HomeMy WebLinkAbout20141294 Ver 2_2015-02-03_USACE_approval_20180822t
Action Id
Permittee:
Address:
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
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WILIvIII�tGTO%t DI�TRICT
SAi�-2014-002�0 County: l�ecklenbur� U.S.G.S. Quad: l�C-CI�AI2L0'T'I'E EAS'I'
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Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
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This 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 inodified 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 tenns 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 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 inodify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may aiso 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 twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to begi_nning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
This Department of the Anny verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
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Corps Regulatoty Official: �-�..�_ ` `�- � �
Expiration Date of Verificaiion: 03/l�/2017
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Am ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331). ,
�o ❑ There are Navigable Waters of the United States within the above described project area subject to the pennit 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.
C. ❑ There are waters of the US andlor wetlands within the above described project area subject to the pel-mit requvements 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.
I)o � The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 2/10/2014 Action ID: SA�-2414-002�0.
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This delineation/detennination 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 stai-ting work.
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This correspondence constitutes an approved jurisdictional detennination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 l. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this detennination you
must submit a completed RFA form to the following address:
U5 Arn1y 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 detennine 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
**It is not necessary to submit an RFA fonn to the Di
Colps Regulatory Official:
I� . - • � : I
Office if you do not obj ect to the detennination in this correspondence. **
The Wilmingion District is coinmif�ed fo providing the highest level of support to the public. To help us ensure we
continue to do so, please compleie our custoiner Satisfaction Survey online at http://re ulatoi_y.usacesurve� .�.
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Si�nature of Per�itiee I)ate
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• ACCEPT: If you received a Standard Pet-�nit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is authorized. Your
signature oll the Standard Pennit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all
rights to appeal the perinit, including its terms and conditions, and approved jurisdictional detenninations associated with the
per-�nit.
• OBJECT: If you object to the pennit (Standard or LOP) because of certain tel�rns and conditions therein, you may request
that the pennit be modified accordingly. You must colnplete Section II of this forin and return the fonn to the district
engineer. Your objections inust be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the pennit in the future. 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 pennit to address solne of your
objections, or (c) not modify the pennit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered pennit for your reconsideration, as indicated in
Section B below.
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• ACCEPT: If you received a Standard Permit, you may sign the permit document and retui-n it to the district engineer for final
authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Pennit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its tenns and conditions, and approved jurisdictional detenninations associated with the
permit.
� APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain tenns and conditions therein,
you may appeal the declined pennit under the Corps of Engineers Adininistrative Appeal Process by completing Section II of
tlus form and sending the fonn to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PER I'i' I)EI�T �,e You may appeal the denial of a pennit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this fonn and sending the fonn to the division engineer. This fonn must be received by the division
engineer within 60 days of the date of this notice.
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• • •
� 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
Adininistrative Appeal Process by coinpleting Section II of this form and sending the form to the district engi�leer. This form
must be received by the division engineer within 60 days of the date of this notice.
Ea P�2EI�I Il�A �' I2I� IC'�'I��AI.. I)ET'E �'I'I��: You do not need to respond to the Corps regarding the
pre`timinary JD. The Preliminaty JD is not appealable. If you wish, you inay request an approved JD (which may be appealed),
by contacting the Corps district for fur-t11er i�lstruction. Also you rnay provide new infonnation for further collsideration by tlie
Corps to reevaluate the JD.
SECTION II - REQUE�T FOR APPE�L or OBJECTION� TO AN II'�TITIAL P12��FERED PER:�IIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered pennit in ciear concise statements. You inay attach additional infonnation to this fonn 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 ineeting, and any supplemental iizformation that the review officer has detennined is needed to
clarify the administrative record. Neither tlie appellant nor the Corps may add new information or analyses to the record.
Hovvever, you inay provide additional i�lfoi-mation to clarify the location of iiifoi�nation that is already in the admi�usnative
record.
POINT 'OF CONTACT FOR QUESTIQNS OR Il�TF4RNIATIt�N:
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: aiso contact:
Disirici En�ineer, i�ilrni��ton 12e�ulaiot-y 1)ivision, Mr. Jason Steele, Administrative Appeal Review Officer
Atin: Cr°ystal Amschler°, Pr°oject anager CESAD-PDO
Asheville I�e�ulator� I�'ield Offce U.S. Anny Corps of Engineers, South Atlantic Division
151 Pattot� Avenue, Roorn 20� 60 Forsyth Street, Room 1OM15
Asheville, North Carolina 2��01 Atlatlta, Georgia 30303-8�01
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers persoruiel, and any goverriinent
consultants, to conduct ulvestigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone nulnber:
Signature of appellant or agent.
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