HomeMy WebLinkAbout20180073 Ver 1_SAW-2018-00108permitverification_20180517U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-00108 County: Mont�omerv Countv U.S.G.S. Quad: Star
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
Art Kin�
North Carolina Department of Transportation - Division 8
902 N. Sandhills Boulevard
Aberdeen NC, 28315
9 (approximately) Nearest Town Star
Black Rock Branch River Basin Upper Pee Dee
03040104 Coordinates Latitude:35.387253
Longitude: -79.831721
Location description: The site is located alon� SR 1340 (Okeewemee Road) over the Little River at NCDOT Brid�e #124 in
Montgomerv County, North Carolina.
Description of projects area and activity: This authorization is for the permanent and temporarv discharge of clean fill material
associated with an existing bridSe replacement proiect. Permanent impacts include the placement of rip rap/fill within 120
linear feet of stream channel for bank stabilization/bent construction. Temporarv impacts are within 961inear feet of stream
and are associated with dewaterin� activities and the construction of a temporarv causewav.
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 Pern�it Number: NWP 3 Maintenance
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 Januarv 17, 2018, including additional information
provided on Apri13, 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.
1. This USACE permit does not authorize vou to take a threatened or endangered species, in particular, the Northern
Long-eared Bat (NLEB) (Myotis septentrionalis). In order to legally take a listed species, vou must have separate
authorization under the Endangered Species Act (ESA) (e.�., a Biological Opinion (BO) under the ESA, Section 7,
with "incidental take" provisions with which vou must complv). The U.S. Fish and Wildlife Service's (USFWS's)
Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biolo�ical Opinion for North Carolina
Department of Transportation (NCDOT) Activities in Eastern North Carolina (Divisions 1-81," dated March 25, 2015,
and adopted on April 10, 2015, contains mandatorv terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" that are specified in the BO. Your authorization under this
USACE permit is conditioned upon vour compliance with all the mandatorv terms and conditions (incorporated bv
reference into this permit) associated with incidental take of the BO. Failure to comulv with the terms and conditions
associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized
take, and would also constitute non-compliance with vour USACE uermit. The USFWS is the appropriate authoritv to
determine compliance with the terms and conditions of its BO and with the ESA.
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 wi11 remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regiona1 general pennit
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) ar 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, modifcation 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.
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 Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(a�usace.armv.mil.
o�y�e„ny,�q�ee ny
WILLIAMSANDNEW.E1241561655
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Date: Mav 17, 2018
Expiration Date of Verification: March 18, 2022
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may Ue 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 appealaUle action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you rnay 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.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the pernlit 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 deternunation may be relied upon for a period 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. Basis For Jurisdietional Determination: N/A. An Approved JD has not been completed.
C. Remarks: None
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the liinits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/deternunation 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 prograins, you should request
a certified wetland deterniination 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
deternunation 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 Not Applicable .
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 WILLIAMS.ANDREW.E.1244561655
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ou=USA, cn=WILLIAMS.ANDREW.E.1244561655
Colps Regulatoly OfflC131: oace:zoia.os.niz:oo:zs-oa�oo•
Andrew Williams
The Wilmington District is coinmitted 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:
April R. Norton
Environmental Senior Specialist
Transportation Permittin� Unit
Division of Water Resources
NC Department of Environmental Oualitv
512 North Salisburv Street, 12th Floor (phvsical)
1617 Mail Service Center (mailing)
Ralei�h, NC 27699
Action ID Number: SAW-2018-00108 County: Montgomery County
Permittee: Art King
North Carolina Department of Transportation - Division 8
Project Name: NCDOT/SR 1340 (Okeewemee Star RoadBR124/Division 8
Date Verification Issued: May 17, 2018
Project Manager: Andrew Williams
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: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
AppllCant: Art King North Carolina Department of File Number: SAW-2018-00108 Date: May 17, 2018
Transportation - Division 8
Attached is:
INITIAL PROFFERED PERMIT (Standard Permit or Letter of p
PROFFERED PERMIT (Standard Permit or Letter of permission
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
A
B
C
D
E
SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http:l/www.usace.army.mil/Missions/CivilWorks/Re�ulatoryPro�ramandPermits.aspx 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 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 Pennit or acceptance of the LOP ineans that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its tenns and conditions, and approved jurisdictional detenlunations associated with the permit.
OB7ECT: If you object to the perrnit (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 pernut in the fuhtre. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
perinit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having deteiniiued that the perinit 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
aufllorization. If you received a Letter of Permission (LOP), you inay accept the LOP and your wark is authorized. Your signature
on the Standard Pernlit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
pennit, including its tei�ns and conditions, and approved jurisdictional detei�rninations 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 Adininistrative 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 send'u1g the fonn to tl�e division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: 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
inforination 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 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
meinorandum 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 infortnation or analyses to the record. However, you may provide additional information to clarify
the location of information that is alread in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR 1NFORMATION:
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: Andrew Williams CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403 60 Forsyth Street, Room 1OM15
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
norice of an site investi ation, and will have the o oriunit to artici ate in all site investi ations.
Date: Telephone number:
Si nature of a ellant ar a ent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 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 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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DESIGN EXCEPTION REQUIRED FOR HORIZONTAL CURVE
THIS PROJECT IS
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LOCA TI01�1: BRIDGE 1�0.124 O VER LI.TTLE RI VER
01� OKEE WEMEE-S TAR R OAD (SR 1340)
TYPE OF WORK: GRADII�G, DRAI1�lAGE, l'A T�I1�G, A1�D STR UCTURE
NOT WITHIN ANY MUNICIPAL BOUNDARIES.
THIS PROJECT SHALL BE PERFORMED TO THE LIMITS ESTABLISHED BY METHOD III.
PERMIT DRAWING
SHEET 1 OF 5
DOCUMENT NOT CONSIDERED FINAL
UNLESS ALL SIGNATURES COMPLETED
Pre,aored In the Offlce of: HYDRA ULICS E111GI11lEER
GRAPHIC SCALES DESIGI� DATA PR�JECT LEI�GTH 1025 Wade Avenue
Raleigh, NC 27605
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K = p/o LENGT H OF ROADW AY PROJECT BR I DGE l 24 = O.O6S M I 2012 STANDARD SPECIFICATIONS �!� ���
PLANS STEVE SCOTT PE � m
p= o�o LENGT H OF ST RUCT URE PROJECT BR I DGE 124 = 0.027 M I PROJECT ENGINEER P•E• � �
30 � 5 0 3 0 60 �* TOT AL LENGTH OF PROJECT BR IDGE 124 = 0.095 M I SIGNATURE: � �
T= /o RIGHT OF WAY DATE: � �
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PROFILE (VERTICAL) TIER NCDOT CONTACT I'•E•
SIGNATURE:
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1025 Wade Avenue
Raleigh, NC 27605
Te1:919-789-9977
ENGINEERING 8� Fax:919-789-9591
C O N S T R U C T I O N License: C-2197
PERMIT DRAWING
SHEET 4 OF 5
PROJECT REFERENCE NO
l7BP.8.R.122
RrW SHEET NO.
ROADWAY DESIGN
ENGINEER
SHEET NO.
2B
HYDRAULICS
ENGINEER
INC�IVIPLE"�CCE PLt�NS
DO NOT USE FOR A W ACQUISITION
DOCUMENT NOT CONSIDERED FINAL
UNLESS ALL SIGNATURES COMPLETED
DENOTES IMPACTS IN
SURFACE WATER
DENOTES TEMPORARY
IMPACTS IN SURFACE WATER
GRAPHIC SCALE
15' 7.5' 0' 15' 30'
WETLAND PERMIT IMPACT SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS
Hand Existing Existing
Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural
Site Station Structure Fillln Fillln in Clearing in SW SW Impacts Impacts Stream
No. (From/To) Size / Type Wetlands Wetlands Wetlands in Wetlands Wetlands impacts impacts Permanent Temp. Design
(ac) (ac) (ac) (ac) (ac) (ac) (ac) (ft) (ft) (ft)
1 15+13.50 - 15+23.50 Proposed Interior Bent < 0.01 32
2 14+65.66 - 14+75.01 Bank Stabilization < 0.01 < 0.01 88 10
3 15+24.32 - 15+38.85 Bank Stabilization < 0.01 < 0.01 5
4 14+75.01 - 14+87.34 Bent Removal and Dewatering 0.01 51
5 15+23.50 - 15+25.50 Temporary Causeway < 0.01 30
TOTALS*: 0.03 0.02 120 96 0
*Rounded totals are sum of actual impacts
NOTES:
Revised September 2014