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HomeMy WebLinkAbout20190745 Ver 1_NW permit_20190717Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2005-9988983 County: Brunswick Count U.S.G.S. Quad: Kure Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VEREnCATION Permittee: NC Department of Transportation Attn: Mr. Brian Doliber, Ferry Division Address: 159 Lucinda Lane Powells Point, NC 27889 Size (acres) 12.18 Nearest Town Southpor Nearest Waterway Price Creek River Basin Cape Fea USGS HUC 03030005 Coordinates Latitude: 33.9334 Longitude: -77.9918 Location description: The project is located along the Southport spoil disposal site at Prices Creek must outside Southport Brunswick County. Description of projects area and activity: This nationwide 13 authorizes shoreline stabilization of an additional 78.59 linear feet of shoreline alonLZ their existing spoil disposal area. 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: NW-13 SEE A TTA CHED R GP or NWP GENERAL, REGIONAL ANDIOR 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 application dated 6/20/2019 and plans 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 expiratiou date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior 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 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 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 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 twenty 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.army.mi Corps Regulatory Official: Date: July 17, 2019 Expiration Date of Verification: March 18,2022 SAW-2005-9988983 A. Determination of Jurisdiction: 1. F-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 33 1). 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. F-1 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. F-1 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. 4. Z 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. F-1 The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: None. 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 hLtp:Hcou2smgpu.usace.anny.mil/cm gpex/f?p=l36:4:0. Copy famished: NCDEO-DWR attn: Ms. Joanne Steenhuis NCDEO-DCM attn: Mr. Stephen Lane Action ID Number: SAW-2005-9988983 County: Brunswick County Permittee: NC Department of Transportation Ferry Division Project Name: NCDOT/SOUTHPORT FERRY TERMINAL/RIP RAP/Division 3 Date Verification Issued: July 3, 2019 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