HomeMy WebLinkAbout20181064 Ver 1_Farm 2 Gen NWP18_20180802V! S. ARMY CORPS OF ENGINEERS
I WILMINGTON DISTRICT
Action Id. SAW -2815-02075 County: Franklin U.S.G.S. Quad: NC-FRANKLINTON
GENERAL PER IT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Novoz mes orth America Inc.
Steve Stadelman
Address: P.O. Box 576
77 Perry Chipel Church Rd.
Franklinton i NC. 27525
Telephone Number: 919-494-3391)
I
Size (acres) Nearest Town Franklinton
Nearest Waterway Buffalo Creek River Basin Upper Tar
USGS HUC 03020101 Coordinates Latitude: 36.1063245099993
Longitude: -78.4083188943352
Location description: The proiect identified as Novozvmes water quality improvement proiect Farm 2 is located on the cast
side of Perrvs Chapel Rd.. on a narcel'identified by PIN 1875-64-3259. Aquatic resources flow to Buffalo Creek in the Tar -
Pamlico River basin
Description of projects area and activity; This permit verification allows for 78 linear feet ofyerroanent stream channel im
required for this proposal.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Riv,6rs and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18 Minor Discharges.
SEE ATTACHED RCP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your ►vork is authorized by (fie abode referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 05/23/2016. Any violation of the attached conditions
or deviation from your submitted pans may subject the permittee to a stop work order, a restoration order, a Class I
administrative penalty, and/or appropriate legal action.
'['his 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 inr liance 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 tweniL 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 verificati n does not relieve the pennittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
if there are any questions regarding thisiverification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact James Lastinger at 919554-4884 x32 or James.C.Lastingerausace.armv.mil.
Corps Regulatory OfficiaJ;.�'TL-Po(��, Date: 06/06/2016
Expiration Date of Veriftoron: 03/18/2017
SAW -2015-02074
A. ® Based on preliminary informati
area. This preliminary determinal
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of'
Section 10 of the Rivers and Harbi
published regulations, this determi
notification.
C. ❑ There are waters of the US and
Section 404 of the Clean Water A<
this determination may be relied ul
Determination of Jurisdiction:
n, there appear to be waters of the US including wetland within the above described project
in is not an appealable action under the Regulatory Progr�m Administrative Appeal Process
e United States within the above described project area s bject to the permit requirements of
s Act and Section 404 of the Clean Water Act. Unless th re is a change in the law or our
pion may be relied upon for a period not to exceed five y ars from the date of this
r wetlands within the above described project area subject to the permit requirements of
(CWA)(33 USC § 1344). Unless there is a change in thele law or our published regulations,
in for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within Ole above described project area have been identified under a previous action. Please reference
jurisdictional determination issuedl Action ID: SAW -
Basis For Determina
Remarks:
E. Attention USDA
: Stream SA has an established OHWM.
Participants
with
This del ineation/determination has bee conducted to identify the limits of Corps' Clean Water Abtjurisdiction for the particular site
identified in this request. The delineate )n/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are I JSDA Program participants, or anticipate participation in Y SDA programs, you should request
a certified wetland determination from lie local office of (lie Natural Resources Conservation Ser ice, prior to starting work.
F. Appeals Information (Tis information applies only to approved jurisdictional
and C above).
This correspondence constitutes an apih oved jurisdictional determination for the above described
determination, you may request an adnistrative appeal under Corps regulations at 33 CFR Part
Notification of Appeal Process (NAP)ct sheet and request for appeal (RFA) form. If you reque
must submit a completed RFA form te following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by a Corps, the Corps must determine that it is complete, tl
under 33 CFR part 331.5, and that it ha been received by the Division Office within 60 days of
decide to submit an RFA form, it must a received at the above address by
**It is not necessary to submit an RFA rorin to the Division Office if you do not object to the de
Corps Regulatory Official:
Jaifies Lastinger
Date of JD: 06/06/2016
inations as indicated in B
site. If you object to this
131. Enclosed you will find a
;t to appeal this determination you
it meets the criteria for appeal
date of the NAP. Should you
ination in this correspondence.**
SAW -2015.02074
The Wilmington District is commi
continue to do so, please complete
Copy furnished:
Agent: SWE Croi
Attn: Scot
Address: 3216 Bver
Suite B
Raleigh, N
Telephone Number:
to providing the highest level of support to the
customer Satisfaction Survey online at lhttiOrE
ic. To help us ensure we
Action ID Number: SAW -2015-02075
Permittee: Novozymes North
Attn: Steve Stad
Project Name: Novoz ms/Farm
Date Verification Issued: 06/0 12016
Project Manager: James Lasti er
Upon completion of the a
sign this certification and
County: Franklin
authorized by this permit and any mitigation required by the permit,
i it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
ttn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permittei I activity is subject to a compliance inspectio
Engineers representative. Fail ire to comply with any terms or conditions c
result in the Corps suspending modifying or revoking the authorization an
administrative penalty, or initi iting other appropriate legal action.
I hereby certify that the work
accordance with the terms ani
accordance with the permit ca
Signature of Permittee
uthorized by the above referenced permit ha
condition of the said permit, and required m
ditions.
by a U. S. Army Corps of
this authorization may
for issuing a Class I
been completed in
igation was completed in
OTI FICATIO]N
-
OF AD111 [NIST RATIVE APPS AL 01"I'lONS AND PROCESS AND
REQUE F FO.R APPEAL,
• ._
c! •...
Applicant: I�Iovozyntes North Anaeri a Inc. F
Steve Stadelman
] iie Number: SAW -2015-02075
❑ate: 06/06/7016
Attached is:
See Section below
INITIAL PROFFERED FERMI
Standard Permit or Letter of ermission
A
PROFFERED PERMIT (Standa
Permit or Letter of ermission)
B
PERMIT DENIAL
FC
C
APPROVED JURISDICTIONA
DETERMINATION
D
PRELIMINARY JURISDICTIO
AL DETERMINATION
E
SECTION I -The following idenimej your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or l ttp://4vww.tisaceiann ,mil/Missiotis/Civi[WorksdRe tilator Pro ramandPermits,as x
or the Corns reeulations at 33 CFR Art 331..
A: INITIAL ROFFERED PERMIT: You may accept or object o the permit.
• ACCEPT: If you received a Sta and 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 Dr acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, inclu ing its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the pr
that the permit be modified acco
engineer. Your objections must
forfeit your right to appeal the pi
objections and may: (a) modify t
objections, or (c) not modify the
evaluating your objections, the d
Section B below.
10
pit (Standard or LOP) because of certain terms and c4
ugly. You must complete Section II of this form and
received by the district engineer within 60 days of ti
rit in the future. Upon receipt of your letter, the disti
permit to address all of your concerns, (b) modify t1-
rmit Laving determined that the permit should be iss
-ict engineer will send you a proffered permit for yor
PERMIT: You may accept or appeal the
ditions therein, you may request
,turn the form to the district
date of this notice, or you wil l
;t engineer will evaluate your
permit to address some of your
;d as previously written. After
reconsideration, as indicated in
it
• ACCEPT: If you received a Stan and Permit, you may sign the permit document and ret�m 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 Permitor acceptance of [lie LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, inc lud ng its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to declh
you may appeal the declined pern
this form and sending the form to
of the date of this notice.
C: PERMIT DENIAL: You may
completing Section It of this fonn a[
engineer within 60 days of the date s
the proffered permit (Standard or LOP) because of c tain terms and conditions therein,
under the Corps of Engineers Administrative Appeal Process by completing Section II of
e division engineer. This form must be received by tl ic division engineer within 60 days
peal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
sending the form to the division engineer. This form must be received by the division
his notice. i
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to r otify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that }:)u accept the approved JD in its entirety, and waive all tights to appeal the approved JD.
• APPEAL: If you disagree with lie approved JD, you :nay appeal the approved JD under the Corps of Engineers
Administrative Appeal Process y completing Section II of this form and sending the farm to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTI OVAL DETERMINATION: You do not need to res. and 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 f trther instruction. Also you may provide new informatipn for further consideration by the
Corps to reevaluate the JD.
i
SECTION if - REQUEST FOR APP I EAL or OBJECTIONS TO AN INITIAL PROF F EREJ 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 admit istrative record.)
ADDITIONAL INFORMATION: Tl e appeal is limited to a review of the administrative rec rd, the Corps inemorandittn.for the
record of the appeal conference or meeting, and any supplemental information that officer has determined is needed to
clarify the administrative record. Ne her the appellant nor the Corps may add new information or analyses to the record.
I lowever, you may provide add! tiona I information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR U ESI IONS OR INFORMATION:
If you have questions regardi rig this c ecision and/or the
If you only Piave questions regarding
the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regui tory Division, Attn:
Mr. Jason Steele, Administrate
Appeal Review Officer
.lames Lastinger
CESAD-PDD
U.S. Army Corps of Engineers,
South Atlantic Division
60 Forsyth Street, Room 10MI1
Atlanta, Georgia 30303-8801
Phone: 404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers pdrsonneI,
and any government
consultants, to conduct investigations of the project site during the course of the appeal proces.
You will be provided a 15 day
notice of an site investi ation, and ill have the opportunit to participate in all site investi
tions.
Date:
ITelephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Pe,
District Engineer, Wilmington Regu
Carolina 28403
For Permit denials, Proffered Perm
Division Engineer, Commander, U.S
Officer, CESAD-PDO, 60 Forsyth S1
Phone: (404) 562-5137
semi th is f arm to:
Division, Attn: .1ames Lastinger, 69 Darlington Nvenue, Wilmington, NortIt
and approved Jurisdictional Determinations send thisform to:
Army Engineer Division, South Atlantic, Attn: Mr..Ia on Steele, Administrati%,e Appeal
•eet, Roo in IONI15, Atlanta, Georgia 30303-8801