: 910-251-5724
Size and location of property (water body, road name/number, town, etc.): The Proiect area (DOT Proiect No.
3c031.047))_is located along NCSR 1971 (Old Field Road), south of NC Highway 50 (Cypress Creek Roadl. in
unnamed tributaries to Cypress Creek, southeast of the town of Chinauapin. Duplin County. (34.81170N.
77.80006W).
Description of projects area and activity: Excavation of and discharge of fill material into 43 linear feet of warm
water stream channels associated with 3 culvert replacements for the purpose of improving SR 1971. The scope of
the Proiect is to widen, grade, drain, and base the 1.6 miles of existing upaved raod to current NCDOT secondary
road standards of 20 ft. of travel lanes and 6 ft. of earthen shoulders to improve safety and stability. .
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. 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 the expiration date identified below, the nationwide 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 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.
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 [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC at 910-796-7215.
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 Jennifer S. Frye at 910-251-4923.
Corps Regulatory Officia -' Date: 10/22/2007
Expiration Date of Verification: 10/22/2009
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 the attached customer Satisfaction Survey or visit http://www.saw.usace.armv.mil/WETLANDS/index.html to
complete the survey online.
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Determination of Jurisdiction:
^ Based on preliminary information, there appear 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).
^ 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.
® 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.
^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued .Action ID
Basis of Jurisdictional Determination: This project area contains three waterbodies that exhibit Ordinary High Water Marks
and are tributaries to Cypress Creek, which is a tributary to the Northeast Cape Fear River, a Navigable Water of the United
States. This determination is based on information submitted by NCDOT, Division 3 and a site visit by Jennifer Frye on
8/23/2007.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Division
Attn: Jennifer S. Frye, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office 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 12/22/2007.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 10/22/2007 Expiration Date 10/22/2012
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Mr. Ken Averitte, DENR-DWQ, FRO, 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Mr. Mason Herndon, DOT Division Office, Highway Division 3, 124 Division Drive, Wilmington, NC 28401
Mr. John Hennessy, DENR-DWQ, 2321 Crabtree Blvd., Suite 250, Parkview Building, Raleigh, NC 27604
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A
Action ID Number:SAW-2007-03398-031 County:Du lin
Permittee: NC Department of Transportation: Highway Division 3
Date Verification Issued: 10/22/2007
Project Manager: Jennifer Frye
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
WILMINGTON REGULATORY FIELD OFFICE
.POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
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