HomeMy WebLinkAbout20180682 Ver 1_USACE 404 Permit_06292018_20180720U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01017 County: Chatham Countv U.S.G.S. Quad: Bynum
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Chris Blice
Chatham County Board of Education
Address: PO Box 128
Pittsboro, North Carolina 27312
Telephone Number: (919)542-3626
Size (acres) 2.6 (approximately) Nearest Town Pittsboro
Nearest Waterway Brooks Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.757516
Longitude: -79.169423
Location description: The approximate 2.6 acre site is located between US Highwav 15/501 and the existing Northwood High
School, in Pittsboro, Chatham County, North Carolina.
Descriprion of projects area and activity: This autborization is for temporarv and permanent impacts to streams associated with
the construction of a secondary access road to the Northwood High School in Pittsboro, North Carolina as follows: Crossing
#1: Culvert 1(Impact #2A) 44-linear feet of temporary impact, (Impact #2B) 13 linear feet of temporary impact and (Impact
#5) lO linear feet of temporarv impact for dewaterin�; (Impact #3) 52-linear feet of permanent impact for the installation of
one (1) 72" RCP and two (2) 48" RCPs and (Impact #4) 321inear feet of permanent impact for the installation of a rip rau
dissipation pad. Crossing #2: Culvert 2(Impact #'n 47-linear feet of temporarv impact and (Impact 10) 28- linear feet of
temporary impact for dewatering; (Impact #8) 48-linear feet of permanent impact for the installation of one (1) 36" RCP and
(Impact #9) 18- linear feet of permanent impact for the installation of a rip rap dissipation pad (See attached plans).
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: NWP 39 Commercial and Institutional
Developments
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 Mav ]8, 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 verificarion will remain valid until the expiration date identified below unless the nationwide andlor regional general permit
authorization is modified, suspended or revoked. If, priar 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.
This Department of the Army verificarion does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
SAW-2018-01017
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.army.mil.
Corps Regulatory Official: r�`�``� ��� �«=°�a°��"°_° °°°° � ������_ �
Date: June 29, 2018
Expiration Date of Verification: March 18, 2022
A. Determination of Jurisdiction:
l. � 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 Secrion 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrarive 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 commencement of any
work in waters of the United States and prior to any wark 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 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 norificarion.
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 idenrified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW- .
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Remarks: This preliminary jurisdictional determination is based on a desktop analysis of the
information provided by the applicant and maps, aerial images and other digital data available to the
Corps of Engineers.
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
SA W-2018-01017
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. �� DigitallysignedbyWILLIAMS.ANDREW.E.1244561655
/�� f , DN: r-U5, o=U.S. Government, ou=DoD, ou=PKl,
� j• �J���l,� ou=USA,rn=WILLIAMSANDREW.E.1 2445 61 65 5
Corps Regulatory Official: °a`e:z°,8.°b.z9'b:zs:Z3-04°°
Andrew Williams
Date of JD: June 29, 2018
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.arm_y.mil/cm_apex/f?p=136:4:0.
Copy furnished (via email):
Troy Beasley
WithersRavenel, Inc.
219 Station Road, Suite 101
Wilmington, North Carolina 28405
Stephanie Goss
North Carolina Department of Environmental Quality
Watcr Resources Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
Action ID Number: SAW-2018-01017 County: Chatham Countv
Permittee:
Project Name
Chris Blice
Chatham Countv Board of Education
Northwood Hi�h School Access Road/Chatham Countv Board of Education
Date Verification Issued: June 29, 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
Applicant: Chris Blice Chatham County Board of File Number: SAW-2018-01017 Date: June 29, 2018
Education
Attached is:
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
PROFFERED PERMIT (Standard Permit or Letter of permissio
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See Section below
ion) 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://www.usace.army.mil/Missions/CivilWorks/Re rii�vPro�ramandPermits.aspx or
Coms re�ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you rcccivcd a Standard Permit, you may sign thc permit documcnt 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 wark 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.
OB7ECT: If you object to the permit (Standard or LOP) because of certain terms and condirions 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, ar(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 wark 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 determinarions 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 norify the Corps within 60 days of the date of
this norice 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.
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
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 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 recard. 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/ar 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
notice of an site invesri ation, and will have the o ortunit to artici ate in all site investi ations.
Date: Telephone number:
Si nature of a ellant or a ent.
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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