HomeMy WebLinkAbout20160065 Ver 1_USACE Permit_20160201Elect�on ically T�ansm itted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2009-01814 County: Brunswick U.S.G.S. Quad: NC-SHALLOTTE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: NCDOT — PDEA Manager
Attn.: Mr. Richard Hancock, P.E.
Address: 1598 Mail Service Center
Raleigh, NC 27699
Agent: NCDOT-NES
attn.: Mr. John Merritt
1598 Mail Service Center
Ralei�h, NC 27699
Size (acres) 0.57 Nearest Town Shallotte
Nearest Waterway Mulberrp Branch River Basin Coastal Carolina
USGS HUC 03040208 Coardinates Latitude: 33.977229609865
Longitude: -78.3992445812958
Location description: The proiect is located along SR 1349 Bridgers Road) where it crosses Mulberrv Swamp iust NW of
Shallotte in Brunswick Countv.
Description of projects area and activity: The proiect 8-4440, Br# 163) involves the replacement of an existin� 2 span 41' long
bridge with a new 2 span 85' long bridge on the same alignment. The project will utilize an off-site detour but will result in
impacts to wetlands and streams; 0.05 of an acre of wetland fll, <0.01 of an acre of wetland excavation, 0.03 of an acre of
mechanized land clearing in wetlands, 71 linear feet of stream bank stabilization, 0.08 of an acre of hand clearing in wetlands,
and the placement of a power pole in wetland.
Applicable Law:
Authorization:
� Secrion 404 (Clean Water Act, 33 USC 1344)
❑ Secrion 10 (Rivers and Harbors Act, 33 USC 403)
Regional General Permit Number or Nationwide Permit Number: NW 13 & 23
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIOIVS
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 permit drawings 1-8 of 8 dated (9/9,10,17/2015)
and Utilitv drawings 1-4 of 4(9/17, 18, 22/2015). 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 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 require�nents 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 condirions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to cominence in reliance upon the i�ationwide 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 s�tbject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certificarion. You
shonld 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 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/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, ar the Corps of Engineers regulatory
program, please contact Brad Shaver at 910-251-46ll or Brad.E.Shaver(a�usace.army.mil.
^ Oigitally signed by SHAVER.BRA�.E.12�6601)56
Corps Regulatory Offieial: ?� •`�� �N �-�s,o-�.5.�o�e,�me��,o�_-000,o�-PK�,
Datc2016�201A1�]983605'p0,6601I56 Ta�P. �/�/A016
U V �
Expiration Date of Verification: 3/18/2017
Determination of Jurisdiction:
A. ❑ Based on preliminary infonr�ation, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable acrion 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 5/11/2011. Action ID: SAW-2009-01814.
Basis Fot' Detet'minatlon: The subject area exhibits characteristics of wetlands as described in the 1987 Corps
Delineation Manual and is abutting a perennial channel known as Mulberry Swamp that ultimately empties into the Shallotte
River, a navigable water of the US.
Remarks: See special conditions.
The Wilmington District is coinmitted 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://re ug latory.usacesurve. .�.
Copy furnished(e-copy):
NCDEQ-DWR attn.: Mr. Mason Herndon
NCDOT-Division 3 attn: Mr. StonewaIl Mathis
NCDOT-NES attn.: Mr. Chris Rivenbark
SAW-2009-01814
SPECIAL CONDITIONS
NCDOT — B 4440 Bridge over Mulberry Swamp
COMPLIANCE WITH PLANS
l. All work must be performed in strict compliance with the plans attached to the application dated 1/14/2016
and updated plans referenced above, which are authorized by this permit. Any modification to the authorized
permit plans must be approved by the USACE prior to implementation.
COMPLIANCE WITH SPECIAL CONDITIONS
2. Failure to institute and carry out the details of the following special conditions, below, will result in a
directive to cease all ongoing and permitted work within waters and/or wetlands associated with the permitted
project, or such other remedies and/or fines as the District Engineer or his authorized representatives may seek.
CONSTRUCTION PLANS
3. The permittee will ensure that the construction design plans for this project do not deviate from the
authorized permit plans. Any deviation in the construction design plans will be brought to the attention of the
Corps of Engineers, Wilmington Regulatory Field Office prior to any active construction in waters or wetlands.
CONTRACTOR COMPLIANCE
4. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit, and any
authorized modifications. A copy of this permit including the authorized plans referenced in Special Condition
(1) and authorized modifications, including all conditions, shall be available at the project site during
construction and maintenance of this project.
ACTIVITIES NOT AUTHORIZED
5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill,
or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands, or shall any activities take place that cause the degradation of waters or
wetlands. In addition, except as specified in the plans attached to this permit, no excavation, fill or mechanized
land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within, into, or out of waters or wetlands or to reduce
the reach of waters or wetlands.
This permit does not authorize temporary placement or double handling of excavated or fill material or
construction equipment within waters or wetlands outside the permitted area.
BORROW AND WASTE
6. To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of
adjacent wetlands and streams, except as autharized by this permit, the permittee shall require its contractors
and/or agents to identiiy all areas to be used to borrow material, or to dispose of dredged, fill, or waste material.
The permittee shall provide the USACE with appropriate maps indicating the locations of proposed borrow or
waste sites as soon as the permittee has that information. The permittee will coordinate with the USACE before
approving any borrow or waste sites that are within 400 feet of any streams or wetlands. All jurisdictional
wetland lines on borrow and waste sites shall be veri�ed by the Corps of Engineers and shown on the approved
reclamation plans. The permittee shall ensure that all such areas comply with the preceding condition of this
permit, and shall require and �naintain documentation of the location and characteristics of all borrow and
disposal sites associated with this project. This information will include data regarding soils, vegetation and
hydrology sufficient to clearly demonstrate compliance with the preceding condition. All information will be
available to the USACE upon request. NCDOT shall require its contractors to complete and execute
reclamation plans for each waste and borrow site and provide written documentation that the reclamation plans
have been implemented and all worlc is completed. This documentation will be provided to the Corps of
Engineers within 30 days of the completion of the reclamation work.
7. A borrow source to replace any contaminated soils should be identified before the removal of such soils. The
borrow source should be of the same texture as the soils being removed.
REPORTING OF VIOLATIONS
7. The permittee will report any violation of these conditions or violations of Section 404 of the Clean Water
Act in writing to the Wilmington District, U. S Army Corps of Engineers, within 24 hours of the permittee's
discovery of the violation.
SEDIMENTATION AND EROSION CONTROL MEASURES
8. All fill material must be adequately stabilized at the earliest practicable date to prevent sediment from
entering into adjacent waters or wetlands. The permittee shall remove all sediment and erosion control
measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project
completion.
� ougitally signed by SHAVER.BRAD.E.127fi60775fi
�� DN:t=US,o=US.Government,ou=DoD,ou=PK1,
-USA, rn-SHAVER.BRAD.E.1276601756
Date: 2016.02.01 12:02:19 -OS'00'
Brad Shaver
_2/ 1 /2016_
Date
Action ID Number: SAW-2009-01814 County: Brunswick
Permittee:
Project Name:
NCDOT-PDEA
Mr. Richard Hancock
CDOT/B4440/BR163/SR1349/Div3
Date Verification Issued: 2/1/2016
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. 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