Loading...
HomeMy WebLinkAbout20161016 Ver 1_copy PJD and MRT Form_20161209TIR '17BP.6.R.63 (Bridge 230175) Columbus Goullty PRELIMINARY:IURISDtGTIONAL DETERMINATION FORM BACKGROUNUINFORMATIa.N A. REPORT GOMPLETION DETERMtNATtON (JD): dATE FOR PRELIMINARY �u��i(� JURISDfCTIONAL B. NqME RND ADDRESS OF PEFtSON REQUE$TING PRELIIVIIIVARY JD: James J. Rerko, PWS NGDdT Box 1105 Fayetteville, NC 28302 C. DISTRIGT OFFICE, FILE NAME, ANp NUMBERs <`�(v- �c=}f �`" �`�3� � D, PROJEC�T LOCATION(S) AND BACKGROUND INFORMATIONc0,88 m�les NW of tNe intersection df SR '1504 and US 76 (USE THE ATTACHED TABLE TO DOGUMENT MULTIPLE WIATERBODIF}S �1T DIFFER�N7 SITES) , 'State;NC County/parish/borough�olumbus Gity; Cerro GQrdo. Genter coordinates of sfte (lat/iong in degree decirrial forniat): Lat. 34:3405° Pick List, Long. -78.8718° Pick List. Universal Transverse Mercator: Name of nearest waterbody: Dunn Swamp Identify (estimate) amount of waters in the review area: Non-wetland watecs: 50 linear feet: ft.width (ft) and/or Cowardin Class: Riverine Streain Flow: Perennial � Wetiancfs: 0.03 acres. Gowardin Class forested Name ofany water bodies on the.site that have been identif,ied as $ecfion 1Q waters: ' Tidal: Non-Tidal: E. R�VIEW PERFORMED FOR SI7E EVALUAT[ON (CHECK ALL THAT APRLY): ❑' Office,(Desk) Determitiafiqn. Date: �-Field Determination. Date(s); ��,�1 �� � 3��%I �> 1. The Gorps of Engineers believes that there may be jurisdietion�l waiers of #he United States on the subject site, and the permit appiiCant or other affected party who requesfed this preliminary Jp is hereby advised of his or h@r option to reque5t and obtain an approVed jurisdictional determinatiop (JQ) for that site. Nevertheles.s, the permit.applicant ar ofher person who requested this prelimiriary JD fias declined to exercise the .aption to obtain an approved JD in this instance anc� at fhis time. 2. In any circumstance where a pe�mit appllcant obtains an individual perm'it, or a Nationwide General Fermit (NWP) or offier general permit verification reguiring "pre-construction notification" (PCN), or requests verlfica�ion fot a non-reporting NVUP or other general permit, and �h� permif applicarik has not requested an approved JD for fhe antivify, the permit applicant is hereby made aware of the folloVvirig: (1j tHe permit applicant has elected to seek a permif authorizaf,ion ba.sed on a preliminary JD, which does not make an o�bial determinatioYi of jurisdietional waters; (2) that the applicanY has the option to request an ;approved JD before accepting the teYms and conditions oF the permit authori?ation, and that tiasing a perinit auth9riza#ion on an approved JD could ppssibly result jn less compensafory mitigation being repuired or different special conditions; (3j that the applican# has fhe right to request an individual permit rather fhan accepfing the ferms and conditions of the. NWP or q#h�r gene[al p.ermit authorization; (4) khat the apqlicant can accept a permit authorization and #herek�y agree to camply with all the terms a�d .conditions of that peitriit, including Whatever miti.gation requirerrtents the Corps has determfned to be necessary, (5) that undertaking any activity in relianae upon the subject permit authotization wifhoutreguesting an approved JR cons#itutes the applicant's aaceptance qf the use of tlie preliminary JD, but that either form of JD will be proeessed as soon as is practicable; (6) accepting a permit authorization �e,g., signing a proffered individual permit) or undertaking any activity in raliance on any form of Gorps permit authorization b�sed on a preliminary JD constitutes agreement that all wetlands and other water tiodies on the site affec#ed in any way by that activity are jurisdictional waters of the United States, and preciudes any challenge to such jurisdic#ion in any administrative orjudicial compliance or eriforcement a�tion, or in any administrative appeal oP in any Federal court; and (7) whether the applicant elects #o use either an appr'oved JD or a prelirpjnary JD, #hat JD wi1! b� processgd a� s9on as is p�acticabl.�. Further, an apProved JD, a profFered individual permit (and all terms and aonditions cantained. therein), or individual permit deniai can be administratively appealecl pursuant to 33 C:F.R. Part 331, and t�tat �n any administPative appeal, jurisdiational issues can be raised (see 33 C.F.R. 331.5(a)(2)). 1f, dueing that admin,istrafive appeal, it becomes necessary to maRe an official determination whether CWA jurisdic#ion exists over a site, o� to provide an official delineation ofjurisdietionaf waters on tfie sife, the Co.rqswill provide an approved JD to accoroplish ttiat result, as soon as is practicable.. This preliminary JD findsfhat there "may be"waters qf the Unfted S#ates on ihe subject. project site, and identifies ail aquatic features on the site that could be affected by the pr9posed actiuity; based on the following info[mationi $UPPORTING DATA. Da#a reviewed for prelim,ina,ry JD (check all tha# apply - chee►ced items sFiould be included in case file and, WHere clieeked and requested, appropriately reference sou.rces below): 2 � Maps, plans, plots or plai submitted by or on behalf of the applicant/consultant: . � Data sheets prepared/submitted by or on behalf of #he applicant/con sultant. ❑ Office concurs wifh data sneets/delineation report. ❑ Office does not concur with data sheets/delineation teport: ❑ Data sheets p�epared by the CorpS: . ❑ Corps navigable waters' study: � U.S. Geological Survey Hydrologie Atlas: . ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. � U.S. Geological Survey map(sj. Cite scale & quad name: Chadbourn; NC. ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(S). Cite name: , ❑ State/Local wetland inventory map(s); . ❑ FEMA/FIRM maps: . -- ❑ 100-year Floodplain Elevation is: {National Geodectic Vertical Datum of 1929) ❑ Photographs: � Aerial (IVame & Date); . or � pther (Name & Date): ❑ PreVious determination(s). File no. and date of response fetter: ❑ Other information (please specify): . � � � t } .�i ll ��s l�/�//� nd date of 8`i�qnature ah date 6f Rroject Manager derson �questing preliminary JD �) �REQU ED, unless obtainirig t e signature is impracticable) 7 ` 17BP.6:R;63 Brid'e230775 Golumbus County. Estimated Site Gowardin amount of Class of Latitude Longitude aguatic aquatic number Class resource in resource review area 1 34.3405 -78.8718 Riverine Q.03 aere Non-sectian 10 -wetland 1 34:3405 -78i8718' Riverine 50LF Non-section 10 non—wetland � U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatorv Miti�ation Responsibilitv Transfer Form Permittee: NC DOT, Mr. Jim Rerko, Division 6, DEO Action ID: SAW-2016-02399 Project Name: Bridge 175/Princess Ann Road/ SR 1504 County: Columbus 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 Ecosystem Enhancement Program (NCEEP), 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 Stream Impacts (linearfeet) Warm Cool Cold 3n Riverine 0.04 Basin: 03030004, Cape Fear River Basin Wetland Impacts (acres) Rioarian Non-Riverine Non-Riparian Coastal *if more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Warm � Cool � Cold HUC and Wetland Mitigation 3n Riverine Riparian Non-Riverine 0.08 Basin Coastal Mitigation Site Debited: NC DMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. if the NCEEP 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 NCEEP), 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 Wiimington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name of Sponsor's Authorized of Sponsor's Authorized Date of Signature Page 1 of 2 Form Updated 12 September, 2014 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, tNe Sponsor should provide copies of this form along with an updated bank ledger to: I) the Permittee, 2) the USACE Pro%ect Manager at tNe address below, and 3J the Wilminqton District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager. Liz Hair USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: sarah.e.ha�ir ausace.arm �.mil igit� a�sign�by � I HAI R,SARAH.EA.105469 `7���fk�w 3512 Datet2016.7 2.09 December 9. 2016 U Sighy;t�Ci'Q1 -OS'00' 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 htto://ribits.usace.armv.mil. Page 2 of 2 The Wilmington District is committed [o providing the highest level of support to [he public. To help us ensure we coniinue to do so, please complete the Customer Satisfaction Survey located at our we6site at htto://re¢ulatorv.usacesurvev.com/ to complete the survey online.