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HomeMy WebLinkAbout20200469 Ver 1_final signed NW 23_20200423 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-00473 County:Duplin U.S.G.S.Quad:NC-Charity GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: North Carolina Department of Transportation Chris Rivenbark Address: 1000 Birch Ridge Drive Raleigh,NC 27610 E-mail: crivenbark@a,ncdot.gov Size(miles) 0.329 Nearest Town Magnolia Nearest Waterway Maxwell Creek River Basin Cape Fear USGS HUC 03030007 Coordinates Latitude: 34.867926 Longitude:-77.966771 Location description: The project(B-5639)is located along State Highway 11 between Blind Bridge Road and Landfill Road at the exiting bridge(BR#36)where it crosses Maxwell Creek,near Magnolia,Duplin County. Description of projects area and activity: This verification authorizes the construction of a new bridge,associated temporary detour for construction and utility work.The project will impact 0.07 of an acre of permanent wetland fill,0.27 of an acre of temporary wetland fill,<0.01 of an acre of wetland excavation,0.11 of an acre of wetland mechanized clearing,0.10 of an acre of temporary surface water impact,and 126 linear feet of temporary stream impact.The project will also require 0.022 of an acre of excavation associated with utility installation. Applicable Law(s): ®Section 404(Clean Water Act,33 USC 1344) ❑Section 10(Rivers and Harbors Act,33 USC 403) Authorization: NWP 23.Approved Categorical Exclusions 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 dated 4/7/2020 and new information dated 4/20/2020, and the enclosed plans, updated permit drawings dated 4/20/2020 and utility drawings dated 4/7/2020. 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 Brad Shaver at 910-251-4611or brad.e.shaver(ausace.army.mil. Digitally signed by "4.1 L 1 r~arc SHAVER.BRAD.E.1276601756 Date:2020.04.23 08:31:19 -04'00' Corps Regulatory Official: Date: 4/23/2020 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/Vp=136:4:0 Copy furnished(electronic): Agent: NCDOT Gordon Cashin E-mail: gcashinna,ncdot.gov NCDOT,Mr.Mason Herndon,Division 3 NCDEQ-DWR Ms.Joanne Steenhuis NCDMS Beth Harmon USACE Todd Tugwell SAW-2017-00473 SPECIAL CONDITIONS B-5639 Bridge#36 over Maxwell Creek 1. Upon completion of the permanent bridge, the temporary detour should be removed immediately. Once the filter fabric (which was to be placed under the temporary fill) is removed please contact the Corps Project manager to schedule an on-site meeting to discuss any remediation activities necessary before replanting as described in the wetland reforestation plan. 2. Once the site has been replanted, the Department should monitor the site for a minimum of two years to demonstrate site restoration. At the conclusion of the second year an on-site meeting should be scheduled with the Corps project manager to demonstrate site restoration. If the site still shows signs of disturbance a second remediation plan will be necessary or mitigation credits for the failed restoration area. 3. While moving the utilities the trenched areas should separate the sub soils and top soil and replace in reverse order to assure the top soil is placed last. Any extra soil as a result of the pipe displacement should be removed from the project and placed in high ground. 4. The North Carolina Department of Transportation has committed to conducting a wood stork survey at the project site after the survey window opens on April 15, 2020. The results of the survey must be submitted to the US Fish and Wildlife Service prior to work commencing at the site. 5. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological Opinion (BO) titled "Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina,NCDOT Divisions 1-8)," dated September 11, 2019, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the BO. Your authorization under this Corps permit is conditional upon your compliance with all the mandatory terms and conditions associated with incidental take of the BO,which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO,where a take of the listed species occurs,would constitute an unauthorized take, and it would also constitute non-compliance with your Corps permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA. 6. 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 Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Digitally signed by CC �f SHAVER.BRAD.E.12766017 "°�!� 56 Date:2020.04.23 08:32:13 -04'00' Action ID Number: SAW-2017-00473 County: Duplin Permittee: North Carolina Department of Transportation, Chris Rivenbark Project Name: B-5639 Date Verification Issued: 4/23/2020 Project Manager: Brad Shaver 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: Brad Shaver Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403 or brad.e.shaver@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 Compensatory Mitigation Responsibility Transfer Form Permittee: North Carolina Department of Transportation, Chris Rivenbark Action ID: SAW-2017-00473 Project Name: B-5639 County: Duplin 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:03030007,Cape Fear River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.19 *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:03030007, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.38 Mitigation Site Debited: NC DMS (List the name of the bank to be debited. For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). 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 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 4/9/2020 was included with the preconstruction notification. 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)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: Brad Shaver USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: brad.e.shaver@usace.army.mil Digitally signed by S 20 0.04.2.12 :34:05 56 Date:2020.04.23 08:34:05 -04'00' 4/23/2020 USACE Project Manager Signature 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.mil