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HomeMy WebLinkAbout20170723 Ver 1_Electronic 404 Signed NW14 Permit Access Road to Sub-Station_20170607U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01082 County: Dare U.S.G.S. Quad: NC-OREGON INLET GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Cape Hatteras Electric Cooperative (CHEC) George Price Address: 47109 Li�ht Plant Road Buxton, NC, 27920 Telephone Number: 252-995-5616 x 236 Size (acres) 15 Nearest Town Na�s Head Nearest Waterway Atlantic Ocean River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude: 35.7994118982846 Longitude: -75.5466865573325 Location description: Project is located on the north end of the Oregon Inlet Fishing Center between the parking lot and the Cape Hatteras Electric Cooperative Sub-Station. Description of projects area and activity: Construct a permanent access road from the parking lot of the Oregon Inlet Fishing Center to Cape Hatteras Electric Cooperative Sub-Station impacting 6, 534 square feet (0.15 acres) of wetlands. Road is approximatelv 10' wide and 2501ons and then widens to 30' wide bv approximatelv 140 feet lon� around the substation perimeter on two sides. Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NW # 14 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 Mav 5, 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 unril 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 Elizabeth City, NC, at (252) 264-3901. 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 William Biddlecome at (910) 251-4558 or William.J.Biddlecome(a�usace.armv.mil. BIDDLECOME.WILLIA a�oo��oM we��aM��w.,��a��es� Corps Regulatory Official:MJJR.1228726504 _°° �-U��-USGOVef�m�����-�����-P�� Date: Mav 22, 2017 =USA, cn=81DDLECOMEWILLIAM.1Jfl.1138J]6504 Expiration Date of Verification: March 18, 2022 SAW-2017-01082 Determination of Jurisdiction: A. � There are 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 wetlands within the above described project area that are subject to the pernut 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 deternunation issued May 4, 2012. Action ID: SAW-00715. Basis For Determination: 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 InfOrmation (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 rr/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.** BIDDLECOME.WILLIAM.�. DNicaIlUS,Io�-USbGovDDLmeoLouWDolD,00 PK6ou=U5A,4 Corps Regulatory Official: � , Date:2017.05.2216:0225-04'00' SAW-2017-01082 William Biddlecome Date of JD: May 4, 2012 Expiration Date of 7D: May 4, 2017 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. Copy furnished: Agent: Booth and Associates, LLC Liz Ward Address: 5811 Glenwood Avenue Raleigh, NC, 27612 Telephone Number: