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HomeMy WebLinkAbout20171295 Ver 1_USACE Permit_20191204U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01469 County: Davie U.S.G.S. Quad: NC -Farmington 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) 13.22 Nearest Town Mocksville Nearest Waterway Hauser Creek River Basin Upper Pee Dee USGS HUC 03040101 Coordinates Latitude: 36.030798 Longitude:-80.516312 Location description: The Scout Mitigation Bank is located along Hauser Creek, south of Spillman Road, near Bermuda Run, Davie Countv. North Carolina. The nroiect area is located south and immediatelv downstream of the Mockingbird Mitigation Proiect and to the west of Sleepy Hollow 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 Scout Mitigation Site. Implementation of the proposed restoration and enhancement activities will result in the permanent discharge of fill material into 2,606 linear feet of stream channel, 0.03 acre of wetland and 0.26 acre of temporary wetland impact, 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 48 linear feet of permanent stream impact and 20 linear feet of temporary stream impact are being constructed for an agricultural stream crossing (new culvert) during the project implementation. Refer to the stream and wetland impact tables, as well as the Pro iect Impact Map below for a detailed summary of impacts. Comments: The new culvert stream crossing being constructed is agriculturally exempt 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/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 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 6/6/2019, the revised application submitted 8/6/2019 and the revised Final Mitigation Plan dated 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. KICHEFSKI.STEVEN.L.13869085 Digitally signed by KICH EFSKI.STEVEN.L.1386908539 Corps Regulatory Official: 39 Date: 2019.12.0415:25:45-05'00' 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/Pp=l 36:4:0 Copy furnished (electronically): Scout Mitigation Bank IRT SPECIAL CONDITIONS a. The permittee understands and agrees that the document entitled "Final Mitigation Plan — Scout 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. Scout Mitigation Bank Wetland Impacts Site # * Reason * Impact type * Type of W. * Forested * Impact area * W 1 Stream Relocation Temporary [Bottomland Hardwood Forest Yes 0.26 (acres) W2 Stream Relocation Permanent 113ottomland Hardwood Forest Yes 0.03 (acres) Scout Mitigation Bank Stream Impacts Reason for impactImpact type Stream Stream Type Stream wit Impact length name S1 Stream Relocation Permanent Hauser Perennial 7 Average (feet) 2,484 (linear feet) Creek (HC3) S2 Culvert Temporary Hauser Intermittent 7 Average (feet) 20 (linear feet) Installation Creek (HC3) S3 Culvert Permanent Hauser Perennial 7 Average (feet) 48 (linear feet) Installation Creek H(HC3) S4 Grading Permanent CH3 Intermittent 7 Average (feet)122 (linear feet) Action ID Number: SAW-2017-01469 County: Davie Permittee: Resource Environmental Solutions, Brad Breslow Project Name: Scout 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