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HomeMy WebLinkAboutNWP27_NCDMS Middendorf_SAW-2021-01973U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01973 County: Anson U.S.G.S. Quad: Morven West GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NC Division of Mitigation Services Permittee: Freese and Nichols, Inc. Attn: Mr. Lin Xu Attn: Jason Steele Address: 217 West Jones Street, Suite 3000A Address: 531 N. Liberty Street Raleigh, North Carolina 27603 Winston-Salem, NC 27101 Email: lin.xu@deq.nc.gov Email: Jason.Steele@freese.com Size (acres) 74.36 Nearest Town Wadesboro Nearest Waterway South Fork Jones Creek River Basin Yadkin USGS HUC 030402010202 Coordinates 34.854514, -80.105156 Location description: The NCDMS Middendorf Springs Mitigation site is located off Gulledge Road in Wadesboro, Anson County, North Carolina (PIN 646000760123). Description of projects area and activity: The co-applicants, NCDMS and Freese and Nichols, Inc. have requested a Department of the Army permit authorization to discharge dredged and/or fill material into waters of the United States associated with the NCDMS Middendorf Springs Mitigation Site. Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 167 linear feet of stream channel, and 2.768 acres of wetlands associated with mechanized land clearing, excavation, placement of fill material, and stream relocation activities for the mitigation site. Compensatory mitigation is NOT required in conjunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed summary of impacts. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 27. Aquatic Habitat Restoration, Enhancement, and Establishment Activities 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 received 07/02/2024, and additional information received via email on 08/01/2024. 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., SAW-2021-01973 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. 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 Erin Davis, (919) 930-1887. Corps Regulatory Official: Date: 8/21/2024 Expiration Date of Verification: March 14, 2026 SAW-2021-01973 Table 1. Authorized discharge of fill material into waters of the United States in association with the NCDMS Middendorf Springs Mitigation Site (SAW-2021-01973). 1. Total Impacts: Stream – 167 LF, Wetland 2.768 ac SAW-2021-01973 SAW-2021-01973 SAW-2021-01973 SAW-2021-01973 Fill Length of Stream (lf) Fill Area of Stream (ft2) Wetland Fill Acreage (ac) Regulated Discharge of Fill Material Activity TOTAL WETLAND IMPACTS 2.768 Ecological Restoration* TOTAL STREAM IMPACTS 167 919.4 Ecological Restoration* / Culvert Crossing** *Impacts associated with aquatic resource restoration and enhancement activities are expected to result in a net functional gain in Waters of the US. **Impacts associated with relocated farm road culvert crossings qualified as agricultural exemptions under 33 CFR Part 323.4(A)(6). SPECIAL CONDITIONS 1. The permittee understands and agrees that the document entitled “Middendorf Springs Mitigation Site - Final Mitigation Plan” dated December 2023, is incorporated and made part of this permit. Execution of the work and terms given in the approved mitigation plan are a condition of this permit. 2. This Nationwide Permit verification does not imply 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 the permit review process for that project. SAW-2021-01973 COMPLIANCE CERTIFICATION Action ID Number: SAW-2021-01973 County: Anson Permittee: NC Division of Mitigation Services Freese and Nichols, Inc Attn: Mr. Lin Xu Attn: Jason Steele Project Name: NCDMS Middendorf Springs Mitigation Site Date Verification Issued: 8/21/2024 Project Manager: Steve Kichefski 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 Regulatory Division Mitigation Office Attn: Steve Kichefski 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 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