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HomeMy WebLinkAbout20180182 Ver 2_SAW-2017-01927_RedBarnMitBank-NWP27verification_20191105U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01927 County: Sorry U.S.G.S. Quad: NC -Dobson GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Ecosystem Planning & Restoration, PLLC Kevin Tweedy, PE Address: 1150 SE Maynard Road, Suite 140 Cary, NC 27511 Telephone Number: 919-388-0787 E-mail: ktweedv(a),eprusa.net Size (acres) 25.4 Nearest Town Mount Airy Nearest Waterway Stewarts Creek River Basin Upper Pee Dee USGS HUC 03040101 Coordinates Latitude: 36.4898 Longitude:-80.6411 Location description: The Red Barn Mitigation Bank is located south of Ester Drive/Timeless Trail Road, south of NC80 and approximately 0.5 mile west of Mount Airy, in Sorry County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of dredged and/or fill material into waters of the United States associated with the Red Barn Mitigation Site. Imnlementation of the nronosed restoration and enhancement activities will result in the permanent discharge of fill material into 5,659 linear feet of stream channel and 0.35 acre of wetland impact. It also authorizes temporary impacts to 624 linear feet of stream channel associated with mechanized land clearing, excavation, placement of fill material, stabilization and stream relocation activities for the mitigation site. Comnensatory mitigation is NOT required in coniunction with the aforementioned activities. Refer to the table and figure below for a detailed summary of impacts. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 27. Aquatic Habitat Restoration, Establishment and Enhancement Activities 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 enclosed Conditions, your application signed and dated 8/29/2019, updated 11/4/2019 and the final mitigation plan received 8/29/2019. 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 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. 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 (LAMA), 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 Steve Kichefsld at 828-271-7980 ext. 4234 or steven.l.ldchefsld(a,usace.army.mil. KICHEFSKI.STEVEN.L.1 Digitally signed by KICH EFSKI.STEVEN.L.1386908539 Corps Regulatory Official: 386908539 Date: 2019.11.04 15:13:49 -05'00' Date: 11/4/2019 Expiration Date of Verification: 03/18/2022 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.army.mil/cm_apex/Pp=136:4:0 Copy furnished to IRT electronically Determination of Jurisdiction: A. ❑ 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 331). 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. 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 (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. C. ❑ 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. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 12/20/2018. Action ID: SAW-2018-01441. Basis For Determination: See the preliminary iurisdictional determination form dated 12/20/2018. Remarks: None. 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 jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction 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: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: KICHEFSKI.STEVEN.L.1386908539 Date: 2Digital1019.110415:1422 05I'OOEVEN.L.1386908539 Steve Kichefski Date of JD: 12/20/2018 Expiration Date of JD: Not applicable SPECIAL CONDITIONS a. The permittee understands and agrees that the document entitled "Final Mitigation Banking Instrument and Mitigation Plan — Red Barn Mitigation Bank Site" dated August 2019 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. b. 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 the permit review process for that project. Red Barn Mitigation Site Stream Impact Table 3a. Reason for 3b.Impact 3c. Type of 3d. S. name * 3e. Stream 3f. Type of 3g• • 3h. impact * (?) type * impact * Type * Jurisdiction width * Impact (?) len th SI Restoration Permanent Relocation UTIa Perennial Both 12 1,170 Average (linear (feet) feet) S2 Restoration Permanent Relocation UT2a/ JT2b Perennial Both 15 1,948 Average (linear (feet) feet) S3 Enhancement Temporary Stabilization UT2c Perennial Both 18 240 Average (linear (feet) feet) S4 Restoration Permanent Relocation UT3a Perennial Both 10 1,526 Average (linear (feet) feet) S5 Enhancement Temporary Stabilization UT3b Perennial Both 5 186 Average (linear (feet) feet) S6 Restoration Permanent Relocation UT3c Perennial Both 5 1,015 Average (linear (feet) feet) S7 Enhancement Temporary Stabilization UT3d Perennial Both 10 109 Average (linear (feet) feet) S8 Enhancement Temporary Stabilization UT4 Intermittent Both 5 89 Average (linear (feet) feet) Red Barn Mitigation Site Wetland Impact Table 2a. Site # 2a1 Reason * 2b. Impact 2c. Type of W. * 2d. W. name * 2e. 2f. Type of 2g. * 0 (?) type * l?) Forested Jurisdicitio Impact * n * 0 area W 1 Stream P Non -Tidal Ww No Both 0.060 Realignment Freshwater Marsh (acres) W2 Stream P Non -Tidal WB No Both 0.130 Realignment Freshwater Marsh (acres) W3 Stream P Non -Tidal WC No Both 0.100 Realignment Freshwater Marsh (acres) W4 Stream P Headwater Forest WD Yes Both 0.007 Realignment (acres) Action ID Number: SAW-2017-01927 County: Surry Permittee: Ecosystem Planning & Restoration, PLLC, Kevin Tweedy, PE Project Name: Red Barn Mitigation Bank Date Verification Issued: 11/4/2019 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 Attn: Steve Kichefski Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or steven.l.kichefski@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