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