HomeMy WebLinkAbout20170660 Ver 1_USACE Permit_20170724Strickland, Bev
From: Smith, Ronnie D CIV USARMY CESAW (US) <Ronnie.D.Smith@usace.army.mil>
Sent: Monday, July 24, 2017 12:28 PM
To: Graven, Michael; Chuffo, Marla; Burdette, Jennifer a; Mairs, Robb L
Subject: Samuel Corbett, 1909647
Attachments: NWP.pdf, project drawing.pdf
Attached is a NWP 48 verification and general and regional conditions for Samuel Corbett's proposed project in Topsail
Sound, Pender County, North Carolina. A hard copy of this NWP will be mailed to Mr. Samuel Corbett. Please contact
me if you have any questions or if you need a hard copy of the NWP verification.
Ronnie Smith
Project Manager
US Army Corps of Engineers
Wilmington Regulatory Division Office
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Phone: (910) 251-4829
Fax: (910) 251-4025
Email: ronnie.d.smith@usace.army.mil
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-01143 County: Pender U.S.G.S. Quad: Hampstead
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mr. Samuel Corbett
Address: 691 Washington Acres Road
Hampstead, NC 28443
Telephone Number:
Size (acres) 1.14 Nearest Town Topsail Beach
Nearest Waterway Topsail Sound River Basin White Oak
USGS HUC 03020302 Coordinates Latitude: 34.35943
Longitude: -77.65389
Location description: The project is located in Topsail Sound, west of Topsail Beach, in Pender County, North Carolina.
Description of projects area and activity: BL 1909647. Development of a 1.14 acre shellfish aquaculture bottom lease.
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: NWP 48
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 April 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 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 (LAMA),
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 Ronnie Smith at (910) 251-4829 or Ronnie.D.Smith(&usace.army.mil.
SMITH.RONNIE.DALE.1281725,,°�w ",",;,°,„,"„`,_
Corps Regulatory Official: 242 °""°"°°'°""'° w
Expiration Date of Verification: March 18, 2022
Date: July 24, 2017
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. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
Basis For Determination: N/A. An approved JD has not been completed.
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 10M15
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
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by SMITH.RONNIE.DALE.1281725242
SMITHAONNIE.DALE.1281725242 Dn-SMRH RONNIE.DALE. 281725242 —DoD,ou=PK,ou=USA,
Corps Regulatory Official: Date: 2017.07.2412: 18:17-04'00'
Ronnie Smith
Date of JD: June 24, 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://cop2smgpu.usace.army.mil/cm apex/Vp=136:4:0.
Copy furnished:
Ms. Marla Chuffo
North Carolina Division of Marine Fisheries
Post Office Box 769
3441 Arendell Street
Morehead City, North Carolina 28557
Mr. Michael Graven
North Carolina Division of Marine Fisheries
Post Office Box 769
3441 Arendell Street
Morehead City, North Carolina 28557
Ms. Jennifer Burdette
North Carolina Department of Environmental Quality
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mr. Robb Mairs
North Carolina Department of Environmental Quality
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Action ID Number: SAW -2017-01143 County: Pender
Permittee: Samuel Corbett
Project Name: Samuel Corbett, shellfish aquaculture lease, Topsail Sound, BL 1909647
Date Verification Issued: July 24, 2017
Project Manager: Ronnie Smith
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: Ronnie Smith
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
SAW -2017-01143
Special Conditions
1. This project involves the placement of oyster cultch along the bottom of the waterbody. Oyster
cultch shall not be placed within 5 feet of vegetated marsh/wetlands.
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