Loading...
HomeMy WebLinkAboutMurphy's Ridge Division NWP-29 Draft ver2.pdf U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW2023-01606 County: Granville U.S.G.S.Quad:NC-Moriah GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Sage Ecological Services,Inc. Kim Hamlin Address: 3707 Swift Drive Raleigh,NC 27606 Telephone Number: 919-559-1537 E-mail: khamlin(&sageecological.com Size(acres) 220 Nearest Town Moriah Nearest Waterway Knay of the Reeds River Basin Neuse USGS HUC 0302020010401 Coordinates Latitude: 36.2509 Longitude:-78.7775 Location description:Proiect is located immediately north of the intersection of Enon Road and Crown Oaks Drive in Oxford, Granville County,NC.PIN 096000492238&09610516569 Description of projects area and activity: This verification authorizes the discharge of fill material into a total of 0.007 acres(333 sqft)and of wetlands stream impacts total 85 LF(664 SF/0.015 acre)to install one culvert,along with the discharge of riprap associated with a dissipator pad into 32 linear feet(828SF/0.019 acre)of stream channel(permanent impact,no loss)and the temporary dewatering of 58 linear feet(467SF/0.01 acre)of stream channel to facilitate culvert installation associated with the construction of a residential development with attendant infrastructure and road crossings Applicable Law(s): ©Section 404(Clean Water Act,33 USC 1344) ❑Section 10(Rivers and Harbors Act,33 USC 403) Authorization: PERMIT NUMBER SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions,your application signed and dated 8/7/2023, and the enclosed plans Murphy's Ridge Impact Plan dated 8/3/2023. 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,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 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 Richard Harmon at(919)801-8990or richard.g.harmon(&usace.army.mil. Corps Regulatory Official: Date: 09/07/2023 Expiration Date of Verification: 12/31/2026 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 http://corpsmapu.usace.artny.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Sage Ecological Services,Inc. Kim Hamlin Address: 3707 Swift Drive Raleigh,NC 27606 Telephone Number: 919-622-7888 E-mail: khamlinAsneecological.com Property Owner: Askeaton Reality,LLC John Downes Address: 3306 Edge View San Antonio,TX 78259 Telephone Number: 210-257-9503 E-mail: iohnydownsAyahoo.com SAW2023-01606 SPECIAL CONDITIONS a. "Suitable habitat for tricolored bat(Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act(ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps' (insert PM contact information here)to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work." Action ID Number: SAW2023-01606 County: Granville Permittee: Sage Ecological Services, Inc., Kim Hamlin Project Name: Murphy's Ridge Date Verification Issued: 09/07/2023 Project Manager: Richard Harmon 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: Richard Harmon Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or richard.g.harmon@usace.army.mil 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 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and Overview Information about the proposal subject to one or more of the United States Army Corps of Engineers' (Corps') regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 5 and findings are documented in Section 5 6 of this memorandum. Further, summary information about the activity including the administrative history of actions taken during project evaluation is attached (ORM2 summary) and incorporated into this memorandum. NOTE: This document uses the term pre-construction notification (PCN) to identify when notification is sent to the Corps to evaluate a proposed activity on a case-by-case basis to ensure that the activity will cause no more than minimal adverse environmental effects, individually and cumulatively for verification under a general permit (GP). While PCN is commonly associated with Nationwide Permit (NWP) verification requests, this document uses the term PCN for notification sent to the Corps for all GP verifications (i.e., NWPs, Regional GPs, Programmatic GPs). 1.1 Applicant name: Sage Ecological Services, Inc., Kim Hamlin 1.2 Activity location: Latitude: 36.2509 Longitude: -78.7775 Location description: Project is located immediately north of the intersection of Enon Road and Crown Oaks Drive in Oxford, Granville County, NC. PIN 096000492238 & 09610516569 1.3 Description of activity requiring verification:This verification would authorize the discharge of fill material into a total of 0.007 acres (333 sgft) and of wetlands stream impacts total 85 LF (664 SF / 0.015 acre) to install one culvert, along with the discharge of riprap associated with a dissipator pad into 32 linear feet (828SF/0.019 acre)of stream channel (permanent impact, no loss) and the temporary dewatering of 58 linear feet (467SF/0.01 acre) of stream channel to facilitate culvert installation associated with the construction of a residential development with attendant infrastructure and road crossings 1.4 Existing conditions and any applicable project history: After-the-fact: No. 1.4.1 Jurisdictional Determination: Is this project supported by a Jurisdictional Determination? Choose an item. Enter Date of AJD or HJU. Optional text- Describe here 1.5 Permit authority: Table 1- Permit Authority Section 10 of the Rivers and Harbors Act (33 USC 403) ❑ Section 404 of the Clean Water Act (33 USC 1344) ❑x 1.6 Applicable Permit: Permit Number(Add more if needed). 1.7 Waiver Discussion: Does the activity require a written waiver of the NWP limits? No. Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre-Construction Notification 2.1 Direct and indirect effects which are caused by the GP activity: Choose direct and indirect effects rationale. 2.2 Site specific factors: Choose site specific factors. 2.3 Coordination 2.3.1 Interagency Coordination Was the PCN coordinated with other agencies? No. If Yes, select an agency. If needed, select another agency. Choose rationale. If applicable, describe if additional issues were raised by the other agencies. Provide discussion including coordination of concerns with the applicant and the Corps' evaluation of the response. 2.3.2 Corps internal coordination Was the PCN coordinated with other Corps business lines? No. If Yes, select one. If Yes, select one. 3.0 Mitigation 3.1 Avoidance and minimization Provide brief description of how the activity has been designed on-site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site: The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. Provide more detail here if needed. NOTE: If the applicant has not done an adequate job describing avoidance and minimization measures, the application is incomplete per General Condition 32(b)(4) and may not qualify for a NWP per General Condition 23(a). Describe other mitigative actions including project modifications implemented to minimize adverse project impacts? (see 33 CFR 320.4(r)(1)(i)) Describe here. 3.2 Compensatory mitigation requirement Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? No. Provide rationale: Provide rationale or select one of the choices if appropriate. Provide rationale or select one of the choices if appropriate. Provide additional discussion, if needed. 4.0 Compliance with Other Laws, Policies and Requirements 4.1 Section 7(a)(2) of the Endangered Species Act (ESA) 4.1.1 ESA action area: Describe the ESA Action Area 4.1.2 Lead federal agency for Section 7 of the ESA Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 4.1.3 Listed/proposed species and/or designated/proposed critical habitat Are there listed or proposed species or designated critical habitat or proposed critical habitat that may be present or in the vicinity of the Corps' action area? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Granville County: Northern Long-Eared Bat (Myotis septentrionalis) - Endangered - Listed Tricolored bat (Perimyotis subflavus) - Proposed Endangered - Proposed for Listing Green floater (Lasmigona subviridis) - Proposed Threatened - Proposed for Listing Harperella (Ptilimnium nodosum) - Endangered - Listed Dwarf wedgemussel (Alasmidonta heterodon) - Endangered - Listed Neuse River waterdog (Necturus lewisi) - Threatened - Listed Smooth coneflower (Echinacea laevigata) - Threatened - Listed Atlantic pigtoe (Fusconaia masoni) - Threatened - Listed Yellow lance (Elliptio lanceolata) - Threatened - Listed Carolina madtom (Noturus furiosus) - Endangered - Listed Effect determi nation(s), including no effect, for all known species/habitat, and basis for determi nation(s): Select effects determination rationale. Provide determination(s). Provide additional discussion, if needed. 4.1.4 Section 7 ESA consultation Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). Select for SLOPES or PBO situations. Provide additional discussion as needed to describe consultation with Service(s), or delete if not neede, Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 4.2 Magnuson-Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) Select N/A if appropriate. 4.2.1 Lead federal agency for EFH provisions of the Magnuson-Stevens Act Has another federal agency taken steps to comply with EFH provisions of Magnuson-Stevens Act with the Corps designated as a cooperating agency and has that consultation been completed? No. 4.2.2 Magnuson-Stevens Act Did the proposed project require review under the Magnuson-Stevens Act? No. Select appropriate response or leave blank. Provide additional discussion, if needed. 4.3 Section 106 of the National Historic Preservation Act (Section 106) 4.3.1 Section 106 permit area The permit area includes Select first choice if the permit area includes uplands in addition to waters, and the second choice if the permit area includes only waters.those areas comprising waters of the United States that will be directly affected by the proposed work or structuresSe/ect first choice if the permit area includes uplands in addition to waters, and the second choice if the permit area includes only waters. Final description of the permit area: Select appropriate option. Select rationale. Provide discussion as needed. 4.3.2 Lead federal agency for Section 106 of the National Historic Preservation Act Has another federal agency been identified as the lead federal agency for complying with Section 106 of the National Historic Preservation Act with the Corps designated as a cooperating agency and has that consultation been completed? No. 4.3.3 Historic properties Known historic properties? No. Select appropriate option. Provide discussion as appropriate. Effect determination and basis for that determination: Select determination. Select rationale for no potential to effect. Select rationale for other determinations. Provide additional rationale here as needed. 4.3.4 Consultation with the appropriate agencies, tribes and/or other parties for effect determinations Consultation was initiated and completed with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects." (see the attached ORM2 Summary sheet for begin date, end date and closure method of the consultation) Select appropriate option. Enter date received. Select sentence if MOA was executed. Enter date of MOA. Provide additional discussion here as needed. 4.4 Tribal Trust Responsibilities 4.4.1 Tribal government-to-government consultation Was government-to-government consultation conducted with Federally-recognized Tribe(s)? No. There are no known tribal interests in the project area. Provide a description of any consultation(s) conducted including results and how concerns were addressed. Provide additional discussion here as needed or delete. 4.4.2 Other Tribal consultation Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No. 4.5 Section 401 of the Clean Water Act— Water Quality Certification (WQC) 4.5.1 Section 401 WQC requirement Is a Section 401 WQC required, and if so, has the certification been issued or waived? Select appropriate option. Provide additional discussion here as needed or delete. 4.5.2 401(a)(2) Process If the certifying authority granted an individual WQC, did the United States Environmental Protection Agency make a determination that the discharge `may affect' water quality in a neighboring jurisdiction? Select Yes or No Provide an explanation of the determination of the effect on neighboring jurisdiction. Provide additional discussion here. 4.6 Coastal Zone Management Act (CZMA) 4.6.1 CZMA consistency concurrence Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, objected to, or presumed? Select appropriate option. 4.7 Wild and Scenic Rivers Act 4.7.1 National Wild and Scenic River System Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 4.8 Effects on Corps Civil Works Projects (33 USC 408) 4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33 USC 408) Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. Provide additional discussion here as needed or delete. 4.9 Other (as needed) Select N/A or enter text. 4.10 Compliance Statement The Corps has determined that it has fulfilled its responsibilities under the following laws, regulations, policies, and guidance: Table 4 — Compliance with Federal Laws and Responsibilities Laws, Regulations, Policies, and Yes N/A Guidance Section 7 a 2 of the ESA EFH provisions of the Magnuson-Stevens Act Section 106 of the NHPA Tribal Trust Section 401 of the CWA CZMA Wild and Scenic Rivers Act Section 408 - 33 USC 408 Other: Select N/A or enter other laws, regulations, policies, and guidance identified in Section 4.9 above. 5.0 Special Conditions 5.1 Special condition(s) requirement(s) Are special conditions required to ensure minimal effects, ensure the authorized activity is not contrary to the public interest and/or ensure compliance of the activity with any of the laws above? No. If no, provide rationale: Select option as appropriate or provide discussion. 6.0 Determination 6.1 General Permit Statement The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest. 6.2 Compliance Statement This activity, as described, complies with all terms and conditions of the Select one. identified in Section 1.5. PREPARED BY: Date: 09/07/2023 Richard Harmon REVIEWED BY: Date: Enter name of appropriate level reviewer APPROVED BY: Date: Enter name of appropriate level approver