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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