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HomeMy WebLinkAbout20050377 Ver 1_Close Out Report_20120401APPENDIX B — Land Ownership and Protection SITE PROTECTION INSTRUMENT The land required for the construction management and stewardship of this mitigation project includes a portion of the following parcels http //www nceep net/GIS DATA/PROPERTY /92350 DulaThorofareAtCampBranch pdt LONG TERM MANAGEMENT PLAN Upon approval for close out by the Interagency Review Team (IRT) NCDOT will determine the long term steward of this parcel Site Protection Deed Book/ Acreage Grantor County Instrument Page Number protected Rocky Pee Dee LLC Anson Conservation 678/128 74 88 Easement http //www nceep net/GIS DATA/PROPERTY /92350 DulaThorofareAtCampBranch pdt LONG TERM MANAGEMENT PLAN Upon approval for close out by the Interagency Review Team (IRT) NCDOT will determine the long term steward of this parcel A , Applicant NC Department of Transportation File Number 200430199 Date 13 Jan 2004 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 X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E hei�folilouuin identi� fies our n is an o'�tions re azdin an adm"im'i istrative of the ab'o e 14" � O' ecrs�on d hon '1 information may be found a t /usace arm +y il%ine�/unctionslc /cecwo /reg o Co oils C� R K31 sere 4 aty`38 /Part z 4 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 therem, you may request that the pernut be modified accordingly You must complete Section II of tlus form and return the form to the distract 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 penrut 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 pemut 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 Pernut, 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 Admi ustrative 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 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 F � gjLLtq�®N�.T�ECT ®I�[S T'OO AN ! �Q�OF EKED 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 adrrunistrative record ) ADDITIONAL INFORMATION The appeal is lirruted 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 rovide additional information to clarify the location of information that is already in the administrative record 00 , ; GQN, A�C� ORS o �U TIO If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact also contact Mr Steven W Lund, Project Manager Mr Arthur Middleton Adnimistrative Appeal Review Officer US Army Corps of Engineers, Wilrrungton District CESAD ET CO R Asheville Regulatory Field Office CESAW RG A US Army Corps of Engineers South Atlantic Division 151 Patton Avenue Room 208 60 Forsyth Street, Room 9M15 Asheville North Carolina 28801 -5006 Atlanta Georgia 30303 8801 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 opportunity to participate in all site investigations r Date Telephone number Signature of appellant or agent U S ARMY CORPS OF ENGINEERS RECEIVIF0 WILMINGTON DISTRICT APR L 7 1005 Action ID 200531348 County Anson USGS Quad Mt Gilead MCECOS Tpr GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent NC Ecosystem Enhancement Program, Attn Mr Jeff Jurek Address 1652 Mail Service Center Raleigh, North Caiolma 27699 -1652 Telephone No 919 715 -0476 Size and location of property (water body road name/number town, etc ) Approximate 195 -acre parcel adjacent to Camp Branch, Dula Thoroughfare and Rocky River between Pinkston River Road and Carpenter Road thi ee miles north of Ansonville Description of projects area and activity Discharge dredged or fill material into wetlands and surface waters to facilitate the restoration of 5663 linear feet of stream channel, the restoration of 5 6 acres of wetland, the enhancement of 8496 linear feet of stream channel and the enhancement of 0 9 acres of wetland through the excavation of new channels and floodplain benches, excavation of backwater sloughs, installation of rock and log vanes, plugging and refilling old channels, construction of temporary stream crossings and permanent stream fords, stream bank stabilization and replanting of stream banks and floodplain buffer SPECIAL CONDITIONS See attached sheet for special conditions Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization Regional General Permit Number Nationwide Pernut Number 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order a restoration order 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 modifications 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 perrrut, 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 Quality (telephone (919) 733 1786) 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 This Department of the Army verification does not relieve the pennittee of the responsibility to obtain any other required Federal, State or local approvals /perrruts If there are any questions regarding this verification, any of the conditions of the Perrrut or the Corps of Engineers regulatory program please contact Mr Steven Lund at telephone (828) 271 7980 x 223 Corps Regulatory Official Steven Lund AS i,,J'L- Date 4/20/2005 Expiration Date of Verification 3/18/2007 Page 1 of 2 SPECIAL CONDITIONS FOR NATIONWIDE PERMIT 27 NC Ecosystem Enhancement Program Action ID 200531348 April 20, 2005 a - The permittee shall fully implement the Bishop Property Restoration Plan, Anson County, North Carolina, prepared by EcoScience Corporation and dated Septembei 2004 except as conditioned below b Authorization is provided for construction of the proposed stream and wetland mitigation site and does not obligate the US Army Corps of Engineers to recognize this project as a mitigation bank The permittee will provide an As Built plan to the US Army Corps of Engineers, Asheville Regulatory Field Office within 60 days of completion of the authorized work c All temporary stream crossings and channel diversions will be constructed of non - erodable materials and will be removed in their entirety upon completion of the authorized work d All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted through them The US Army Corps of Engineers, Asheville Regulatory Field Office shall be notified in advance by facsimile transmission or electronic mail of the intended diversion of water into new permanent channels Determination of Jurisdiction ® Based on preliminary information there appear to be waters of the US within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331) ❑ There are Navigable Waters of the United States within the above described project area subject to the pernut requirements of Section 10 of the Rivers and Harbois Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this deternnnation may be relied upon for a period not to exceed five years from the date of this notification ❑ There are waters of the US and/or wetlands within the above described project area subject to the pernut 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 ❑ The Jurisdictional areas within the above described project area have been identified under a previous action Please reference Jurisdictional determntation issued Action ID Basis of Jurisdictional Deterrrunation Corps Regulatory Official Steven Lund --S I...) -;C- Date 3/20/2005 _ SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS ETC, MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE Page 2 of 2 Action ID Number 200511348 County Anson Permittee North Carolina Ecosystem Enhancement Program, Attn Mi Jeff Jurek Date Permit Issued 4/20/2005 Project Manager Lund 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 ASHEVILLE REGULATORY FIELD OFFICE 151 PATTON AVENUE, ROOM 208 ASHEVILLE, NORTH CAROLINA 28801 -5006 Please note that your permitted activity is subject to a compliance inspection by a U S Army Corps of Engineers representative If you fail to comply with this permit you are subject to permit suspension, modification, or revocation 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 nutigation was completed to accordance with the permit conditions Signature of Permittee Date [Fwd Bishop Property Stream and Wetland Enhancement and Restor Subject [Fwd Bishop Property Stream and Wetland Enhancement and Restoration, Anson Co, 05 -0377] From Jeff Juiek <Jeff Jurek @ncmail net> Date Thu, 14 Apr 2005 14 02 07 0400 To Lin Xu <lin Yu @ncmail net> File email, serves as write off for certification - - - -- -- Original Message -- - - -- Subject Bishop Property Stream and Wetland Enhancement and Restoration, Anson Co, 05 0377 Date Thu, 14 Apr 2005 13 46 51 -0400 From Cyndi Karoly < cyndi karoly(�,ncmail net> To Jeff Ju_rek <leff luiekPncmail net> CC ken averitte a ncmail net' Jeff - please file this pro3ect as Deemed Issued The 30 -day clock expired 3/26/05 Jeff Jurek Assistant Operations Manager NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 1652 (919) 715 -1157 phone (919) 715 -2219 fax Ieff Zurek a nemaiI net ' 1 of 1 4/15/2005 8 12 AM Mibgatlon Project Name Dula Thorofare at Camp Branch EEP IMS ID 92350 River Basin YADKIN Cataloging Unit 03040105 Aoolied Credit Ratios 1 1 1 5 1 2 5 1 5 86735 1 1 1 31 21 51 1 1 31 21 51 1 1 31 21 5 1 1 1 31 0 5 1 1 1 1 1 _1 mom M MM � C m Cm Z¢ � C E ZU � m C C Z W co $ � C Z C° O � � m U� E A C �L p0 p UU �r A i' m a C (.) W O$ m Ua N m N N W i Z = L O 2 Beginning Balance feet and acres 2 313 00 000 0 00 7 845 00 0 00 000 000 511 000 000 000 000 000 000 000 000 000 000 000 0 00 000 000 NCDOT Pre EEP Debits feet and acres ]NotApplicable EEP Debits feet and acres DWQ Permits USACE Action IDs Impact Project Name ' 2005 1396 2005 30393 NCDOT TIP R 2616 US 601 Widening 1 461 87 7 701 49 0005. 2004 1056 2004 31291 NCDOT TIP R 0967CC NC 24/27 Widening 18433 2008 1293 2005 31849 390 NCDOT TIP U 3412A MLK Road Extension 66680 Statewide ILF Credit Purchase 000 5 105 Remaining Balance feet and acres 0 00 143 51 1 0001 _1