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Home My WebLink About20090900 Ver 1_Other Agency Correspondence_20090918 u.s. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ill. SAW-2009-01710 County: Orange USGS Quad: Chapel Hill DENR . WATERQUAUlY GENERAL PERMIT (REGIONAL AND NATION"VIDE) VERI~~"TEftBAANCH SEP 1 8 2009 Property Owner / Authorized Agent: Town of Chapel Hill, Stormwater Management Division--Attn: Chris Jensen Address: 405 Martin Luther King Jr. Blvd. Chapel Hill, North Carolina 27514-5705 Telephone No.: 919-963-7233 Size and location of property (water body, road name/number, town, etc.): 0.25 acre (approximately); The site is located approximately 150 feet northwest of the Pinehurst Drive, Burning Tree Drive intersection in Chapel Hill, Orange County, North Carolina and is identified as the BUrIlinf! Tree Drive Storm water Improvements Proiect. Description of projects area and activity: This authorization is for the permanent and temporary discharge of clean fill material for the following: 1) Site Sl--50 linear feet of permanent jurisdictional stream impact associated with the installation of a rock dissipator pad and a single rock cross vane (NWP3); 2) Site Sl-- 100 linear feet of temporary jurisdictional stream impact associated with the installation of rock check dams and stream diversion (NWP3); 3) Site S2--33 linear feet of permanent jurisdictional stream impact associated with the replacement of dual 24 inch pipes with a 6 foot by 3 foot precast concrete box culvert including wingwalls and rip rap stabilization at the inlet and outlet (NWP3); 4) Site S2--36 linear feet of temporary jurisdictional stream impact associated with the installation of check dams and dewatering (NWP3); 5) Site 01--0.003 acre permanent open water impact associated with the installation of dual stormwater pipes and the construction of a headwall (NWP 18); 6) Site 01- -0,024 acre of temporary open water impact associated with dewatering for construction of the dual stormwater pipes and headwall. The project must be conducted in accordance with the application and drawings submitted on August 31, 2009. Applicable Law: ~ Section 404 (Clean Water Act, 33 USC 1344) D Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Pennit Number: _ Nationwide Permit Number: 3, 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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 pennit 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 Quality (telephone (919) 733-1786) to detennine 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. 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. Ifthere are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at telephone number 9l9-554-4884 extension 26. Corps Regulatory Official An~ tJ,~ Date: September 16,2009 Page 1 of 3 Expiration Date of Verification: September 16, 2011 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 our website at http://regulatory.usacesurvey.com/to complete the survey online. Determination of Jurisdiction: o Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). o 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 and Section 404 of the Clean Water Act. 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. C8J There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CW A)(33 USC 9 1344). Unless there is a change in the law or our published regulations, this detern1ination may be relied upon for a period not to exceed five years from the date of this notification. o The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _' Action ID _ Basis of Jurisdictional Determination: The stream is a relativelv permanent water (RPW) and an unnamed tributarv to Little Creek, an RPW. Little Creek is a tributarv to Jordan Lake, a traditionallv navil!:able water (TNW). Jordan Lake discharl!:es to the Haw River, a TNW. The Haw River is a tributarv to the Cape Fear River, a navil!:able water of the United States. The Ordinarv Hil!:h Water Mark (OHWM) of the unnamed tributarv was indicated bv the followinl!: phvsical characteristics: clear natural line impressed on the bank, she1vinl!:, chanl!:es in the character of the soil, and the destruction of terrestrial vel!:etation. The unnamed pond flows to Little Creek. The OHWM of the unnamed pond was indicated bv: a clear natural line impressed on the bank and the absence of terrestrial vel!:etation. This jurisdictional determination is onlv for the waters proposed for impacts associated with these Nationwide Permits and does not include any other waters/wetlands that mav be located on the propertv. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RF A) form. If you request to appeal this determination you must submit a completed RF A form to the following address: District Engineer, Wilmington Regulatory Division Attn: Andrew Williams, Project Manager, Raleigh Regulatory Field Office U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 In order for an RF A 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 District Office within 60 days of the date of the NAP. Should you decide to submit an RF A form, it must be received at the above address by November 16, 2009. **1t is not necessary to submit an RF A form to the District Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: An~ .t/~ Date September 16.2009 Expiration Date September 16. 2014 Page 201'3 ummary 0 ut onze mpacts an ec Ulre I 19a IOn Action ID NWP I OP Open Water (ac) Wetland (ac) Unimportant Steam (If) Important Stream (If) # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent SA W-2009- NWP3 136 83 01710 NWP 18 0.024 0.003 Impact Totals 0.024 0.003 136 83 Total Loss of Waters of the U.S. (ac) I 0.003 I Total Loss of Waters of the U.S. (If) 83 Required Wetland Mitigation (ac) 10 I Required Stream Mitigation (If) I 0 S fA h . dI dR' d M'f f Special Permit Conditions: NA SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Cindy Carr Mulkey Engineers & Consultants, Inc. P.O. Box 33127 Raleigh, North Carolina 27636-3127 Lia Oilleski 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27604 Page 3 of 3 Action ID Number:SA W-2009-01710 County:Orange Permittee: Town of Chapel Hill, Stormwater Management Division--Attn: Chris Jensen Date Verification Issued: September 16, 2009 Project Manager: Andrew Williams 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 3331 HERITAGE TRADE DRIVE, SUITE 105 WAKE FOREST, NORTH CAROLINA 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. 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 Applicant: Town of Chapel Hill, Stormwater Management Division--Attn: Chris Jensen Attached is: INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) PROFFERED PERMIT (Standard Permit or Letter of permission) PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION See Section below A B C D E Co 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 ofa 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 ofthe date ofthis 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 ofthe 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. If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Andrew Williams, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R U.S. Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 9M15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 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 appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Andrew Williams, Project Manager, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801