HomeMy WebLinkAbout20171408 Ver 2_17-11-16_NCDOT_B-4750_BR 90_SR 1719_Brannon Rd_Franklin_NWP14__20190603U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00815 County: Franklin County U.S.G.S. Quad: Bunn West
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT; Division of Highways
ATTN: Mr. J. R. Hopkins, P.E., Division Engineer
Address: 2612 North Duke Street
Durham, North Carolina 27704
Telephone: (919) 220-4633 (Chris Murray)
Size (acres) 6_9 Nearest Town Bunn
Nearest Waterway Norris Creek & UTs River Basin Pamlico
USGS HUC 03020101 Coordinates Latitude: 35.925939; Longitude:-78.273725
Location description: Bridge No. 90 over Norris Creek on SR 1719, Brannon Road, south of Bunn, NC.
Description of projects area and activity: TIP B-4750; Bridge Replacement impacting 0.18 acre of Section 404 wetlands, 0.06
acre of non -Section 4 wetlands, and 7 linear feet of stream.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344); ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: NWP 14 Linear Transportation Proiects.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND 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 and attached information dated 11/03/2017. 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.
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 Eric Alsmever at (919) 554-4884 X 23 or Eric.C.Alsmever(&usace.armv.mil.
Digitally signed by MATTHEWS.MONTE.K.1284867633
MATTHEWS.MONTE.K.1284867633 D�=MATTHEWS.MONTE.K.1284867633D, ou=PKl, —USA,
Corps Regulatory Official: Date: 2017.11.21Uh13:12-OS'00'
Expiration Date of Verification: 03/18/2022
Page 1 of 3
Date: November 20, 2017
SAW-2016-00815
SPECIAL CONDITIONS
1. 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.
2. 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 May 4, 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.
End of special conditions
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 . Action ID: SAW -
Basis For Determination: A preliminary jurisdictional determination was done for this site, with the exception of Wetland
G. For Wetland G, See attached APPROVED JURISDICTIONAL DETERMINATION FORM. The project study area contains
jurisdictional waters of the US, Norton Creek and tributaries, with ordinary high water marks, and associated wetlands. Norton Creek
is a tributary of Crooked Creek, and the Tar River. The Tar River is a Traditional Navigable Water.
Remarks: This JD was confirmed by field inspection on 4/21/2016. The drawings on the attached Figures 3A, 313, and 3C,
"USACE REVIEWED 4-21-2016, JURISDICTIONAL FEATURES, BRIDGE REPLACEMENT; BRIDGE NO. 90 ON SR 1719,
OVER NORRIS CREEK, TIP PROJECT B-4750", dated April 2016 and May 2016, generally depict the approximate boundaries and
locations of potential jurisdictional waters of the US within the subject study area. Wetland WG, as shown on the attached Figures 3A
and 3B, is an isolated wetland, not subject to Section 404 of the Clean Water Act.
Page 2 of 3
SAW-2016-00815
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
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
MATTHEWS.MONTE.K.1284867633
Monte Matthews
Date of JD: 11/20/2017
Expiration Date of JD: 11/20/2022
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 our Customer Satisfaction Survey, located online at
hqp:Hcop2smgpu.usace.army.mil/cm apex/f?p=136A:0.
Copy furnished:
Agent: Heather Smith
Ecological Engineering, LLP
Address: 1151 SE Cary Parkway
Suite 101
Cary, NC, 27518
Telephone Number: (919) 557-0929
Page 3 of 3
Action ID Number: SAW-2016-00815 County: Franklin County
Permittee: J. R. Hopkins, P.E., NC Department of Transportation
Project Name: NCDOT/Bridge Replacement Bridge No. 90/SR 1719/ over Norris Creek/TIP B-4750
Date Verification Issued: November 20, 2017
Project Manager: Eric Alsmever
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: Eric Alsmeyer
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, 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 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
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND I
REQUEST FOR APPEAL
licant: NC Dept of Transportation, J. R. Hopkins, P.E.,
lAttached
File Number: SAW-2016-00815
Date: November 20, 2017
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
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. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg 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 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 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 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 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 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.
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:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division,
CESAD-PDO
Attn: Eric Alsmeyer
U.S. Army Corps of Engineers, South Atlantic Division
Raleigh Regulatory Field Office
60 Forsyth Street, Room 1OM15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, NC 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 opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
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