20100898 Ver 2_USACE Permit_20150709

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2010-01810 County:Surry USGS Quad: Yadkin
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Owner/Applicant:North Carolina Division of Mitigation Services Attn: Mr. Lin Xu
Address: 1652 Mail Service Center
Raleigh, NC 27699-1652
Authorized Agent: Michael Baker Engineering, Inc. Attn: Jake Byers
Address: 5797 Haywood Road, Suite 201
Asheville, NC 28806
Size and location of property (waterbody, road name/number, town, etc.): The Candiff Creek stream repair project is
located south of River Siloam Road, west of its intersection with Siloam Road, in Siloam, Surry County, North
Carolina. The project is associated with the Candiff Creek Stream Restoration Project (DMS ID no. 92767).
Site Coordinates: 35.4328 ºN -80.2470 ºW Waterway: Town Creek River Basin: Yadkin
Description of project area and activity: This permit authorizes excavation and the placement of fill material
associated with enhancement activities to address streambank erosion and mass wasting along 335 linear feet of an
unnamed tributary to Candiff Creek and 528 linear feet of Candiff Creek.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 27
SEE ATTACHED NATIONWIDE CONDITIONS AND SPECIAL CONDITIONS ON PAGE 2 OF THIS FORM
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 April 30, 2015. 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.
x 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.
x 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[phone]) to determine Section 401 requirements.
x 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.
x 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.
x If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contactTodd Tugwell at telephone [phone].
Corps Regulatory Official: Date: July 8, 2015
Expiration Date of Nationwide Permit Verification: March 18, 2017
TUGWELL.TODD.JASON.104842
9293
2015.07.08 15:17:34 -04'00'
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Summary of Authorized Impacts and Required Mitigation
NWP / GP # Open Water (ac) Wetland (ac) Unimportant Steam (lf) Important Stream (lf)
Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
27 0 0 0 0 0 863 0

Impact Totals 0 0 0 0 0 0 863 0
Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (lf) 0
Required Wetland Mitigation (ac) Required Stream Mitigation (lf) 0
Additional Remarks and/or Special Permit Conditions:
The following special conditions apply:
1. This Nationwide Permit verification does not imply approval of the suitability of this property for compensatory
mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a
particular project will be determined during our public interest review and 404 (b) (1) Guidelines analysis during
the permit review process for that project.
2. A tree cutting moratorium is required from April 15 to August 15 for trees greater than 3" to protect potential
roosting northern long-eared bats and non-volant pups. Additionally, selective cutting is limited to fewer than 30
larger diameter trees to use as in-stream structures for project construction.
3. Monitoring within the reach being repaired must be conducted for a minimum of one additional year beyond the
monitoring required in the mitigation plan. Monitoring must include visual assessments conducted at least twice a
year, and the installation and annual monitoring of at least two arrays of bank pins installed on the outter bends of
the repaired reach (locations to be determined by DMS).
2. The activity is conducted in accordance with the information submitted and meets the conditions applicable to the
NWP, as described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions.
3. The applicant acknowledges and agrees to selectively cut fewer than 30 larger diameter trees to use as in-stream
structures for project construction to protect potential roosting Northern Long-Ear Bats and non-volant pups.
4. The applicant acknowledges and agrees to a cutting moratorium from April 15 to August 15 for trees greater than 3” to
protect potential roosting Northern Long-Ear Bats and non-volant pups.
5. The applicant acknowledges and agrees to extend the current post-construction monitoring period from 5 years of
annual monitoring to 6 years of annual monitoring in order to demonstrate that the proposed activities are successful and
the on-site aquatic resources are not degraded. The monitoring will include the installation of bank pins to demonstrate
that the stream banks along UT1 and Candiff Creek remain stable.
6. The applicant acknowledges and agrees to provide a post-construction report including as-built and a map of
monitoring locations.
Copy Furnished: NCIRT (Electronic Copy)
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.
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Determination of Jurisdiction
A. 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).
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 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.
C.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 (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 the jurisdictional determination issued on
Basis of Jurisdictional Determination:
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 jurisdictional determinations as indicated in
B and C above):This correspondence constitutes an approved jurisdictional 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: [phone]
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 District Office if you do not object to the determination in this correspondence.
Corps Regulatory Official:
Date:July 7, 2015 Expiration Date of Jurisdictional Determination: July 7, 2020
TUGWELL.TODD.JASON.1048429293
2015.07.08 15:18:04 -04'00'
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: SAW-2010-01810 County: Cabarrus

Permittee: North Carolina Division of Mitigation Services Attn: Mr. Lin Xu
Date Permit Issued: July 8, 2015
Project Manager: Todd Tugwell
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the address of the Regulatory Field Office indicated below:
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Washington Regulatory Field Office
US Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
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