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HomeMy WebLinkAbout20181451 Ver 1_USACE Permit 2016-01430 NWP 14_20181217U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-01430 County: Guilford U.S.G.S. Quad: NC-Belews Creek GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: David Howell Address: 2816 Norwell Court Oak Ridge, NC 27310 Size (acres) —40 Nearest Town Stokesdale Nearest Waterway UT to East Belews Creek River Basin Roanoke USGS HUC 03010103 Coordinates 36.230907 N, -80.029702 W Location description: The property is located on the north side of US Highway 158, directly opposite its intersection with Happy Hill Road, west of Stokesdale, in Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 125 linear feet of stream channel (75 linear feet of which constitute a permanent loss of waters), and the temporary discharge of dredged or fill material into 20 linear feet of stream channel necessary to construct access and infrastructure for a six -lot single family residential subdivision. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 14. Linear Transportation Projects SEE ATTACHED 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 enclosed Conditions, your application signed and dated 11/28/2018, and the enclosed plans C1 and C2, dated 11/27/2018. 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 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 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 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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David E. Bailey at 919-554-4884 Ext. 30 or David.E.Bailey2na,usace.army.mil. Corps Regulatory Official: Expiration Date of Verification: 03/18/2022 Digitally signed . BAILEY ent, o .=Doo, 83736 ou=PK J DN: c=US, o=BAIL Government, ou=D373 ou=PKI, ou=USA, cn=BAILEY.DAVID.E.1379283736 Date: 2018.12.17 15:29:22 -05'00 Date: 10/17/2018 SAW -2016-01430 Determination of Jurisdiction: A. ® 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 Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative 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 work that could alter the hydrology of waters of the United States. B. ❑ 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. C. ❑ 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 notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued DATE. Action ID: FILE NUMBER. Basis For Determination: See the preliminary jurisdictional determination form dated 10/17/2018. Remarks: None. 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. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. 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 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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.** Digitally signed . BAILEY ent, o .=Doo, 83736 ou=PKI DN: c=US, o=BAIL Government, 792837, ou=PKI, ou=USA, cn=BAILEY.DAVID.E.1379283736 Corps Regulatory Official: Date: 2018.12.1715:30:07-05'00' David E. Baile Date of JD: 10/17/2018 Expiration Date of JD: Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: David Howell File Number: SAW -2016-01430 Date: 10/17/2018 Attached is: See Section below LAPPROVED PROFFERED PERMIT Standard Permit or Letter of ermission A RED PERMIT Standard Permit or Letter of ermission B DENIAL C JURISDICTIONAL DETERMINATION D INARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.gM.mil/Missions/CivilWorks/Reu� latoryProgramandPermits.asox or the 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 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 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. • 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 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 fixture. 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, 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 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. • 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 I1 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 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 Administrative Appeal Process by completing Section II of this form and sending the form to the district 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 record. 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/or 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: David E. Bailey CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 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 any site investigation, and will have the opportunit to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 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 SAW -2016-01430 SPECIAL CONDITIONS 1. Please note that future impacts and/or phases of this development project and related activities associated with Corps Action ID: SAW -2016-01430 will be considered part of a single and complete project; these impacts will be considered cumulative with impacts permitted during earlier phases regarding compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts to aquatic resources for this single and complete project include permanent impacts (loss of waters) to 75 linear feet (0.017 acre) of streams, permanent impacts (not a loss of waters) to 50 linear feet (0.011 acre) of streams, and temporary impacts to 20 linear feet (0.005 acre) of stream channel. This amounts to a total loss of potential waters of the US of 75 linear feet (0.017 acre). Digitally signed by BAI LEY.DAVID.E.1379283736 DN:DoD, o=US. Government, 7 ou=DoD, ou=PKI, ou=USA, Corps Regulatory Official: rn=BA 018..12.171E:30:21 83736 Date: 10/17/2018 Date: 2018.12.1715:30:21 -05'00' Expiration Date of Verification: 3/18/2022 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 the Customer Satisfaction Survey located at h�:Hco�sma�u.usace.army.mil/cm_a�ex/f1 =136:4:0co�sma�u.usace.aM.mil/cm_a�ex/f?�=136:4:0. Copy furnished: Brad Luckey, Pilot Environmental, Inc. P.O. Box 128, Kernersville, NC 27285 Sue Homewood, NCDEQ-DWR, 450 W. 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"o. n«ou« ame o r.ee ie .� TM.x� ECCICH a TEMPORARY CROSSING — "PUMP AROUND" FOR CULVERT INSTALLATION VICINITY MAP i =1" LEGEND O BY ABE CHECKED BY EBN • ..o.,"�.,, ,art �on� vo w:�no�e GRAPHIC SCALE C2 Ell N RS1.C-ILC -P �I ��OF 2 ORI EW PRO OSE z 74Q RIP- AP O BE PLACED UCH THATTH STREAM WIL FLOW / ON TOP THE RIP- PIE E - ARCH IN LOW F OW CONDITI NS NOMINAL 14;"x91" EXISTING (12 "ROUIN 7�M-BED EO IVALEN) 48 L.F. PIPE -ARCH CORRUGATED STEEL 142"x91" @ 1.0% EOT XTI E O 0 CD X - TI N 3 0 IE- VICINITY MAP i =1" LEGEND O BY ABE CHECKED BY EBN • ..o.,"�.,, ,art �on� vo w:�no�e GRAPHIC SCALE C2 Ell N RS1.C-ILC -P �I ��OF 2 Action ID Number: SAW -2016-01430 County: Guilford Permittee: David Howell Project Name: (David Howell / 9310 US Hwy 158 / Stokesdale / Guilford County / residential Date Verification Issued: 10/17/2018 Project Manager: David E. Bailey 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: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@usace.army.mil 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 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/17/2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Michael Brame, Pilot Environmental, Inc. Post Office Box 128, Kernersville, North Carolina 27285 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW -2016-01430 (David Howell / 9310 US Hwy 158 / Stokesdale / Guilford County/ residential) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located at 9310 U.S. Highway 158, Stokesdale, NC. The site contains wooded land and fields. An agricultural structure is located on the southern portion of the site. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Guilford City: Stokesdale Center coordinates of site (lat/long in degree decimal format): Lat.: 36.230925° Long.: -80.029388° Universal Transverse Mercator: WGS 84 Name of nearest waterbody: UT to East Belews Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 8/10/2018 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude (decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources (i.e., which the aquatic resource review area (acreage wetland vs. non- "may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section a licable 10/404 SA 36.2310830 -80.0288120 1,130 linear feet non -wetland water Section 404 WA 36.2316750 -80.0287780 0.74 acres wetland Section 404 WAA 36.2311400 -80.0271710 0.10 acres wetland Section 404 JDA 36.2312530 -80.0292590 150 linear feet non -wetland water Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Aerial, soils, and topo map (Pilot Env.) ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Drawing 1 ® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2 & 2A ® National wetlands inventory map(s). Cite name: Drawing 3 ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Drawing 4 ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Drawing 5 or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): LiDAR IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional rintorminatinnc Signature and date of Regulatory staff member completing PJD /L,./ -/ A June 21, 2018 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. JDA 1-7 (150 LF) FLAG NUMBERS/INFO WETLAND FLAGS - STREAM FLAGS = Stream Flags = 7 Wetland Flags = 69 Total Flags = 76 DP -3 Q DP -2 Q N WA 1-51 (0.74 Ac.) SA WAA 1-18 (1,130 LF) (0.10 Ac) LEGEND Site Boundary ■ ■ ■ ■ ■ ■ Intermittent Stream Perennial Stream Wetlands SA 1-5 Flag Number DP -1 O Data Point ■ Culvert 11111h—Verification Results THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN VERIFIED BY MR. DAVID BAILEY WITH THE USACE AND MS. SUE HOMEWOOD WITH NCDEQ-DWR ON AUGUST 10, 2018. THEY HAVE NOT BEEN SURVEYED OR GEOLOCATED. Drawing 5 f Wetland Map 2017 Aerial Imagery from Google Earth ��� f 4�'� ' .. 9310 U.S. Highway 158 and Pilot Field Notes <\ -- Approximate 40 Acre Tract Scale: 1" = 250' p11®131W 114 Stokesdale, Guilford County, NC Date: 09.04.18 PILOT ENVIR0NMENTAL.INC Pilot Project 3594