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HomeMy WebLinkAbout20180423 Ver 1_More Info Received_20180504E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary 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 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your 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 administrative record, the Corps memorandum for the record of the appeal conference or meeting, 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 information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Gary Beecher CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: 404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o ortum to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Gary Beecher, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 NOTIFICATION OF ADMINISTRATIVE APPEAL OIESS A,. REQUE„. Applicant: NC Wildlife Resources Commission File Number: SAW -2017-01834 Date: April 26, 2018 Attn: Steven Bailey Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hup: www us ice lnnv mihMissions�s or Corps,regulations 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 the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the 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 appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your 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 the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form 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 Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Action ID Number: SAW -2017-01834. County: Northampton County Permittee:. Steven Bailey NC Wildlife Resources Commission Project Name: Odom Correctional Institution Access Road Date Verification Issued: April 26, 2018 Project Manager: Gary Beecher Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the f6llowing address: US ARMS' CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gary 13eecher 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 Corpssuspending, 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 -2017-01834 .,SPECIAL CONDTI'IONS 1. The General. Conditions and Special Conditions for this project are shown in the NWP 14 guidance Document. This document has been attached to the e-mail containing the NWP 14 permit for this project. SAW -2017-01834 Corps Regulatory Official: Gary Beecher Date of JD: April 26, 2018 Expiration Date ofNWP: March 22, 2022 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 Custoiner Satisfaction Survey, located online at http://cotpsmapu.usace.army.mil/cni a-Pex/f?p=136:4:0. CoDv furnished via a -mail to: Steven Bailey NC Wildlife Resources Commission 1718 NC 56 West Creedmor NC, 27522 (919)707-0371 Steven.bailey(i'u, newildlife. orp, SAW -2017-01834 A. Determination of Jurisdiction: 1. ❑ 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 co mmencement,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. 2. ❑ 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 perid not to exceed five years from the date of this notification. 3. ® 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. 4. ❑ 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 for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under,a previous action: Please reference ,the approved jurisdictional determination issued Action ID: SAW - B. BSasis For Jurisdictional Determination: The waterbody that will be crossed exhibits an Ordinary, Hiah Water Mark as indicated by changes in soil character and the absence of terrestrial vegetation and is hydraulically connected to the Roanoke River. C. Remarks: D. 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., E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). 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 1OM15 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. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-01834 County: Northampton County U.S.G.S. Quad: Boones Crossroads GENERAL. PERMIT (REGIONAAL AND NA'T'IONWIDE) VERIFICATION Permittee: ..Steven Bailey NC Wildlife Resources Commission Address: 1718 NC 56 West Creedmor NC, 27522 Telephone Number: (919) 707-0371 Size (acres) 20 acres Nearest Town Jackson, NC Nearest Waterway Urahaw Swamp River. Basin Roanoke USGS HUC 03010107 Coordinates Latitude: 36.324519 Longitude: -77.419753 Location description: The proposed shooting range and access road are located near the Odom Correctional Facility in Jackson, Northampton County, NC. Description of projects area and activity: A new acces's road will be constructed and connected to the existing dirt farm road. The new roadwav will lead to a shootine range facility. The new road will cross over an existing RPW, this crossing will ermanently impact 121 LF of the RPW. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: 14 Linear Transportation Proiects SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR 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 26, 2018. 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 and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide 'and/or regional general 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 (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. i, 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. r i If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers' regulatory' program, please contact Gary Beecher at (910) 251-4629 or Gary.H.Beecher(i�usace.army.mil. I , D,gila11,11gnedby BEE6 MGMYH.10529]3208 BEECHER.GARY.H ;LDN:r—US, .—US. Gove1evnen4 ou=paD, ou=PKI, Corps Regulatory Official: ,,, 7 =USA m—BEEQ EB GARYH 00529]3208 Date: April 26, 2018 Expiration Date of Verification: March 22, 2022