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HomeMy WebLinkAbout20171294 Ver 1_USACE Permit_20191204U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01467 County: Yadkin U.S.G.S. Quad: NC-Yadkinville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Resource Environmental Solutions Brad Breslow Address: 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Telephone Number: 919-209-1062 E-mail: bbreslowAres.us Size (acres) 30.5 Nearest Town Boonville Nearest Waterway North Deep Creek River Basin Upper Pee Dee USGS HUC 03040101 Coordinates Latitude: 36.213241 Longitude:-80.693855 Location description: The Twiman Mitigation Bank is located both east and west of Reece Road, near Boonville, Yadkin County, North Carolina. The project area to the west is southwest of the terminus of Chico Lane. The proiect area to the east is located along the stream channel both north and south of Abraham Road, near its intersection with Reece Road. 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 Twiman Mitigation Site. Implementation of the proposed restoration and enhancement activities will result in the permanent discharge of fill material into 3,893 linear feet of stream channel, 0.04 acre of wetland, 1.38 acres of open water pond and temporary impacts to 0.230 acre of wetland, associated with mechanized land clearing, excavation, placement of fill material, stabilization and stream relocation activities for the mitigation site. Compensatory mitigation is NOT required in conjunction with the aforementioned activities. An additional 30 linear feet of permanent stream impact (culvert) and 73 linear feet of temporary stream impact are being constructed and/or upgraded for three agricultural stream crossings (two fords and a culvert) during the proiect implementation. Refer to the stream, wetland and open water impact tables, as well as the Proiect Impact May below for a detailed summary of impacts. Comments: The existing ford crossing maintenance and two new stream crossings (one culvert and one ford) being implemented as part of this proiect are considered agricultural or maintenance exemptions based on the applicants stated purpose, however potential permitting and/or compensatory mitigation requirements are at the discretion of future USACE determinations regarding the conversion and single and complete assessment of future projects. 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 NW? 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 6/6/2019 and the revised Final Mitigation Plan received August 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 (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 Steve Kichefski at 828-271-7980 ext. 4234 or steven.l.kichefski(&usace.army.mil. Digitally signed by KICHEFSKI.STEVEN.L.1386908539 KICHEFSKI.STEVEN.L.1386908539 Corps Regulatory Official: Date: 2019.12.0412:44:48-05'00' Date: 12/4/2019 Expiration Date of Verification: 3/18/2022 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/f?p=l36:4:0 Copy furnished (electronically): Twiman Mitigation Bank IRT SPECIAL CONDITIONS a. The permittee understands and agrees that the document entitled "Final Mitigation Plan — Twiman Mitigation Site" dated August 2019 are 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. c. Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this property and associated with this project/activity, are proposed at a later date, those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S. are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or intermittent* stream channel, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this project/activity. * The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case -by -case basis. All requests for waiver must be in writing and shall include rationale for the request. Twiman Mitigation Bank Wetland Impacts Site # * Reason * Impact type * Type of W. * Forested * Impact area * WI Stream Relocation Permanent Bottomland Hardwood Forest No 0.02 (acres) W2 Stream Relocation Temporary Bottomland Hardwood Forest No 0.08 (acres) W3 Stream Relocation Permanent Bottomland Hardwood Forest No 0.01 (acres) W4 Stream Relocation Temporary Bottomland Hardwood Forest No 10. 13 (acres) W5 Stream Relocation Permanent Bottomland Hardwood Forest No 0.01 (acres) W6 Stream Relocation Temporary Bottomland Hardwood Forest No 0.02 (acres) TwimanMitigation Bank Stream Impacts Reason for impact Impact type Stream Stream Type Stream width Impact length R name S1 Culvert Permanent TW2-A Perennial 5 Average (feet) 30 (linear feet) Installation S2 Culvert Temporary TW2-A Intermittent 5 Average (feet) 11 (linear feet) Installation S3 Stream Permanent TC2-B Perennial 6 Average (feet) 584 (linear feet) Restoration S4 Stream Permanent TC2-D Perennial 6 Average (feet) 84 (linear feet) Restoration S5 Stream Permanent TC 1-A Perennial 17 Average (feet) 1,662 (linear feet) Restoration S6 Stream Permanent TC3-13 Perennial 5 Average (feet) 599 (linear feet) Restoration S7 Stream Permanent TC6-A Perennial 3 Average (feet) 964 (linear feet) Restoration S8 Ford Crossing Temporary TC5-13 Intermittent 18 Average (feet) 30 (linear feet) S9 Ford Crossing Temporary ITC5-13 Intermittent 118 Average (feet) �32 (linear feet) Twiman Mitigation Bank Open Water Impacts Site # * Reason * Impact type * Waterbody Type * Impact area 01 Pond Removal Permanent Pond 0.54 (acres) 02 Pond Removal Permanent Pond 0.84 (acres) 6 i ImpactlO TemplPerm Aquatics ,,— AmalLengih 51 - Perm TN2.A - 82 Temp TWLA to 11ft fires S3 P.-_ 7C2Z 5649 84 Penn TC2.D 54fl S5 Perm 7C1-A 1662ft 56 - Perm - 70-9 5gg, 5 Parm 7C6-A 964fl $a Temp TCSB ap S9 Temp 7C5-8 329 vw Pemt wo 00z ac , M - Temp - m 40a. W3 Perm m 001 ac s.n W4 Temp WC 013ac 'Jt5 Panty vo 001ac m Temp - WS 002ac 01 Pemt pl 054an Fig-6 Praiedl ltapad[s oa - pe,m - Ps c Twiman ' Mitigation Project Y.dkin County, North Carolina J Leoentl i'mposetl Easement g� ,� ErisEinA wetand L-visting Top of Bank "open Water Ptoposetl Top of aenh Permanent Open Water Impact wetland -Permenem Impact Temporary wetland Impau Action ID Number: SAW-2017-01467 County: Yadkin Permittee: Resource Environmental Solutions, Brad Breslow Project Name: Twiman Mitigation Bank Date Verification Issued: 12/4/2019 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 Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 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