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