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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