Loading...
HomeMy WebLinkAbout20191283 Ver 1_USACE Permit_20200317U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00806 County: Guilford U.S.G.S. Quad: NC-McLeansville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: City of Greensboro (Attn: Jay Guffey Address: 2602 S. Elm -Eugene Street Greensboro, NC 27406 Size (acres) —14.18 Nearest Town McLeansville Nearest Waterway UT to Little Alamance Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.0698 N,-79.6526 W Location description: The proiect area contains new location sewer corridor along tributaries of Little Alamance Creek, extending from north of US Highway 70 near Birch Creek Road south to an existing sewer outfall, in McLeansville, Guilford Countv. North Carolina. The proiect area is shown on the title sheets and Sheet G2 for Birch Creek Sewer Improvements - Phase 1 and Birch Creek Lift Station Abandonment -Phase II. Description of projects area and activity: This verification authorizes the construction of the Birch Creek sewer outfall, including approximately 925 linear feet of 2411, 8,124 linear feet of 18", 793 linear feet of 16", 7,430 linear feet of 12", and 3,998 linear feet of 8" gravity sewer, consisting of 19 distinct crossings (projects): 1) Site 1 (Stream S23) requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 11, and the temporary discharge of dredged material into 20 linear feet of stream channel; 2) Site 2 (Wetlands W007 and W013, Streams S005 and S008) requires the permanent discharge of fill material into 0.0006 acre of wetlands (two manholes), and the temporary discharge of dredged material into a total of 1.112 acres of wetlands [Wetland Crossings 1 and 21, including the permanent conversion of 0.4 acre from forested to herbaceous wetlands. This site also requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossings 2 and 91, and the temporary discharge of dredged material into 50 linear feet of stream channel; 3) Site 3 (Wetland W011, Stream S007) requires the temporary discharge of dredged material into a total of 0.0001 acre of wetlands [Wetland Crossing 31. This site also requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 31, and the temporary discharge of dredged material into 20 linear feet of stream channel; 4) Site 4 (Wetland W012) requires the temporary discharge of dredged material into a total of 0.037 acre of wetlands [Wetland Crossing 41, including the permanent conversion of 0.02 acre from forested to herbaceous wetlands; 5) Site 5 (Wetland W002, Stream S003) requires the temporary discharge of dredged material into a total of 0.007 acre of wetlands [Wetland Crossing 51, including the permanent conversion of 0.003 acre from forested to herbaceous wetlands. This site also requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 41, and the temporary discharge of dredged material into 20 linear feet of stream channel; 6) Site 6 (Wetland W003) requires the temporary discharge of dredged material into a total of 0.095 acre of wetlands [Wetland Crossing 61, including the permanent conversion of 0.002 acre from forested to herbaceous wetlands; 7) Site 7 (Wetland W005, Stream S004) requires the temporary discharge of dredged material into a total of 0.006 acre of wetlands [Wetland Crossing 71, including the permanent conversion of 0.003 acre from forested to herbaceous wetlands. This site also requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 51, and the temporary discharge of dredged material into 20 linear feet of stream channel; 8) Site 8 (Stream TG - Stream B [SAW 2018-002401) requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 61, and the temporary discharge of dredged material into 20 linear feet of stream channel; 9) Site 9 (Wetland TG - W24 [SAW 2018-002401) requires the temporary discharge of dredged material into a total of 0.002 acre of wetlands [Wetland Crossing 81, including the permanent conversion of 0.001 acre from forested to herbaceous wetlands; SAW-2019-00806 10) Site 10 (Wetland TG - W25 [SAW 2018-002401) requires the temporary discharge of dredged material into 0.002 acre of wetlands [Wetland Crossing 91; 11) Site 11 (Wetland W025) requires the temporary discharge of dredged material into a total of 0.006 acre of wetlands [Wetland Crossing 81, including the permanent conversion of 0.004 acre from forested to herbaceous wetlands; 12) Site 12 (Stream S19) requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 81, and the temporary discharge of dredged material into 25 linear feet of stream channel; 13) Site 13 (Stream TG - Stream C [SAW 2018-002401) requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 101, and the temporary discharge of dredged material into 20 linear feet of stream channel; 14) Site 14 (Wetland W017, Stream S16) requires the temporary discharge of dredged material into a total of 0.021 acre of wetlands [Wetland Crossing 111, including the permanent conversion of 0.01 acre from forested to herbaceous wetlands. This site also requires the temporary discharge of dredged material into 45 linear feet of stream channel [Stream Crossing 11; 15) Site 15 (Wetland W019, Stream S14a) requires the temporary discharge of dredged material into a total of 0.009 acre of wetlands [Wetland Crossing 121, including the permanent conversion of 0.004 acre from forested to herbaceous wetlands. This site also requires the temporary discharge of dredged material into 20 linear feet of stream channel [Stream Crossing 121; 16) Site 16 (Stream S10) requires the permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 131, and the temporary discharge of dredged material into 30 linear feet of stream channel; 17) Site 17 (Wetland W016) requires the temporary discharge of dredged material into a total of 0.006 acre of wetlands [Wetland Crossing 131, including the permanent conversion of 0.003 acre from forested to herbaceous wetlands; 18) Site 18 (Wetland W0269, Stream S12) requires the temporary discharge of dredged material into a total of 0.008 acre of wetlands [Wetland Crossing 141, including the permanent conversion of 0.004 acre from forested to herbaceous wetlands. This site also requires permanent discharge of fill material (at -grade rip rap, not a loss of waters of the US) into 10 linear feet of stream channel [Stream Crossing 141, and the temporary discharge of dredged material into 45 linear feet of stream channel; 19) Site 19 (Wetland W015) requires the temporary discharge of dredged material into a total of 0.044 acre of wetlands [Wetland Crossing 151, including the permanent conversion of 0.022 acre from forested to herbaceous wetlands. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 12. Utility Line Activities; NWP 18. Minor Discharge 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 9/24/2019, and additional information received via email on 9/25/2019,12/20/2019, and 1/27/2020. and the enclosed plans Birch Creek Sewer Improvements -Phase 1 Sheets G2, G3, Cl-C19, and MD1-MD5 and Birch Creek Lift Station Abandonment -Phase II Sheets G2, G3, Cl-05, and MDI-MD5. 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. SAW-2019-00806 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. 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 David E. Bailey at (919) 554-4884 X 30or David.E.Bailey2na usace.army.mil. Corps Regulatory Official Expiration Date of Verification: 03/18/2022 Date: 2020.03.17 16:41:51 -04'00' Date: 03/17/2020 SAW-2019-00806 SPECIAL CONDITIONS In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Forms. The requirements of these forms, including any special conditions listed on the forms, are hereby incorporated as special conditions of this permit authorization. 2. Impacts for the sewer line crossings of Wetland WO and Stream SOOI (Sheet BC C-5) and Stream S10 (Sheet BCLS C-4) will be avoided through the use of trenchless techniques such as jack and bore or horizontal directional drill, as shown on the permitted plans. 3. Following installation of authorized sewer crossings, areas of temporary stream and wetland impact must be restored to pre -construction grade and contour. Where, authorized, rip rap placed in stream channels must be imbedded such that the top of the rip rap is no higher than the original stream bed grade and contour. In wetland areas, the top 6 to 12 inches of the trench must be backfilled with topsoil from the trench. Stream banks and wetland temporary impact areas must be stabilized and revegetated as described on Birch Creek Sewer Improvements -Phase 1 and Birch Creek Lift Station Abandonment -Phase II Sheet MD5. Date: 2020.03.17 16:41:35-04'00' Corps Regulatory Official: Expiration Date of Verification: 03/18/2022 Date: 03/17/2020 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 hqp:Hcolpsmgpu.usace.qLmy.mil/cm apex/Pp=136:4:0. Copy furnished: David Hamilton, PE, Arcadis G&M of North Carolina, Inc., 7029 Albert Pick Rd, Suite 101, Greensboro, NC 27409 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 SAW-2019-00806 Compensatory Mitigation Responsibility Transfer Form Permittee: City of Greensboro, (Attn: Jay Guffey) Action ID: SAW-2019-00806 Project Name: Birch Creek sewer outfall / City of Greensboro / Guilford County County: Guilford Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.4766 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.477 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. acceptance letter identifies a specific site, also list the specific site to be debited). For NCDMS, list NCDMS. If the NCDMS Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature SAW-2019-00806 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: • A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 9/25/2019 was included with the preconstruction notification. • The wetland credits required correspond to 0.476 acre of permanent wetland conversion impacts at 1:1 and 0.0006 acre of permanent wetland loss (manholes) at 2:1. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1 j the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David E. Bailey USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: David.E.Bailey2@usace.army.mil Date: 2020.03.17 16:41:23-04'00' USACE Project Manager Signature 03/17/2020 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.miI GREENSBORO - BIRCH CREEK SEWER - PCN 12/17/19 Revision Table C.2: Wetland Impacts WETLAND IMPACTS Sheet Location 2a 2b 2c 2d Birch Creek Sewer Improvements(BC) Wetland Letter Manhole in Wetland Permanent* (P) or Temporary (T) Type of Impact Cowardin Classification Type of Wetland Forested Birch Creek Lift Station Abandonment(BCLS) BCC-5 W002 T&P Excavation PFO Headwater Forest Yes BC C-6 W003 T&P Excavation PEM Non -Tidal Freshwater Marsh No BCC-6 W003 T&P Excavation PFO Headwater Forest Yes BCC-7 W005 T&P Excavation PFO Headwater Forest Yes _ BCC-2 W007 T&P Excavation PFO Headwater Forest Yes BCC-4 W011 T Excavation PFO Headwater Forest Yes _ BC C-4 & C-5 W012 W013 T&P T&P Excavation Excavation PFO PFO Headwater Forest Headwater Forest Yes Yes BC C-2, 12, 13, 14 BC C-14 W013 45,46 P Disch. Of Fill/Loss of Waters PFO Headwater Forest Yes BCLS C-4 W015 T&P Excavation PSS Non -Tidal Freshwater Marsh No BCLS C-3 W016 T&P Excavation PFO Headwater Forest Yes BCLS C-1 W017 T&P Excavation PFO Headwater Forest Yes BCLS C-1 W019 T&P Excavation PEM Non -Tidal Freshwater Marsh No BCC-11 _ W025 T&P Excavation PFO Headwater Forest Yes BCLS C-3 W026 T&P Excavation PFO Headwater Forest Yes BC C-10 TG - W24 (SAW 2018-00240) T&P Excavation PFO Headwater Forest Yes BC C-10 TG - W25 (SAW 2018-00240) T Excavation PFO Headwater Forest Yes TOTAL DISTURBED AREA 'Permanent impacts are based on a 10' maintence corridor 2e 2f Areas of Permanent Type of Areas of Impact Areas of Forested Permanent Jurisdiction (acres) MaintenanceMaintenance Impact (Acres) Impact (Acres) Corps 0.007 0.003 0.003 Corps 0.090 0.046 - Corps 0.005 0.002 0.602 Corps 0.006 0.003 0.003 Corps 0.055 0.03 0.03 Corps 0.0001 - - Corps 0.037 0.02 0.02 Corps 1.052 0.37 0.37 Corps 0.0006 0.0006 0.0006 Corps 0.044 0.022 0.022 Corps _0.006 0.003 0.003 Corps 0.021 0.01 0.01 Corps 0.009 0.004 - Corps 0.006 0.004 0.004 Corps 0.008 0.004 0.004 Corps 0.002 0.001 0.001 Corps 0.002 1.35 0.52 0.47 Comments Impacts on PEM wetlands have no permanent conversion impact for mitigation purposes. Due to length of wetland and maximum distance between MHs, unable to avoid olacin¢ MHs in wetlands. (25.1 SF) PSS wetlands are treated as forested wetlands by the Corps, therefore a forested permanent maintenance impact is included. Impacts on PEM wetlands have no permanent conversion impact for mitigation purposes. Linear wetland Linear wetland Wetland and Stream Impacts 191217.xlsx-T&P Impacts Page 1 of 2 Table C.3 Stream Impacts STREAM IMPACTS Sheet Location 3a 36 3c 3d 3e 3f 3g Birch creek Sewer Improvements (BC) Perennial (PER) or Intermittent Average Stream Temporary Impact Permanent Impact Birth creek Lift Station PCN Stream Number JD Stream Number Permanent* (P) or Temporary (T) Type of Impact Stream Name (INT) Type of Jurisdiction Width (ft) Length (LF) Length (LF) Comments Abandonment BCLS BC C-1 50 5023 P Excavation Little Alamance Creek Trib 5 LINT EPHM Corps 16.0 20 10 BC C-2 Sl 5005 T Excavation Little Alamance Creek Trib 6 PER Corps 45.0 30 - BCC-4 52 5007 P Excavation Little Alamance Creek Trib 5 LINT INT Corps 13.0 20 10 BC C-5 S3 S003 P Excavation Little Alamance Creek Trib 5 LINT PER Corps 11.0 20 10 BCC-7 S4 5004 P Excavation Little Alamance Creek Trib 5 LINT INT Corps 10.0 20 30 BC C-8 S5 TG - Stream B (SAW 2018-00240) P Excavation Little Alamance Creek Trib 5 LINT PER Corps 12.0 20 10 BC C-10 56 5019 P Excavation Little Alamance Creek Trib 5 LINT INT Corps 8.0 25 30 BC C-14 S7 S008 P Excavation Little Alamance Creek Trib 6 LINT INT Corps 6.0 20 10 BC C-15 58 TG - Stream C (SAW 2018-00240) P Excavation Little Alamance Creek Trib 6 LINT PER Corps 15.0 20 30 BCLS C-1 S9 S016 T Excavation Little Alamance Creek Trib 6 LINT PER Corps 8.0 45 - BCLS C-1 S10 S014a T Excavation Little Alamance Creek Trib 6 PER Corps 50.0 20 - BCLS C-2 S31 solo T Excavation Little Alamance Creek Trib 6 PER Corps 15.0 30 - BCLS C-3 S12 5012 P Excavation Little Alamance Creek Trib 6 LINT INT Corps 16.0 45 10 Total Temporary Disturbed Length (LF) 335 Total Permanent Disturbed Length (LF) 90 *Permanent impacts are based on a 10' maintence corridor BUFFER IMPACTS Sheet Location 66 6c 6d 6e 6f 69 Birch creek Sewer Zone 1 Impact (sf) Zone 2lmpact (sf) Improvements teq PCN Stream Number JD Stream Number Permanent (P)* or Temporary (T) Reason for Impact Stream Name Buffer Mitigation Required? Zone 1 Impact (sf) after subtracting Zone 2lmpact (sf) after subtracting Comments Birth creek Lift Station Abandonment (BCLS) Wetlands Wetlands T 1,691 1,691 1,854 1,854 Perpendicular Crossing with impacts: Zone 1-Exempt, Zone 1- Al Iowa ble with no practical alternative, Zone 2-Exempt BC C-1 SO $023 P Utility Easement Little Alamance Creek Trib 5 LINT N 624 624 and Zone 2 -allowable with no practical alternative. PE varies from 20- 30 ft, TCE is 15 ft. T 1,238 1,435 1,224 599 Perpendicular Crossing exempt from mitigation. 30ft PE. BC C-2 Sl 5005 Utility Easement Little Alamance Creek Trib 6 N P 608 307 - - T T 1,868 2,026 2,026 Perpendicular Crossing with impacts: Zone 1- Exempt, Zone 1-Allowable with no practical alternative, and Zone 2 - BCC-4 S2 5007 Utility Easement Little Alamance Creek Trib 5 LINT N ,86 ,868 ,86 allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. _ T T 28 1,2$0 1,174 1,54$ 1,466 Perpendicular Crossing with impacts: Zone I - Exempt, Zone l- Al Iowa ble with no practical alternative, Zone 2-Exempt BC C-5 S3 5003 Utility Easement Little Alamance Creek Trib 5 LINT N 517 - and Zone 2 -allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. T 1,885 1,828 1,873 1,873 Perpendicular Crossing with impacts: Zone I - Exempt, Zone I -Allowable with no practical alternative, and Zone 2 - BCC-7 S4 5004 P Utility Easement Little Alamance Creek Trib 5 LINT N 610 570 - allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. T 1,800 1,800 2,070 2,070 Perpendicular Crossing with impacts: Zone I - Exempt, Zone I -Allowable with no practical alternative, and Zone 2 - BCC-8 SS TG-Stream8(SAW 2018-00240) P Utility Easement Little Alamance Creek TribSUNT N 624 624 - allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. T 2,023 2,023 1,874 1,874 Perpendicular Crossing with impacts: Zone I - Exempt, Zone I -Allowable with no practical alternative, and Zone 2 - BCC-10 S6 5019 P Utility Easement Little Alamance Creek Trib 5 LINT N 615 615 - - allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. T 1,671 1,671 1,841 1,841 Perpendicular Crossing with impacts: Zone I - Exempt, Zone l- Al Iowa ble with no practical alternative, and Zone 2- BC C-14 S7 5008 P Utility Easement Little Alamance Creek Trib 6 LINT N 613 613 - - allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. T N 2,198 2,198 2,454 2,454 Perpendicular Crossing with impacts: Zone I - Exempt, Zone l- Al Iowa ble with no practical alternative, and Zone 2- BCC-15, 19 S8 TG- Stream C(SAW 2018-00240) P Utility Easement Little Alamance Creek Trib 6 LINT N 695 695 - - allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. T N - - 8,951 8,951 Parallel Zone 2 impacts exempt T 1,941 1,941 1,267 1,267 Perpendicular Crossing exempt from mitigation. PE varies from 20-30 ft. BCLS C-1 S9 S016 Utility Easement Little Alamance Creek Trib 6 LINT N P 1,226 1,226 - - T N 2,038 2,038 2,059 2,048 Perpendicular Crossing with impacts: Zone 1- Exempt, Zone 1-Allowable with no practical alternative, and Zone 2 - BCLS C-1 S10 S014a P Utility Easement Little Alamance Creek Trib 6 N 676 676 - - allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. T N - - 3,650 3,131 Parallel Zone 2 impacts exempt T N 2,510 2,510 1,077 1,077 Perpendicular Crossing with impacts: Zone I - Exempt, Zone l- Al Iowa ble with no practical alternative, Zone 2-Exempt BCLS C-2, 3, 4 511 Solo P Utility Easement Little Alamance Creek Trib 6 N 735 735 - - and Zone 2 -allowable with no practical alternative. PE varies from 20-30 ft, TCE is 15 ft. T N - - 6,435 6,435 Parallel Zone 2 impacts exempt T 1,709 1,667 1,844 1,565 Perpendicular Crossing with impacts: Zone 1-Exempt, Zone 1- Allowable with no practical alternative, Zone 2-Exempt BCLS C-3 S12 5012 Utility Easement Little Alamance Creek Trib 6 LINT N and Zone 2 -allowable with no practical alternative. PE varies from 20- 30 ft, TCE is 15 ft. P 653 632 - - BCC-11 513 5018 T Utility Easement Little Alamance Creek Trib 5 N - - 5,780 5,591 Parallel Zone 2 impactsenempt BCC-13 S14 S009 T Utility Easement Little Alamance Creek Trib 6 LINT N - - 3,061 2,511 Parallel Zone 2 impacts exempt BCC-1 to 10 515 5001 T Utility Easement Little Alamance Creek Trib 5 N 54,986 53,750 Parallel Zone 2 impacteexempt TOTAL BUFFER IMPACTS (SF) 32,789 32,323 105,874 102,383 TOTAL PERMANENT BUFFER IMPACTS (SF) 8,469 BUFFER IMPACTS REQUIRING MITIGATION (SF) 0 *Permanent impacts are based on a 10' maintence corridor There is no other practical alternative for the stream crossings due to wetland impact avoidances and other constraints. The sewer route was adjusted to minimize wetland impacts and avoid parallel Zone 1 buffer impacts. However, because the gravity sewer will connect between an existing manhole and the Lift Station being abandoned, the sewer must be at elevations able to connect at these locations. Furthermore, the sewer line needs to be constructed at an elevation to accept incoming collector sewers connecting from both sides of the stream which requires that the sewer remain as close as possible to the stream alignment for those connections to be feasible. Stream crossings are therefore constrained by topography and depth (of the sewer). The stream crossings were designed to be perpendicular or near -perpendicular to the stream and the permanent easements were narrowed through the buffer as much as possible to minimize those impacts. The number of permanent streams crossings where limited to those required for maintenance access. Wetland and Stream Impacts 191217.xlsx-T&P Impacts Page 2 of 2 Action ID Number: SAW-2019-00806 County: Guilford Permittee: City of Greensboro (Attn: Jay Guffev) Project Name: Birch Creek sewer outfall / City of Greensboro / Guilford County Date Verification Issued: 03/17/2020 Project Manager: David E. Bailey 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: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@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 Determination of Jurisdiction: A. ® There are waters 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 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 DATE. Action ID: FILE NUMBER. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 03/17/2020. 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.** /:''"' Date: 2020.03.17 16:40:39 Corps Regulatory Official:-04'00' David E. Bailey Date of JD: 03/17/2020 Expiration Date of JD: Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: City of Greensboro, Attn: Jay Guffeyl File Number: SAW-2019-00806 Date: 03/17/2020 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C F-11 APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.g.M.mil/Missions/CivilWorks/Re ugulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: David E. Bailey CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137