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HomeMy WebLinkAbout20061052 Ver 2_USACE Permit_20080929Action ID. SAW-2006-00280 U.S. ARMY CORPS OF ENGINEERS 0 (b -1052 v WILMINGTON DISTRICT County: Harnett USGS Quad: Lillington GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Springhill Associates, LLC RAddress: 1207 Roseneath Road Richmond, VA 23230 S E P 2 9 2008 DENR. WATER QUALITY Telephone No.: 804-358-5768 WET?ANOS AND STORtAWATfRBRANCN Size and location of property (water body, road name/number, town, etc.): The property is adjacent to an unnamed tributary of Indian Branch and is located off of N.C. Highway 27 at the terminus of Samuel McKov Road, west of Lillington, Harnett County, North Carolina. Description of projects area and activity: This permit authorizes the temporary discharge of fill material into 59 linear feet of stream and 0.135 acres of wetlands and the permanent discharge of fill material into 28 linear feet of stream and 0.37 acres of wetlands for the installation of utility lines and the construction of roads and houses. This work is associated with the development of Springhill 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: 29 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 (LAMA), 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. Corps Regulatory Official Ronnie Smith Date: September 25, 2008 Expiration Date of Verification: September 25, 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 hM://www.saw.usace.LM.mil/WETLANDS/index.html to complete the survey online. Page 1 of 2 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 2006-00280 issued on February 7, 2006. Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and is adiacent to an unnamed tributary of Indian Branch, a tributary of the Cane Fear River, which is a navizable water of the U.S. 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 November 24, 2008. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date: September 25, 2008 Expiration Date September 25, 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. Shawn Guyer Spaulding and Norris, PA 972 Trinity Road Raleigh, NC 27607 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 Page 2 of 2