20160289 Ver 1_USACE Permit_20160407

Strickland, Bev
From:Hair, Sarah E SAW <[e-mail]>
Sent:Thursday, April 07, 2016 3:48 PM
To:Coats, Heather
Cc:Dail, Jason; Steenhuis, Joanne
Subject:NWP 3 Tomlinson 304 Gull Road
Attachments:NWP 3 Tomlinson 304 Gull Rdcopy.pdf
Attached is the NWP 3 verification letter for the Tomlinson Bulkhead replacement project at 304 Gull Road in
Hampstead, NC. Please let me know if you have any questions.

Thanks!

Liz Hair
Project Manager
USACE-Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
910-251-4049
[e-mail]

1

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00611 County: Pender U.S.G.S. Quad: NC-HAMPSTEAD
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mr. Tom Thomlinson
Address:304 Gull Road
Hampstead, NC, 28443
Telephone Number:910-270-4776
Size (acres) ~0.73 acre Nearest Town Hampstead
Nearest Waterway Onslow Bay River Basin New River
USGS HUC 03020302 Coordinates Latitude: 34.3693106643031
Longitude:-77.6683285890949
Location description: The project site is located on an approximate 0.73 acre parcel, at 304 Gull Road, along Old Topsail
Creek, in Hampstead, Pender County, North Carolina.
Description of projects area and activity:This verification authorizes impacts to waters of the U.S. in association with a bulkhead
replacement/ maintenance project. Specifically, permanent fill impacts authorized total 60 square feet of coastal wetlands for
the installation of a new 223-linear foot bulkhead located approximately 1-foot water ward of the existing failing structure.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3
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 25, 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 [phone]) 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 [phone].
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 [e-mail].
Corps Regulatory Official: ___________________________ Date: April 7, 2016
Expiration Date of Verification:March 18, 2017
HAIR.SARAH.EA.
1054693512
Digitally signed by HAIR.SARAH.EA.1054693512
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=HAIR.SARAH.EA.1054693512
Date: 2016.04.07 15:18:31 -04'00'
SAW-2016-00611
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 . Action ID:SAW-.
Basis For Determination:Waters onsite exhibit wetland criteria as outlined in the 1987 Corps of Engineers
Wetland Delineation Manual and appropriate Regional Supplement. Waters onsite are subject to the ebb and flow of the tide.
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 Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations 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 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 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 June 6, 2016.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ______________________________________________________
Sarah Hair
Date of JD:April 7, 2016
Expiration Date of JD:April 7, 2021
HAIR.SARAH.EA.
1054693512
Digitally signed by HAIR.SARAH.EA.1054693512
DN: c=US, o=U.S. Government, ou=DoD,
ou=PKI, ou=USA,
cn=HAIR.SARAH.EA.1054693512
Date: 2016.04.07 15:18:45 -04'00'
SAW-2016-00611
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.usacesurvey.com/.
Copy furnished:
SOUTHEASTERN COASTAL CONSTRUCTION
Mr. Stephen Conway
6252 Towles Rd
Wilmington, NC, 28409
Electronic copy furnished:
Ms. Heather Coats, NC DCM
Ms. Joanne Steenhuis, NC DWR
Mr. Jason Dail, NC DCM