HomeMy WebLinkAbout20160218 Ver 1_USACE Permit_20160315U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action id. SAW-2016-00501 County: Bladen U.S.G.S. Quad: NC-ELiZABETHTOWN NORTH
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee
Address:
Telephone Nu�nber:
Size (acres)
Nearest WaYerway
USGS HUC
North Carolina DOT, Division 6
Mr. Greg Burns, P.E.
P.O. Box 1150
Favetteville, NC 28302
910-486-1493
0.9 acre
Cape Fear River
03030005
Nearest Town Elizabethtown
River Basin Lower Cape Fear
Coordinates Latitude:34.642
Longitude: -78.5949
Location description: The proiect site is located in wetlands adiacent to U.S. Ai�hwav 701 North, approximatelv 350 feet south
of the NC Highwav 53 intersection, in Elizabethtown, Bladen Countv, North Carolina.
Descnption of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with an NC
DOT road proiect. Specificallv, permanent impacts authorized tota10.06 acre wetland fll to provide slope stabilization of
existing roadway and 0.03 acre mechanized land clearing in wetlands.
Applicable Law:
Authorization:
� Section 404 (Clean Watcr Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Regional General Permit Numbcr or Narionwide Permit Numbcr: NWP 18
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 March 4, 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 verificarion will re�nain 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 wliich 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 40] requirements.
For activities occurring witl�in 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 Ciry, 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, or the Corps of Engineers regulatory
program, please contact Sarah Hair at 910-251-4049 or Sarah.E.Hair(a�usace.army.mil.
HAIR.SARAH.E °a��:�A�A�EA�054693512
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Corps Regulatory Official: o � n��tia�s� �°�_„a;usaqa„Fp,�s,fiq,s„ Date: March 15, 2016
L 2016.03.1513:55:46�04'00'
Expiration Date of Verification: March 18, 20� 1�
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 subjecY to the permit rcquiremcnts of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in Yhe law or our
published regulations, this determination inay be rElied upon for a period not to exceed five years from th� dat� of this
norification.
C. ❑ There are watcrs of the US and/or wetlands within the abovc described projecY arEa subjcct to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a changc in thc law or our published regulations,
this determination may be relied upon for a period not to exceed five ycars from the date of this norificarion.
D. ❑ The jurisdictional areas within the above dEscribed project area have bcen identified undcr a prEvious action. Please reference
jurisdictional determination issued . Action ID: SAW- .
Basis For Determination:
Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Pood Security
Act of 1985. If you or your tcnant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland detcrmination from thc local office of the Natural Resources Conservation Service, prior to starting work.
F. AppealS Inf01'matlOn (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdicrional determination for Yhe abovc described site. If you object to this
determination, you may request an administrative appeal under Corps regularions at 33 CFR Part 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:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Geargia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, thE Corps must dctermine that it is complete, that it meets the criteria for appeal
undcr 33 CFR part 331.5, and that it has been received by the Division 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 N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determinarion in this correspondence.**
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Corps Regulatory Official: 1 0546935 1 2 �u U�A�� �p�R�ARpHCA10546935�>
Date: ]O1fi.03.15 13:Sfi:Ol -04'00'
Sarah Hair
Date of JD: March 15, 2016
Expiration Date of JD: N/A
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://regulatory.usacesurve. .�.
E-copy furnished:
Mr. Jim Rerko, NC DOT Division 6 DEO
Mr. Mason Herndon, NC DWR
SA W-2016-00501
SPECIAL CONDITIONS
1) In order to compensate for i�npacts associated with this permit, mitigation shall be provided in accordance with
thE provisions outlincd on the most recent version of thE attached Compensatory Mitigation Responsibility Transfer Form. The
rcquirements of this form, including any special conditions listed on this form, are hereby incorporated as spEcial conditions of this
permit authorization.
Action ID Number: SAW-2016-00501 County: Bladen
Permittee: NC DOT/Division 6/ Mr. Gre� Burns
Project Name: NC DOT/ US 701 Bladen/Slope stabilization/Division 6
Date Verification Issued: March 15, 2016
Project Manager: Sarah Hair
Upon completion of the activity authorized by this permit and any mitigallon required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Sarah Hair
69 Darlington Avenue
Wilmington, North Carolina 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
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant NC DOT Division 6, Mr. Greg Burns File Number: SAW-2016-00501 Date: March 15, 2016
Attached is:
INITIAL PROPFERED PERMIT
PROFFERED PERMIT (Standarc
PERMIT DENIAL
Pernut or Letter of
Permit or Letter of oermissi
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
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SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.l�sace.ai�my.mil/Missions/CivilWorlcs/Revulator.���r�mandPermits.as�x
ar the Coms re�ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Pennit or acceptance of the LOP means that you accept the permit in its entirery, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirery, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by coinpleting Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section ll of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
inust be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision ar your objections to an initial
proffered per�nit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any suppleinental inforination that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
lf you have questions regarding this decision and/or the lf you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer
Sarah Hair CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403 60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5 ] 37
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137