The URL can be used to link to this page

Home My WebLink About20141294 Ver 2_2014-02-10_approved_preJD_20180822U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I.D.: 2014-00280 County: Mecklenbur� U.S.G.S. Quad: Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Charlotte-Mecklenburg Storm Water Services / Attn: Isaac Hinson Address: 600 East Fourth Street Charlotte, NC 28202 Telephone No.: 704-336-4495 Property description: Size (acres): 7.17 Nearest Town: Charlotte Nearest Waterway: Sugar Creek River Basin: Catawba Coordinates: 35.266899 /-80.77059 Hydrologic Unit Code: 03050103 Location Description: The site is located southwest of the intersection of Austin Road and North Tryon Street, in Charlotte, Mecklenburg County, North Carolina. Indicate Which of the Following Applv: A. Preliminary Determination X Based on preliminary information, there may be waters and wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). 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. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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. _ There are waters and wetlands on the above described property 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. _ We strongly suggest you have the on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law ar our published regulations, may be relied upon for a period not to exceed five years. The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon far a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. Action Id.: 2014-00280 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Fuemmeler at 828-271-7980. C. Basis For Determination The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channels on the property are unnamed tributaries to Sugar Creek which ultimately flows into the Catawba River. The Catawba River is a Section 10 water starting downstream at the Mountain Island Lake Dam on the Mecklenburg/Gaston County line. D. Remarks: E. 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. Corps Regulatory Official: Amanda Fuemmeler Issue Date: February 10, 2014 FUEMMELER.AMA NDA.JONES.12428 35090 Digitally signed by FUEMMELER.AMANDAJON E5.1242835090 DN: r—U5, o=U.S. Govemment, ou=DOD, �u=PKl,ou=USA, n=FUEMMELER.AMANDAJONE5.124283509 0 Date:2014.02.101726:47 -OS'00' Expiration Date: Not Auplicable (due to Preliminarv JD) The Wilmington District is committed to providing the highest level of support to the publia To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://per2.nwp.usace.armv.mil/surve. .� to complete the survey online. CF: Carolina Wetland Services, Attn: Thomas Blackwell, 550 E. Westinghouse Blvd., Charlotte, NC 28273 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Charlotte-Mecklenburg Stonn Water File Number: 2014-00280 Date: February 10, Services / Attn: Isaac Hinson 2014 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Pennit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information �nay be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx 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 t11e 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 ar acceptance of tl�e 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 detenninations associated with tlle 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 mttst 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) inodify 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 aceept the permit in its entirery, 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 conditio��s tl�erein, you may appeal the declined perinit under the Corps of Engineers Adininistrative Appeal Process Uy completing Section II of this form and sending the form to the division engineer. This form must Ue received by the division engineer within 60 days of tl�e date of fllis 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 forin to tl�e division engineer. Tl�is 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 rnay appeal the approved JD under the Corps of Engineers Administrative Appeal Process by complcting 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 fl�is 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 insh-uction. Also you may provide new infonnation 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 appealin� the decision or yoiir objcctions 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 infonnation 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 al�-eady in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you l�ave questions regarding this decision and/or the appeal If you only have questions regarding the appeal process yott may process you rnay contact: also contact: Amanda Fueinmeler, Project Manager Mr. Jason Steele, Administrative Appeal Review Officer USACE, Asheville Regulatory Field Office GESAD-PDO 151 Patton Ave U.S. Anny Corps of Engineers, South Atlantic Division RM 208 60 Forsyth Street, Room l OM 15 Asheville, NC 28806 Atlanta, Georgia 30303-8801 828-271-7980 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 any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Amanda Fuemmeler, 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 :�