HomeMy WebLinkAbout20160052 Ver 3_Project History_20170918 (2)U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00085 County: Carteret U.S.G.S. Quad: NC-DAVIS
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT, Division 2
Jay Johnson
Address: Post Office Box 1587
Greenville, NC, 27835
Size (acres) 2.0 Nearest Town Davis
Nearest Waterway Core Sound River Basin White Oak River
USGS HUC 03020301 Coordinates Latitude: 34.7983617311584
Longitude: -76.499067859834
Location description: Sites A-E on US 70 near Davis, Carteret County, North Carolina
Description of projects area and activity: Applicant proposes to repair destabilized roadway shoulders abutting waters of the
US at 5 separate sites on US 70. Shoreline stabilization will be completed with rip-rap; keyed in and placed on geo-cloth to
prevent migration. Rip rap placed below the OHWM will be less than 1cu yd per linear foot on all sites. The five sites are
identified as Sites A-E and are separated by adequate distances along the roadway corridor to be identifed with separate
named waterbodies. Impacts authorized by this verification at each site are as follows: Site A: 205 ln ft of streambank and 80
sq ft of coastal wetlands, Site B: 500 ln ft of streambank and 505 sq ft of coastal wetlands, Site C: 115 ln ft of streambank and
10 sq ft of coastal wetlands, Site D: 65 ln ft of streambank and 50 sq ft of coastal wetlands, Site E: 180 ln ft of streambank and
550 sq ft of coastal wetlands.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 13 Bank Stabilization.
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 01/12/2016. 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 Quality (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 Morehead City, NC, at (252) 808-2808.
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 Thomas Steffens at 910-251-4615 or Thomas.A.Steffens@usace.army.mil.
Corps Regulatory Official: ___________________________ Date: 01/14/2016
Expiration Date of Verification: 03/18/2017
Determination of Jurisdiction:
A. 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).
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 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.
C. 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.
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: Each site exhibits a High Tide Line as indicated by physical markings on structures
and are direct tributaries of Core Sound, a traditionally navigable waterway.
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 jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional 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.**
Corps Regulatory Official: ______________________________________________________
Thomas Steffens
Date of JD: 01/14/2016
Expiration Date of JD:
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 online at http://regulatory.usacesurvey.com/.
Action ID Number: SAW-2016-00085 County: Carteret
Permittee: NCDOT, Division 2
Jay Johnson
Project Name: NCDOT US 70 Shoulder Improvements Repairs
Date Verification Issued: 01/14/2016
Project Manager: Thomas Steffens
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: Thomas Steffens
Washington Regulatory Field Office
2407 West 5th Street
Washington, North Carolina
27889
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