HomeMy WebLinkAbout20170494 Ver 1_brige 198 Columbus NWP verification-signed_20170530U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00801 County: Columbus U.S.G.S. Quad: NGCHADBOURN NE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NC DOT Division 6
Mr. Jim Rerko, DEO
Address: P.O. Box 1150
Fayetteville, NC 28302
Size (acres) N/A
Nearest Waterway Western Pron�
USGS HUC 03040206
Nearest Town EverEreen
River Basin Lower Pee Dee
Coordinates Latitude:34.421802668385
Longitude: -78.7654653868357
Location description: The proiect site is located at existing bridge number 198 on SR 1824 (Bill Hooks Road), over Western
Prong Creek, east of Evergreen, in Columbus Countv, North Carolina.
Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with an NC
DOT brid�e replacement proiect. Permanent impacts tota10.03 acre wetland filled as a result of roadwav fill associated with
the new bridse. Additional permanent impacts associated with mechanized land clearing tota10.07 acre wetland and 441inear
feet of open water for bank stabilization. Temporary fill imAacts tota10.6 acres wetland.
Applicable Law:
Authorization:
� Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Regional General Permit Number or Nationwide Permit Number: NWP 3/13
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 Anril 25, 2017. 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 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 Wilmington, NC, at (910) 796-7215.
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 Sarah.E.Hair(a�usace.army.mil.
Corps Regulatory Official: ���� Date: Mav 30, 2017
Expiration Date of Verification: M ch 18, 2022
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, including wetlands, 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 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: The project site contains waters which exhibit an OHWM and wetland criteria as
described by the 1987 Corps of Engineers Wetland Delineation Manual and appropriate Regional Supplement.
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 InfoPmation (This information applies only to approved jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction 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 N/A.
**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: � ���
Sa h Hair
Date of JD: May 26, 2017
Expiration Date of JD: N/A
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, located online at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0.
Electronic copy furnished:
Ms. Joanne Steenhuis, NC DWR
SAW-2016-00801
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.
Action ID Number: SAW-2016-00801 County: Columbus
Permittee: NC DOT, Mr. Jim Rerko, Division 6 DEO
Project Name: Brid�e No.198/SR 1546/ Division 6
Date Verification Issued: May 30, 2017
Project Manager: Sarah Hair
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: Sarah Hair
69 Darlington Avenue
Wilmington, North Carolina 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 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
NOTITICATION OT ADMINISTRATIVE APP�AL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NC DOT, Mr. Jim Rerko, Division 6 DEO � File Number: SAW-2016-00801 Date: Mav 26, 2017
Attached is:
INITIAL PROFFERED PERMIT (Standard Penllit or Letter of permission
PROFFERED PERMIT (Standard Pen��it or Letter of nennissio��l
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
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SECTION I- The following id�i�tifies your rights and options regarding an adminisn-ative appeal of t}�e above decision.
Additional information may be fiound at i�tt��:/%w����v.usace.��rmy.inil,'Ivlissions%CivilWorlcs/Re�ulator. I��gr��m�ndPermits.
or Coms re�ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If yott received a Standard Pernut, you may sign the permit document and return it to the district engineer for final
autl�orization. If you received a Letter of Pernlission (LOP), yoti may accept the LOP and your work is authorized. Your
signatzire on the Standard Pei�mit or acceptance of the LOP �neans th�t yotii accept the permit in its entirety, and waive all
ribhts to appeal the permit, including its ternls and conditions, and approved jttrisdictioual determinations associated with the
peimit.
OBJECT: If you object to the perniit (Standard or LOP) because of certain tei7ns and conditions therein, yoii may request
tt�at thc pennit be modified accordingly. You must complete Sectiotl II of this fonn and return the fonn to the district
engineer. Your objections must be received by the dish-ict engineei� within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the firture. Upoi� receipt of yoLn- letter, the district engineer will evahiate your
objections and may: (a) modify the pennit to address all of your concems, (b) modify the pei7nit to address some of your
objections, or (c) not modify the permit l�aving determined that tl�e permit sl�ould be issi�ed as previously written. Aft�r
evaluatii�g your objections, the district engineer will send you a proffei�ed pe��nit for your reco��sideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Pcrn1iY, you may sign the permit doculnent and reiurn it to the district Engineer for final
authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is authorized. Your
signahire on the Standard Penilit or acceptance of the LOP means that you accept tl�e permit in its eutirety, and waive all
rights to �ppeal the permit, inclucling its terms and conditions, and approved jurisdictional determinat�ions associated with the
��11111i.
• APPEAL: If you choose to decline the proffered pei7nit (Standard or LOP) because of certain tei7i�s and conditions therein,
you may appeal the declined pennit �uider the Corps of Engu�eers Adininish-ative Appeal Process by cornpleting Section II of
this fortn and sending the form to the divisioil engineer. This forin must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal tl�e denial of a permit under the Corps of Engineers Admiilistrative Appeal Process by
completing Section lI of this fornl �nd sending the forin to the division engineer. This form mti�st be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISD1CT10NAL DETERMINATION: You may accept or appeal tl�e approved JD or provide uew
infoi7nation.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failare to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD ii� its entirery, and waive all rights to appeal the approved JD.
• APPEAL: If yo�i disagree with the approved JD, you inay appeal the approved JD under the Coips of EnginEers
Administrative Appeal Process by completing Section II of this form arld seuding the forn� to the district en�ineer. This form
must be received by the division en;ineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Coips regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (whicl� may be appealed),
by contacting tlle Corps district for further instn�ction. Also you nlay provide new inforination for fiirther consideration by the
Coips to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN IN[TIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealin� the decision or your objections to an initial
proffered permit in clear concise statements. You m�y att�ch additional information to this form to clarify wher� yo�lr reasons or
objections are addressed in the administrative reco�-d.)
ADD[TIONAL INFORMATION: The appeal is lii�ited to a review of t}�e administrative record, the Co�ps ���emora��dum for the
record of the appeal conference or meeting, ai7d any suppleinental infonnation that the review officer has detei7iiined is needed to
clai�ify the administrative record. Neither the appellant nor the Corps may add new infarmation or analyses to the record.
However, you may provide additional infonnation to clarify the location of inforn�ation that is already in the �dministrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision ane�/or the If you only have questions regarding tl�e appeal pt-ocess you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer
Sarah Hair CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403 60 Forsyth Street, Room lOMlS
Atlanta, Georgia 30303-8801
Phone: (4Q4) 562-5137
RIGHT OF ENTRY: Yolir signat��re bclow grants the right of enhy to Coips of Engincers personnel, and any governinent
consultants, to conduct investigations of the project sitc; d�uin� the course of the appeal process. You will be provided a 15 day
uotice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone nuinber:
Signature of appellant or agent.
For appec�ls on Ii2itrrcl Prof'fered Perinits se�zd this f'o��rn to:
District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered PeN»Tits and Approved Ju►^isdictio�zal DeterTninations send this foi�m to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room l OM 15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137