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Home My WebLink About20190118 Ver 2_USACE NWP verification__20190402U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02510 County: �+'ra��ctdra C+�u�tt�r U.S.G.S. Quad: �t�l� ��tmt� GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: 1~1+��dt��• 0'4"��n�� u�� CwN'C` �D� a��°i��ar�r�t a�� 1`'��w��;� ��°��t�i�r�t �ir��iiu�w � Address: 2612 N. Duke Street ��rh�r�r, '��; �"�"]"�M4 Telephone Number: 919-220-4600 Size (acres) Nearest Town �.,c��r��tr� Nearest Waterway I.��+�1� +�`rs��l�+� +�°rc�� River Basin Pamlico USGS HUC 03020101 Coordinates Latitude: 36.201244 Longitude: -�'�i.��+� Location description: �['1t� ��k�►`��c� �itc �:� t;x� °t�r� �� M,�� '�R lAl� ��"tx�t� ��r�tl� ��1. av+�t� 1'�+��^ils C"r�� ::�°es�� ne��• ��e �swew�u +��'i Lr�w�i�l��a�� Tr��wnlc�i�� 'r��r�� 3��•��ru +C"��ir��. � Description of projects area and activity: "T'�u�s ��e�r��i� w�r��'��:�t'i��ta �wMMa�rr� 1"��r �.12 ��•� �'�� c��tr��u�n��t rYw�:tl�r�c� �� art:^� fr'�a�mt i�1� ,�n�c� �+� li�n�� `��L" ��" ��c�c�t s�sr��r�,��w��Y�� wra� ��c�Y� �'��rrr� ��n� �t�b�l�x�t��u 6c►a� �� re aT�c�r��crn� r�f bw•��I a �f� w�witl� � �a�Mm�� : wr� t`I�� s�Ma�� [�+��t��►�a�� it� �o��iear� �s r�+� u��cis f�c�r tl�i� �� . ew�;��. 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: NWP 3 Maintenance SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL �,�"�t'��)'I�' i'+�1"VV"S Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated ��san�aa� �.� �Ql'�'�. 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, priar to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general permit autharization 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional genera] perniit'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 occun�ing within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning wark you must contact the N.C. Division of Coastal Management in Marehead 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 yuestions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please coiltact �a�Ar��s� �,��un �� r� ��at� ^� � � ��-�"�'��W ��° ��n��:�,t".L��iar� u��• rr��u��uc;��raa� r.r��m�. LASTINGERJAME �As:��Ew,AME=.�,363�,�<� Corps Regulatory Official: S.C.13636424Q0_ ,;;; c ,,,'�n^ , `�' Date: J'4?a,��°+cl� � 2��'I� Expiration Date of Verification: '�'8�r•�� 'I� ��1'�Z� 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 our Customer Satisfaction Survey, located online at 1��µ��"/�,�a��r�� .��.,��m�mwt� r�r�� li'�m��r�:��`f�"m�� (i:4�',�0. Copy furnished: SAW-2016-02510 SPECIAL CONDITIONS 1. In order to com ensate for im acts associated with this ermit miti ation shall be rovided in accordance with t�e rovisions outlined or� the ��t�:�� recent version of the attached Com e�sato Miti ation I�es ansibil�! �� Transfer Form. The re uirements c�f �this �'+�r•�� includin an s ecial conditions listed on this form are l�ereb in+c:t�r• ca�µ��t as s ecial conditions of this ermit authorization. 2. This USACE ermit does not autharize ou to take a threatened or endan ered s ecies in articular th�e Northern Lon -eared Bat NLEB M otis se tentrionalis . In order to le all take a listed s ecies ou must have Se arate ��t�ro+�r�i~��ti+�rz under the Endan ered S ecies Act ESA �c� . ,��u ��i+�a�l� i�;�N �.� �rwar�� u�n+��° ti�� ',ws�. ��+ct�i�r�� ?' °�SGt1� ��i��a:i��aKaa�t�l t��'� �•��a��+�a�� °��it which ou must com 1. The U.S. Fish and "��V'i��`� Service's USFWS's Pro rammatic BO t�tl�,�� '"�vt��-tl�c��•�a ��u� ��r�+e+� 1�� 1'�L�l� ��°r� ��•��at�u�.�ki+� �i��t� ��I �:� union for North Carolina l�w�r ��•�rt��u� ��f'"I"�°��a� ��at��or� 1�C"l�(�"�� ^��ities in Eastern North dC"a�Mc'�L�r�� i�i�i�:�� -� " dated March 25 2Q� S and ado ted on Ma 4 2��15 contains mandato terms and conditic�ns t� im lement the reaa�n��a and rudent measures that are assc�ciated �vid�� "incidental take" that ;��g � ��i��ci ira tA�c� I�t.D, '�"our authorization und�*�� :� L��"l� ��s�n��a:k �� r��cl��c�r��.�r� �� m� �aa��• �Trr�� . �'�anu�c� �r�ait%� ��1 tY�� .r��r��t� ��°a�� a�+� +�+��ii�wi��:� rn�� r��M�tc� �a � ��`��+�� i�n�tl�� I�ii� ��r'��t ��z�ai�t��+�+� vv��t1� incidental take of the B�� +w��i��r�� +rw �� wp��1�w the terms and conditions associated wixl� i�aeidental take �f the BO �rvl�+�:i°e a take of the listed s ecies occurs w�uld constitute an unauthorized take and would also Constitute non�-com �'i��c� with our USACE ��c�°��it. "TI�� 1�;1�'1%'� �:� �M�� . �w�:� ��t�� r�r�t� �� c��•rxai��+� �+�� Ii;�nce with the terms and eonditions of its B�) and with the ESA. Action ID Number: �a�""�-��fi��l�� County: ;� ��i�� "�►��at Permittee: �-I��t1��° 6"v�a��zt� a�c� ��: ��!+� ��w��r��n��fi �wff" °l'�•�� a��ha��iwaaat 1"�iw��i�icr� 5� Project Name: N�;��:�T' f�r°i+� � ��,� ��;�w�,r��+�� t" F��. ;�t� ��-;��Ic�� : � �� 1'ca�� ±�a�ait�� cl �l� 1�1� c�v�� Devils Cradle �:�"��t�;17BP.5.R.66 Date Verification Issued: �'.�tr�� i �(}�� Project Manager: .��:�+�s 1��i�� 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 Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27587 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 revolcing 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 „,,,, , , , ,,,, , , , ,,,,,, , , � ;, � � „� ;�,;;'� ii i i / / / N�1TtF..I�AT�(7►�T OF ADMI=I�T��`�AT� 1�'F ,,,,, �E AP AL 4PTTON� ANI� pRU�E�� A1�1 /,�,�„%,,, � „ ��, �� ,,,, ,,,��„�,,, „ , � ��%�liij , , ,,,,, „ , ,,,,,,,, ;,� ,� ,, ',%, „ , ii�,��, „ , , ,� % ,/, ,,, ,,,/��„< � ; �T ��I�,,AI� ;EA�,,, ; / ii �,, ., ��iii� „ i;; ��r � �% ,��, „ , „ ,,,; �� ,,,, �;,,, , � � „ �. , „ � � ,,,,,,,, , /iii ` / ,,,, ,.... , - „ i „ , ,,,..., i �, , �,,,, � ,,,,,,,, � ” � � / o � ,;: � / < � / ,i ii� i iii . ...../ %%% �, / �, �' � � i„ � / „ i/ / l i �� // � /,,,,�� ` � %� / i� / �i � / � � ,,; �,. / �� / i i _ /%, / / � i%, i iiiiii� /ii iiii/ ///ii o ,,,,, ,,,, , i/ i� � / ... %/ %�/ <��, // %/ / i � ii /// �ri / � ��i /i� / jra .%i%i / � . i �ii� �� U � i , / i / i /i � � i / iii /// / ////%/, i �� i,.: % /, /��,.. i i , i i,�;,� in. ,,,,.,��>„ ,,,�/,..,r /////� „� , �,.a� ,,, ,. l. � �..,%��„�,,.,,,,,,, „ /, � ,�,,, �-� i�„ �,,,, ✓� � ✓i � %�� /l.f /�� ,,,,,,,, ,,,,,,,.,, � , ,i�,,,,,i,,,,, „ ,,,. , , , ,,, ,,,�: „ , . , , . i" isr Applicant: Heather Montague, NC Department of F11e Number: SAW-2016-02510 Date: March 6, 2019 Transportation Division 5 Attached is: � See Section below � ' INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A PROFFERED PERMIT (Standard Permit or Letter of ermission B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision. Adda�� l�ati�t�at�33 CFR Par�33duat �t��.�"l�ri��r ��:�� '��a��i��'l�ai��r��1��;��i�,�t�ro��„�N��,�.�.t��M��c��'�M�� °��,�; or ��,�,�.�.....�. __.. , C� A: INITIAL PROFFERED PERMIT: You may accept or object to the pennit. • ACCEPT: If you received a Standard Permit, you may sign the permit docuinent and return it to tlie 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 Permit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rights to appeal the pei7nit, including its tenns and conditions, and approved jurisdictional deterniinations associated with the pei7nit. • OBJECT: If you object to the pern�it (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this farm and retum the fonn to the district engineer. Your objections must be received by the district engineer within 60 days of the date of tl�is 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) 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 seiid you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may acce�t or appeal the permit � ACCEPT: If you received a Standard Perinit, 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 on tlie Sta�idard Perniit or acceptance of the LOP means that you accept the pennit in its entirety, aiid waive all rights to appeal the pei7nit, including its terms and conditions, and approved jurisdictiona] determinations associated with the permit. * APPEAL: If you cl�oose to decline the proffered permit (Standard or LOP) because of certain tenns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this fonn and sending the forni to the division eiigiileer. This form must Ue received by tlie 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 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. 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 Co�ps of Engineers Administrative Appeal Process Uy completing Section lI of this form and se�iding tlie form to the divisio�l engineer. Tliis form must be received by the divisioii eugineer within 60 days of tlle date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminaiy JD is not appealable. If you wish, you may request an ap�roved 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 - RE UEST FOR APPEAL or OBJECTIONS TO AN IIVITIAL PROFFERED PERMIT mmm_� �., � �.F.�;� _.� REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered pernut in clear concise stateinents. You inay attach additional inforination 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 th�� __.. ..... � �e adminish-ative record, the Corps inemorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has deteriiiined is needed to clarify the administrative record. Neither the appellant nor the Corps inay add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. POINT OF CONTACT FOR _(�UESTIONS QR 1NFORMATION: ; ° _...� . � .....� If you have c�uestions 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 Raleigh Regulatory Field Of�ce CESAD-PDO Attn: James Lastinger U.S. Army Coips of Engineers, South Atlantic Division 69 Darlington Avenue 60 Forsyth Street, Room l OM15 Wilmington, North Carolina 28403 Atlanta, Geargia 30303-8801 919-554-4884 ext 32 Phone: (404) 562-5137 �,. �.......�......... _.__ ........ _�... RIGHT OF ENTRY: Your signature below grants the right of entry to Co�ps of Engineers pe�sonnel, and any government consultants, to co�lduct investigatio�Is of tlie project site during the cow�se of the appeal process. You will Ue provided a 15 day notice of an site investi ation, and will have the o orh�nity to artici ate in all site investi ations. .rv_w� . ......... Datc: Telephone number: Si nature of a� ellant or a ent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 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