HomeMy WebLinkAbout20170424 Ver 1_signed NW 23 Br 19 B 5236_20170420U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-20ll-00026 County: New Hanover U.S.G.S. Quad: NGCAROLINA BEACH
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT
Attn.: Mr. Jason Dildav
Address: 1598 Mait Service Center
Ralei¢h. NC 29699-1598
Size (aaes) 8_5 Neazest Town Wilmineton
Neazest Watenvay Caue Fear River River Basin Caue Fear
USGS HUC 03030005 Coordinates Latitude: 34.086167998987
Longitude:-77.9212246418964
Location description: The oroiect (B-5236) is located at Bridee number 191ocated alon¢ River Road (SR 11001 where it crosses
Lords Creek, New Hanover Countv.
Description of projects azea and activity: The oroiect involves the reolacement of Brid2e 19 (an existina 91 foot saan) with a
new 120 foot snan on the same alicnment takin¢ advanta¢e of an off-site detour. The proiect will impact 0.18 acres of coastal
wetlands 421inear feet of stream for bank stabilization, and 0.03 acres of ooen water.
Applicable Law:
Authorization;
� Section 404 (Clean Water Act, 33 USC 1344)
� Sections ] 0(Rivers and Hazbors Act, 33 USC 403)
Regional General Permit Number or Nationwide Pemut Number: NW-23
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIDNS
Your work is authorized by the above referenced permit provided it is accomplis6ed in strict accordance wit6 the attached
conditions and your submitted application and attached information, application dated and signed April 7, 2017, and
programmatic categorical exclusioo dated January 12, 2015. Any violation ot t6e attached conditions or deviation from your
submitted plans may subject the permittee to a stop work ordeq a restoration order, a Class I administrative penalty, and/ar
appropriate Iegal 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 narionwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies wi[h all requ'vements of
the modified nationwide permit. if the nationwide pertnit authorization exp'ves 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., aze
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 permiYs 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 requue an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For ac[ivities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginuing work you must contact the N.C. Division of Coastal Management in Elizabeth Ciry, NC, at (252) 264-3901.
This Departrnent 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 aze any questions
progcarn, please contact Br
this verification, any of the condi[ions of the Permit, or the Corps of Engineers regulatory
Corps Regulatory Official: Yjf7,.�( (.(7 �"pl.lj`1 Date: Aori120. 2017
Expiration Date of Verificat�on: March 18, 2022
Determination of Jurisdiction:
A. ❑ There aze waters, including wetlands, on the above described project azea that may be subject to Section 404 of the Clean
Water Aci (CWA) (33 USC § 1344) and/or Section ] 0 of the Rivers and Hazbors Act (RI3A) (33 USC § 403). This preliminary
determination is not an appealable action under the Regutatory Program Adminish�ative 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 fiuther
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 aze 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, including wetlands, within the above described project azea 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 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 jwisdictional areas within the above described project azea have been identified under a previous action. Please reference
jurisdictional determination issued 9/19/201 l. Action ID: SAW-2011-00026.
Basis For Dete1'minatiOn: The subject features appear to have both an ordinary high water mark and
characteristics described in t6e 1987 Corps Delineation Manual and appropriate Regional Supplement. The waterbody and
abutting wetlands further eahibits influence from tides and would be coosidered Sectioe 18 wetms.
Remarks: Special Conditions attached includiog a mitigation transFer form for the wetland loss.
The WiLnington District is committed to providing the highest level of suppoR to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://comsmapu.usace.army.miUcm ane�c/i?p=136:4:0.
Copy furnished(electronic):
NCDOT-Division 3 attn: Mr. Mason Hemdon
NCDEQ-DWR attn.: Ms. Joanne Steenhuis
NCDEQ-DCM atRi.: Mr. Stephen Lane
USACE attn.: Mr. Todd Tugwell
USACE attn.: Ms. Cindy Corbett
SAW-20ll-00026
SPECIAL CONDITIONS
B-5236
Bridge # 19 SR 1100
1. The project must adhere to the United States Fish and Wildlife Service (USFWS) Guidelines for
avoiding impacts to the West Indian Manatee.
2. All of the jurisdictional features that aze not authorized for impact should be demarcated with lugh
visibility fencing to avoid any equipment from entering during construction.
3. The project must adhere to an in water work moratoria during the timeframe of April 1- September
30.
4. 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, aze hereby incorporated as special conditions of this permit
authorization.
� �"�
Brad Shaver
Apri120, 2017
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatorv MitiQation Resnonsibilitv Transfer Form
Permittee: NCDOT
Projec[ Name: Brtdge p 19 over Lords Creek
Action ID: SAW-2011-00026
County: New Hanaver
Instructlons 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 Carps of Engineers (USACE) Projec[ Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impads, 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/ar 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 (ttedits) shown below are available at the
Identified site. ey 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 Projed Manager, and
the Wilmington Distric[ Mitigation Office (see contact informatfon on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mkigation RequiremeMs:
Permkted Impacts Requtring Mkigation'
Stream Impactr (linear feet)
Warm Cool Cold
HUC and Basin: 03030005. Caoe Fear River Basin
wetland Im acts (
Riverine Riparian Non-Riverine
•If more than one mitigation sponsor will be used for the permit, only include impaas to be mitigated by this sponsor.
Warm I Cool
Wetland
Riverine I Rioarian Non-Riverine
River Basin
Coastal
0.36
Mkigation Ske Debked: NC DMS
(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 identifles a specific site, also list the specific site to be debited).
Settlon to be tompleted 6y the MI[!ga[ion Sponsor
Statement of Mitigatfan 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 Adion
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 Distrid Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigatton Sponsor
Name of Sponsor's Authorized
of Sponsors Authorized
Date of
Page 1 of 2 Form Updated 23 November, 2015
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Trensfer 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.
• Construc[ion 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 Sponsar, 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
Interegency Review Team (NCIRT). If approved, higher mitigation retios 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/AddiHonal Conditions:
This form is not valid uniess signed below by the USACE Projed Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsorshould provide coples of this form along wkh an updated bonk ledper to:1) the Permittee, 2) the USACE
Project Monager at the address below, ond 3) the Wilmington Dfst�ict Mltlgotion OfjTte, Atin: Todd Tugwe11,11405 Fal/s
of Neuse Road, Wake Forest, NC27587 (emalL• todd.tugwell�usace.army.milJ. Questfons regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Brad Shaver
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
Email:
69 Darlington Avenue
Wilmington, NC 28403
USACE Project Manager Signature
Aoril 20. 2017
Date of Signature
Current Wilmington Distrid 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
availabie at htto://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 comple[e the
Customer Satisfaction Survey located at our we6site at 6tto://re¢ulatorv.usacesunev.com/ to complete the survey online.
Action ID Number: SAW-2011-00026 County: New Hanover
Permittee: NCDOT
Project Name: NCDOT / B 5236 / BR 19 / SR 1100 / Division 3
Date Verification Issued: April 20, 2017
Project Manager: Brad Shaver
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: Brad Shaver
69 Darlington Ave
Wilmington, NC 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 authorizallon 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 suthorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigarion was completed in
accordance with the permit conditions.
Signature of Permittee Date