HomeMy WebLinkAbout20171291 Ver 1_USACE Permit_20191204U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-01462 County: Surry U.S.G.S. Quad: NC -Bottom
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) 11.22 Nearest Town Elkin
Nearest Waterway Mill Creek River Basin Yadkin River Basin
USGS HUC 03040101 Coordinates Latitude: 36.39659
Longitude:-80.85833
Location description: The Gideon Mitigation Site is located east of the terminus of Ed Nixon Road near Elkin, Surry 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 Gideon Mitigation Site. Implementation of the uronosed restoration and enhancement
activities will result in the permanent discharge of fill material into 2,074 linear feet of stream channel and 0.123 acre of
wetland associated with mechanized land clearing, excavation, placement of fill material, stabilization and stream relocation
activities for the mitigation site. Temporary impacts to 0.444 acre of wetland are also authorized as part of the mitigation
proiect. Compensatory mitigation is NOT required in coniunction with the aforementioned activities. An additional 24 linear
feet of permanent stream impact, 7 linear feet of temporary stream impact and 0.009 acre of wetland impact are being
constructed for a culvert installation at the location of an existing agricultural stream crossing during the proiect
implementation. Refer to the stream and wetland impact tables. as well as the Proiect Impact Man below for a detailed
summary of impacts.
Comments: The new culvert installation at an existing crossing is currently being considered agriculturally exempt for current
use, 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 proiects.
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, then revised 8/6/2019, the 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(a)usace.army.mil.
KICHEFSKI.STEVEN.L.1386908 Digitally signed by
KI C H E FS KI.STEV E N. L.1386908539
Corps Regulatory Official: 539 Date: 2019.12.0410:10:16-05'00' Date: 12/4/2019
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/f?p=l 36:4:0
Copy furnished (electronically): Gideon Mitigation Bank IRT
SPECIAL CONDITIONS
a. The permittee understands and agrees that the document entitled "Final Mitigation Plan — Gideon
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.
Gideon Mitigation Bank Wetland Impacts
Site # *
Reason *
Impact Type *
Type of Wetland *
Forested *
Impact area *
W 1
Crossing Installation
Permanent
Bottomland Hardwood
No
0.009 (acres)
Forest
W2
Stream Restoration
Temporary
Bottomland Hardwood
No
0.304 (acres)
Forest
W3
Stream Restoration
Permanent
Bottomland Hardwood
No
0.044 (acres)
Forest
W4
Stream Restoration
Temporary
Bottomland Hardwood
Yes
0.132 (acres)
Forest
W5
Stream Restoration
Permanent
Bottomland Hardwood
Yes
0.079 (acres)
Forest
[W6
Grading
Temporary
Bottomland Hardwood
Yes
0.008 (acres)
Forest
Gideon Mitigation Bank Stream Impacts
:A
Reason for impact *
Impact type *
Stream name *
Stream Type *
Stream width *
Impact length *
S1
Relocation
Permanent
MC2-A
Perennial
17 Average (feet)
1,110 (linear feet)
S2
Culvert
Permanent
JN6-C
Perennial
6 Average (feet)
24 (linear feet)
S3
Culvert
Temporary
JN6-C
Perennial
6 Average (feet)
7 (linear feet)
S4
Relocation
Permanent
JN6-C
Perennial
6 Average (feet)
964 (linear feet)
Action ID Number: SAW-2017-01462 County: Surry
Permittee: Resource Environmental Solutions, Brad Breslow
Project Name: Gideon 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
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