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HomeMy WebLinkAbout20171440 Ver 1_final signed Br 376 SR 1838_20171121 (2)U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2013-00227 County: Sampson Countv U.S.G.S. Quad: Clinton North NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: NCDOT-Division 3 Attn: Mr. Mason Herndon Address: 5501 Barbados Blvd. Castle Havne, NC 28429 Size (acres) +/- 10 Nearest Town Clinton Nearest Waterway Beaverdam Branch River Basin Cape Fear USGS HUC 03030006 Coordinates Latitude: 35.0124429435264 Longitude: -78.3255171929585 Location description: The site (Br# 3761 is located on the north side of Clinton along SR 1838 (Beaman Stl where the road crosses Beaverdam Branch, Sampson Countv. Indicate Which of the Followin� Auulv: A. Preliminary Determination X 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 Harbars Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefare this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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. _ There are wetlands on the above described property, 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). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U. S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property 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 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 U.S., including wetlands, on 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. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once Page 1 of 4 SAW-2013-00227 verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (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 property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at (910) 251-4611 or Brad.E. Shaver(�n,usace. armv.mil. C. Basis For Determination: The site possessed wetlands as described in the 1987 Corps Delineation manual and open waters that exhibited an ordinary high water mark. D. Remarks: The site was feld reviewed on 11/8/2017. S H AV E R. B RA D. E D AVEIR.BRAD E�1276601756 DN: r-U5, o=U.S. Govemmen[, ou=DOD, .1276601756 ou=PKl,ou=USA, C��S Reaula+�n� �f-,Cla1. rn=SHAVER.BRAD.E.1276601756 b �, �� �j Date:20t7.tt.2t 11:02:10-05'00' Date: November 21, 2017 Expiration Date: None PJD 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: NCDEQ-DWR attn: Ms. Joanne Steenhuis Page 2 of 4 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: NCDOT-Divisio�l 3 File N�m�be�: SAW-2013-00227 Date: November 21, 2017 Attached is: E INITIAL PROFFERED PERMIT (Standard Permit or Letter of PROFFERED PERMIT (Standard Pei7nit or Letter of pei-�nissic PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMiNATION See Section below ission) A B C D E SECTION I- The following identifies your rights and options reg�rding �n �dministrative appeal of the above decision. Additional infonnation may be found at http://www.usace.ai-m_y.mil/inet/fiulctions/cw/cecwo/reg or Corps re�ulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign fl1e pernlit doctmient and return it to the district engineer for final authorization. lf you received a Letter of Pei7nission (LOP), yott may accept the LOP and your wark is autharized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pei-�nit in its e�7tirety, and waive all rigllts to appeal the permit, including its terms anci co�7ditions, and approved jurisdictional determinations associated with the permit. OBIECT: If you object to the pennit (St�ndard or LOP) because of certain terms and conditions therein, you may request th�t the }�ennit be modified accordingly. You �nust complete Section II of this fornl and return the form to tl�e district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appea] the permit in the fut«re. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the perniit to address all of your conce�lls, (b) modify tlle permit to address soiue of your objections, or (c) not ulodify the peril�it having detea-mined that the per�nit should be issued as previously written. After evaluating yom� objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign tl�e permit document and retitrn it to the district engineer for final authoi-ization. If you received a Letter of Pei�nission (LOP), you m�y accept the LOP and your work is authorized. Your signahire on the Standard Permit or acce}�tance of the LOP means tl�at you accept the pennit in its entirety, and waive all rights to appeal the pennit, ii�cluding its tenns and conditions, and approved jurisdictional deteilninations associated with the permit. • APPEAL: lf you choose to decline the proffered pernlit (Standard or LOP) because of certain tenns and conditions therein, you may appeal the declined permit under the Coips of Engineers Administrative Appeal Process by completing Section II of this forni and sending the forin to the division engineer. This forni inust be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You inay appeal the denial of a permit under the Corps of Engineers Adininistrative Appeal Process by completing Section II of this forin and sending the form to the division engineer. This fonn must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Cor�s to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means tl�at you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: lf you disagree witl� the approved JD, you may appeal the approved JD under the Coips of Engineers Administrative Appeal Process by completulg Section II of this form and sending the form to the division engineer. This form mList be reeeived by the division engineer within 60 days of the date of this notice. Page 3 of 4 SAW-2013-00227 E: PRELIMINARY JLJRISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminaiy JD. The Preliminaiy JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe yoLu- reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the admuustrative record, the Corps meinorandum for the record of the appeal conference or ineeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new itlformatioi� or analyses to tl�e record. However, you n7ay provide additional infoi-mation to clarify the location of information that is already in the administrative i�ecord. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you havc questions regarding this dccision and/or the If you only have questions regarding tll� appe�l process you may appeal process you inay contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Brad Shaver CESAD-PDO 69 Darlington Ave U.S. Army Corps of Engineers, South Atlantic Division Wilmington, NC 28403 60 Forsyth St�-eet, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Coips of Engineers personnel, and any government cousultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice oF an site investigation, and will have the o artunity to artici ate in all site investigations. Date: Telephone number: Signature of appellant or agent. FoY appeuls o�� Initial Prof'fered Pery�iits sen�l tlzis fovni to: District �ngineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Per»zit denials, Proffered Per�nits and Approved Jurisdietio�zal Deter�niizations send this fornz to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Office�r, CESAD-PDO, 60 Forsytb Street, Room lOM]5, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Page 4 of 4