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HomeMy WebLinkAbout20161083 Ver 1_2016-02228 NW 14_20161212U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02228 County: Guilford U.S.G.S. Quad: NC-HIMESVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Perrnittee: NCDOT Attn: Jerrv Parker Address: P.O. Box 14996 Greensboro, NC 27415 Size (acres) 0_5 Nearest Town Kimesville Nearest Waterway UT to South Prong Stinking Quarter Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 35.953518 N, -79.554925 W Location description: The site is located alon� SR 3121 (Ferguson Road) over an Unnamed Tributary (UT) to South PronE Stinkin� Quarter Creek at NCDOT Bridge 254 in Guilford County, North Carolina. Description of projects area and activity: This authorization is for the discharge of clean fill material associated with replacinE an existinE brid�e with two 10 x 7 foot reinforced concrete box culverts with 1-foot and 2-foot sills. Imuacts include permanent impacts to 561inear feet (0.01 acre) of stream channel for culvert installation and 51 linear feet (0.01 acre) of stream channel for bank stabilization, and temporary impacts to 3 linear feet (0.01 acre) of stream channel for construction access and dewatering. 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 14 Linear Transportation Proiects. 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 and received via email 11/3/2016, and additional information received via e-mai112/7/2016. 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 autharization 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 Qualiry Certification. You should contact the NC Division of Water Resources (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, or the Corps of Engineers regulatory program, please contact David Bailey at 919-554-4884 ext. 30 or David.E.Bailey2na,usace.army.mil. Digitally signed by BAILEY.OAVIDEI3]9383]36 � DN:c=US,o=US.Govemmen[ou=Do�, q* � p ou=PKl, ou=1150. COTpS RVgUlULOIy O�1ICIUL <n=BNILEY.DAVIQE.13]9183Afi Date: 12/12/2016 Dare: 2016.12.1214:04:50 -OS'00' Expiration Date of Verification: 03/18/2017 Copy furnished: Dave Wanucha, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 SAW-2016-02228 Special Conditions: 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2. This USACE permit does not authorize you to take a threatened or endangered species, in particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., a Biological Opinion (BO) under the ESA, Section 7, with "incidental take" provisions with which you must comply). The U.S. Fish and Wildlife Service's (USFWS's) Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion for North Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina (Divisions 1-8)," dated March 25, 2015, and adopted on May 4, 2015, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the BO. Your authorization under this USACE permit is conditioned upon your compliance with all the mandatory terms and conditions (incorporated by reference into this permit) associated with incidental take of the BO. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and would also constitute non-compliance with your USACE permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO and with the ESA. Digitally signed by BAILEY.DAVI D.E.1379283736 �/ � DN: r—U5, o=U.S. Government, � ✓�� ou=DoD, ou=PKl, ou=USA, 7 /I'r "� CO�S RP.gUlatOIy OffIC1aL �n=BAILEY.DAVID.E.1379283736 Date: 12/12/2016 Date:2016.12.12 13:59:48-OS'00' Expiration Date of Verification: 03/18/2017 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatorv Miti�ation Responsibilitv Transfer Form Permittee: NCDOT Action ID: SAW-2016-02228 Project Name: NCDOT / Bridge 254 / SR 3121 / Ferguson Road / Guilford County / Division 7 County: Guilford Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Imaacts (linear Warm Cool 56 Wetland Im Cold I Rioarian Riverine I Rioarian Non-Riverine I Non-Riparian I Coastal *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. ipensatory Mitigation Requirements: Stream Mitigation (credits) Warm Cool Cold 112 8-dieit HUC and Basin: Wetland Cape Fear River Basin n (credits Riparian Riverine � Riparian Non-Riverine � Non-Riparian � Coastal Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2J the USACE Project Manager at the address below, and 3J the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.milJ. Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David Bailey USACE Field Office: Raleigh Regulatory Field Office Email: US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 David.E.Bailev2@usace.armv.mil _ Digitally signed by BAILEY.DAVID.E.1379283736 � / DN: c=US, o=U.S. Government, ou=DoD, ou=PKl, V ou=USA, rn=BAILEY.DAVID.E.1379283736 Date: 2016.12.12 14:00:10 -OS'00' USACE Project Manager Signature December 12, 2016 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.armv.mil. Page 2 of 2 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 the Customer Satisfaction Survey located at our website at http://re�ulatory.usacesurvey.com/ to complete the survey online. Determination of Jurisdiction: A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 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 (RHA) (33 USC § 403) and 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. C. � There are waters within the above described project area that are 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 ar 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: The site exhibits waterbodies with ordinarv high water. The waters on site includes UT to South Prong Stinking Quarter Creek, a Relatively Permanent Water (RPV� that flows via South Prong Stinkin� Quarter Creek (RP� and Stinking Quarter Creek (RPV� to Bid Alamance Creek, an RPW that becomes a Traditionally Navi�able Water. This determination is based on an office verification bv David E. Bailey (USACE) on 12/12/2016. Remarks: The waters subiect to this determination are onlv those authorized to be impacted bv the attached Nationwide Permit verification. 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 wark. 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 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 2/10/2017. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** .-� �f�' V Digitally signed by BAILEY.DAVID.E.1379283736 i':/ ` � DN: r-U5, o=U.S. Government, ou=DoD, ou=PKl, ou=USA, cn=6AILEY.DAVID.E.1379283736 Corps Regulatory Official: oate:zo,e.,z.,z,a:oo:za-osoo� David E. Bailey Date of JD: 12/12/2016 Expiration Date of JD: 12/12/2021 NOTIFiCATION OF ADIVIINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL NCDOT File Number: SAW-2016-02228 Date: 12/12/2016 Attached is: ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permissi n PROFFERED PERMIT (Standard Pei�nit or Letter of permissionl PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURiSDICTIONAL DETERMINATION See Section below /� C 0 0 0 SECTION I- ThE following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be fo�nld at or http://www.usace.ai7l�y.�nil/Missions/CivilW�orl<s/Re�ulator_��gran�andPei7nits.aspx or the Coms re�ularions 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 pennit docLiment and return it to the district engineer for final authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your worlc is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, inchiding its tern�s and conditions, and approved jurisdictioi�al deten�inations associated with the permit. OBJECT: If you object to the pennit (Standard or LOP) becatise of certain terms and conditions therein, yoLi may request that the permit be modified accordingly. You mtiist coinplete Section II of this fonn and rettilrn 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 yoll will forfeit your right to appeal the permit in the firture. Upon receipt of your letter, the district engineer will evaluate yo«r objections and may: (a) modify the pennit to address all of your concerns, (b) inodify the per��it to address some of your objections, ar(c) not modify the permit having detei7nined that the permit should be issued as previously written. After evaluating your objections, the district engineer wil] 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), yotii may accept the LOP and your work is atitthorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pern�it in its enrirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional detenninations 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 completing Section II of this form and sending the form to the division engineer. This form imist 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 pennit under the Corps of Engineers Admiuistrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This forn� must be received by the division engineer within 60 days of the date of tlzis notice. D: APPROVED JURISDICTIONAL DETERMINATION: You inay accept or appeal the approved JD or provide new infonr�ation. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Coips 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, yotil may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the fonn to the district engineer. This form must be received by t17e 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 - RE UEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit 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 supplemental information 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 recard. 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 1NFORMATION: If you have questions regarding this decision and/or the If 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 attn: David Bailey CESAD-PDO Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 1OM15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 an site investi ation, and will have the o oriuni to artici ate in all site investi ations. Date: Telephone number: Si nature of a ellant ar a ent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, attn: David Bailey, 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 Action ID Number: SAW-2016-02228 County: Guilford Permittee: NCDOT (attn: Jerry Parker) Project Name: NCDOT / Bridge 254 / SR 3121 / Ferguson Road / Guilford County / Division 7 Date Verification Issued: 12/12/2016 Project Manager: David E. Bailev 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