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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