HomeMy WebLinkAbout20181597 Ver 1_signed B 4438 RGP 31_20181227U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-00954 County: Brunswick Countv U.S.G.S. Quad: Honev Island
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: North Carolina Department of Transportation
Attn: Mr. Chris Rivenbark
Address: 1598 Mail Service Center
Raleigh, NC 27699-1598
Size (miles) 0.403
Nearest Waterway Juniper Creek
USGS HLTC 03040206
Nearest Town Bolivia
River Basin Lower Pee Dee
Coordinates Latitude:341408874027632
Longitude: -78.325021395591
Location description: The replacement proiect (B-4438) is located along NC 211west of Bolivia where Brid�e 47 crosses Bear
Pen Islands Swamp, Brunswick Countv.
Description of projects area and activity: The Aroiect involves the renlacement of existins Bridge 47, an existin� 53 foot lon�
bridge with a new 105 foot wide bridEe east of its current location. The new bridge will have 12-foot travel lanes and 3-foot
shoulders on each side. Traffic will be maintained on the existinE bridge until the new bridge is complete. This verification
covers the followin� imnacts: 0.59 of an acre of fill, 0.05 of an acre of excavation resulting in a discharge, 0.14 of an acre of
mechanized land clearing, 0.05 of an acre of hand clearing, and 1291inear feet of bank stabilization (0.11 of an acre open water
im act .
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: Regional General Permit 198200031
SEE ATTACHED RGP or 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 attached
conditions and your submitted application signed 11/21/2018 and attached permit drawings Sheet 1-19 of 18 dated 11/8/2018,
attached. 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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identi�ied below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the e�cpiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization eapires 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 and/or regional general permit, will remain authorized provided the activiry is completed
within twelve months of the date of the nationwide and/or regional general 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 twenry 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 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 Brad Shaver at (910) 251-4611 or Brad.E.Shaver(a�usace.armv.mil.
Digitally signed by
MATTH EWS.MONTE.K.1284867
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Date: 2018.12.20 1031:21
Corps Regulatory Official: -05'0°'
Date: December 19, 2018
Expiration Date of Verification: Apri130, 2020
A. Determination of Jurisdiction:
1. ❑ 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.
2. ❑ 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.
3. ❑ 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 ar our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. � The aquatic resources within the above described project area have been identified under a previous action. Please reference
the preliminary jurisdictional determination issued May 4, 2018. Action ID: SAW-2015-00954.
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Remarks: See special conditions.
Date of JD: Mav 4, 2018 Expiration Date of JD: None PJD
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 our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.armv.mil/cm_apex/f?p=136:4:0.
Copy furnished:
NCDOT, Ms. Dianna Riffev
NCDOT Division 3, Mr. Mason Herndon
NCDEQ-DWR, Ms. Joanne Steenhuis
NC DMS, Ms. Beth Harmon
USACE, Mr. Todd Tuswell
SAW-2015-00954
SPECIAL CONDITIONS
1. The permittee will ensure that the construction design plans for this project do not deviate from the
permit plans attached to this authorization. Written verification shall be provided that the final
construction drawings comply with the attached permit drawings prior to any active construction in
waters of the United States, including wetlands. Any deviation in the construction design plans will
be brought to the attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to
any active construction in waters or wetlands.
2. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
3. This USACE permit does not authorize you to take a threatened or endangered species, in
particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to legally take
a listed species, you must have separate authorization under the Endangered Species Act (ESA)
(e.g., a Biological Opinion (BO) under the ESA, Section 7, with "incidental take" provisions
with which you must comply). The U.S. Fish and Wildlife Service's (USFWS's) Programmatic
BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion for North
Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina
(Divisions 1-8)," dated March 25, 2015, and adopted on April 10, 2015, contains mandatory
terms and conditions to implement the reasonable and prudent measures that are associated with
"incidental take" that are specified in the BO. Your authorization under this USACE permit is
conditioned upon your compliance with all the mandatory terms and conditions (incorporated by
reference into this permit) associated with incidental take of the BO. Failure to comply with the
terms and conditions associated with incidental take of the BO, where a take of the listed species
occurs, would constitute an unauthorized take, and would also constitute non-compliance with
your USACE permit. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its BO and with the ESA.
4. The U.S. Fish and Wildlife Service's (iJSFWS's) Programmatic Biological Opinion (BO) titled
"Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT
Divisions 1-8)," dated June 13, 2018, contains mandatory terms and conditions to implement the
reasonable and prudent measures that are associated with "incidental take" that are specified in the
BO. Your authorization under this Corps permit is conditional upon your compliance with all the
mandatory terms and conditions associated with incidental take of the BO, which terms and
conditions are incorporated by reference in this permit. Failure to comply with the terms and
conditions associated with incidental take of the BO, where a take of the listed species occurs, would
constitute an unauthorized take, and it would also constitute non-compliance with your Corps
permit. The USFWS is the appropriate authority to determine compliance with the terms and
conditions of its BO, and with the ESA.
Action ID Number: SAW-2015-00954 County: Brunswick Countv
Permittee: North Carolina Department of Transportation
Project Name: NCDOT / B 4438 / Br 47 over Juniper Swamp / NC 211 / Division 3
Date Verification Issued: December 19, 2018
Project Manager: Brad Shaver
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: Brad Shaver
69 Darlington Ave
Wilmington, NC 28403
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