HomeMy WebLinkAbout20140394 Ver 3_USACE Permit_20160120EN
RECEIVED
N.C. Dept. of ENR
U.S. ARMY CORPS OF ENGINEERS ]AN 2 5 2016
WILMINGTON DISTRICT WINSTON-SALEM
REGIONAL OFFICE
Action Id. SAW -2014-00852 County: Alamance U.S.G.S. Quad: NC-MEBANE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: City of Burlington Agent: Alley, Williams, Carmen, and King, Inc.
attn: Frank Hope attn: Josh Johnson, PE
Address: 425 South Lexington Avenue Address: 425 South Lexington Avenue
Burlington, NC 27215 Burlington, NC 27215
Size (acres) -4.4 Nearest Town Burlington
Nearest Waterway Haw River River Basin Haw. North Carolina.
USGS HUC 3030002 Coordinates 36.108292 N, -79.393819 W to 36.110232 N. -79.402835 W
Location description: The proiect includes an existing 30 foot wide sewer easement on the west side of the Haw River between
Sellars Mill Road and Graham-Hopedell Road along Servis Creek in Burlington Alamance County, North Carolina.
Description of projects area and activity: This project includes Phases 2B and 2C of the Haw River Interceptor Replacement,
which replaces an existing an 42" gravity sewer line between Sellars Mill Road and Graham-Hopedell Road, including two
distinct crossings (projects):
1) Crossing 1(Stream Impact 1) requires the permanent discharge of fill material into 26 linear feet (0.006 acre) of Servis
Creek (near Sellars Mill Road) for bank stabilization around piers to facilitate an aerial sewer crossing;
2) Crossing 2 (Stream Impact 2) requires the permanent discharge of fill material into 26 linear feet (0.006 acre) of Servis
Creek (near Graham-Hopedell Roadl) for bank stabilization around piers to facilitate an aerial sewer crossing;
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: NWP 12 Utility Line Activities.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
REMARKS: See also NWP 12 verifications dated 6/26/2014 and 2/2/2015 for earlier phases of the Haw River Interceptor
single and complete project.
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 1/7/2016 (received 1/11/2016). 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 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 919-807-6300) to determine Section 401 requirements.
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.
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 David Bailey at 919-554-4884 ext 30 or David.E.Bailey2 &usace.army.mil.
y
Corps Regulatory Official: �° a�w Date: 1/20/2016
Expiration Date of Verification: 03/18/2017
Copy furnished:
Sue Homewood, NCDENR-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
SAW -2014-00852 Special Conditions:
1. Please note that future phases of the Haw River Interceptor project and related activities may be considered
part of a single and complete project, and impacts may be considered cumulative, with respect to
compensatory mitigation and Nationwide Permit thresholds, with impacts permitted during earlier phases
authorized and documented under Action ID: SAW -2014-00852. Current cumulative impacts to waters of
the US for this single and complete project (including Phases 1, 2A, 213, and 2C) include permanent
impacts (loss of waters) to 0.30 acre of wetlands, temporary impacts to 0.2243 acre of wetlands including
0.1249 acre of permanent wetland conversion, permanent impacts (loss of waters) to 48 linear feet (0.008
acre) of stream channel, permanent impacts (not a loss of waters) to 142 linear feet (0.027 acre) of stream
channel, and temporary impacts to 57 linear feet (0.007 acre) of stream channel. This amounts to a total
loss of waters of the US of 0.308 acre.
Digitally signed by
BAILEYDAVID.E.1379283736
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Corps Regulatory Official: Date: 2°16.8'.2°1159.56-85'°°' Date: 1/20/2016
Expiration Date of Verification: 03/18/2017
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 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 described project area have been identified under a previous action. Please reference
jurisdictional determination issued 2/2/2015 with NWP 12 tearsheet. Action ID`. SAW -2014-00852.
Basis For Determination: The proiect area exhibits water bodies with ordinary high water and wetland criteria as derined in
the applicable regional supplement to the 1987 wetland delineation manual. The water bodies on the site include Servis Creek
and an Unnamed Tributary to the Haw River, both Relatively Permanent Waters) as well as a wetland adiacent to the Haw
River. This determination is based on a field verification by David E. Bailey (USACE) on 11/18/2014.
Remarks:
The wetlands and other Waters of the US on the property were flagged by ECS Carolinas with changes made in the field by
David E. Bailey (USACE).
z ly BAILEY.DAVID.E.1379283736
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Corps Regulatory Official: Me: 2016.01.2012:00:18-05'00'
David E. Bailey
Date of JD: 2/2/2015 Expiration Date of JD: 2/2/2020
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://corpsmapu.usace.army.mil/cm apex/f9p=136.4.0.
Action ID Number: SAW -2014-00852 County: Alamance
Permittee: City of Burlington (attn: Frank Hope)
Project Name: Haw River Interceptor/ City of Burlington / Burlington, Alamance County / sewer
line replacement / municipal — Phase 2B and 2C
Date Verification Issued: 1/20/2016
Project Manager: David E. Bailey
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: David E. Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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