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HomeMy WebLinkAbout20071313 Ver 1_Other Agency Comments_20081105U.S. ARMY CORPS OF ENGINEERS 0 7 " 1 3 13 WILMINGTON DISTRICT Action ID. SAW-2007-02797 County: Harnett USGS Quad: Manchester GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Mr. Rodney Tart, Director Harnett County Public Utilities Address: P.O. Bog 1119 Ljllinpaton, NC 27546 Agent: Mr. Jim Bivins Marziano & McGougan, P.A. 147-A Dublin Square Road Asheboro, NC 27203 Telephone No.: 910-893-7575 336-629-3931 Size and location of property (water body, road name/number, town, etc.): The project area is approximately 3 miles in length and is located along Lake Holton/Lake McKay, the Little River, SR# 1124, N.C. Highway 210 and Shady Grove Road, north of Spring Lake, Harnett County, North Carolina. Description of projects area and activity: South Central Harnett County 24" Interceptor, Pump Station and Waste Water Treatment Plant. This permit authorizes the temporary discharge of fill material into 0.2395 acres of wetlands and 280 linear feet of stream channel for the installation of a utility line This permit also authorizes the permanent discharge of fill material into 0.174 acres of wetland for the construction of a pump station and 20 feet/0.0046 acres of the Little River for the placement of rip-rap at the base of the outfall pipe D c7 (?;? D5 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)` ' !.. ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 14 t' V Nationwide Permit Number: 12 (After the fact) PLEASE SEE ATTACHED GENERAL, REGIONAL AND SPECIAL CONDITIONS WETLANDS AND S)'ORKi' ATER f " H 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/pemlits. 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: November 3, 2008 -(:: ' Expiration Date of Verification: November 3, 2010 Page 1 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 complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to complete the survey online. 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 # Basis of Jurisdictional Determination: This site exhibits wetlands criteria as described in the 1987 Corps Wetland Delineation Manual and the wetlands are adiacent to Lake Holton/Lake McKay and the Little River, which is a traditional navigable water of the U.S. The water bodies exhibit ordinary high water marks as indicated by the presence of bed and banks, sediment sorting and deposition and the absence of vegetation in the stream channel. This determination is based on information provided by Goldstein and Associates and a site visit conducted by Ronnie Smith of the U.S. Army Corps of Engineers on August 28, 2007. 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 January 2, 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: November 3, 2008 Expiration Date November 3, 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. Copy Furnished: Mr. Ken Averitte 11Qwnlan McMillan Mr. Gerald Pottern NCDENR-DWQ NCDENR-DWQ Goldstein & Associates 225 Green Street 1650 Mail Service Center 1221 Corporation Pkwy, Suite 100 Fayetteville, NC 28301 Raleigh, NC 27699 Raleigh, NC 27610 Page 2 of 2