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HomeMy WebLinkAbout20080993 Ver 1_USACE Permit_20080903W F 08 -IDqq3 H 0'. r-ne;t� kcvd U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2007-03785 County: Harnett USGS Quad: Dunn GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Mr. Irvin Warren Address: PO Box 1507 Dunn, NC 28335 Telephone No.: 910-892-6456 Size and location of property (water body, road name/number, town, etc.): The property is adjacent to and north of Hanna's Pond and is located at the end of Crepe Myrtle Lane, north of Carolina Drive, north of Dunn, Harnett County, North Carolina Description of projects area and activity: This permit authorizes the discharge of fill material into 50 linear feet of stream and 0.35 acres of adjacent wetlands for the construction of a road. This road is associated with the development of Hanna's Pond residential subdivision. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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 (919) 733-1786) 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. 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 Ronnie Smith at 910-251-4829. C�7� Corps Regulatory Official Ronnie Smith Date: AuLust 28, 2008 Expiration Date of Verification: August 28, 2010 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 attached customer Satisfaction Survey or visit ht!p://www.saw.usace.aLmy.mil/VrETLANDS/index.html to complete the survey online. S r P 2008 Page 1 of 2 DENk • WATER DUALCi's WETLANDS AND STORWAIATER Determination of Jurisdiction: ❑ 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). ❑ 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. ® 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. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued. Action ID Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to an unnamed tributary of the Hanna's Pond/Stony Run a tributary of Mingo Swamp a tributary of the South River, which is a navigable water of the U.S. Anderson Creek, a tributary of the Little River, a tributary of the Cape Fear River, which is a navigable water of the U.S. This unnamed tributary exhibits an ordinary high water mark as indicated by the absence of vegetation in the channel and the presence of bed and banks. This determination is based on information provided by Wetland Solutions and a site visit conducted by Ronnie Smith of the USACE on November 20 2007 Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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: District Engineer, Wilmington Regulatory Division Attn: Ronnie Smith, Project Manager, Wilmington Regulatory Field Office PO Box 1890 Wilmington, North Carolina 28402 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 District 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 October 27, 2007. **It is not necessary to submit an RFA form to the District Corps Regulatory Official: Date: August 28, 2008 if you do not object to the determination in this correspondence.** Expiration Date August 28, 2013 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Mr. Adam Carter Wetland Solutions PO Box 244 Bunnlevel, NC 28323 Page 2 of 2 Mr. Ian McMillan NCDENR-DWQ 1650 Mail Service Center Raleigh, NC 27699 Mr. Ken Averitte NCDENR-DWQ 225 Green Street, Suite 714 Fayetteville, NC 28301 Hanna's Pond Mr. Irvin Warren Harnett County AID# SAW -2007-03785 Special Conditions: 1) In order to compensate for impacts to 0.35 acres of riparian wetlands the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.35 acres of riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030006. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. Corp Regulatory Official Ronnie Smi Date: August 28, 2008 < / `' UI . .�/// / io lo t U O c w V, d L co V• ,L Qi O. "N O N (L o _ a ° C U — E x E0 O O U m V 2 £D i VN �i PI+O I *O'N N c v E< o v o _ m 3 0 w v�o r00 E N ca =u9 E o 0 l I$ O D H U tl ( u<E�� ° 6•- I �Q.�'_c `u` '--3 v v ' p N F i of m I N Ym `a u -- 3 °N m' W W z > —' ' \ r a O e aF w U O l I$ z ( Ln I I W W z > —' U O O O z W 2w_ OW —MM N W�o� o wr U W a �°O O N 0 wQ. v`d a fr W n �-. 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