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HomeMy WebLinkAbout20211057 Ver 1_final signed RGP 50 B 4439_20210708 Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02149 County: Brunswick U.S.G.S.Quad:NC-Exum GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: North Carolina Department of Transportation-Division 3 Chad Kimes,P.E. Address: 5501 Barbados Blvd Castle Rayne,NC 28429 E-mail: ckimesAncdot.gov Size(miles) 0.152 Nearest Town Supply Nearest Waterway Juniper Creek River Basin Lower Pee Dee USGS HUC 03040206 Coordinates Latitude:34.092168 Longitude:-78.382995 Location description: The project(B-4439)location is where Br#100 crosses Muddy Branch along SR 1342(Makatoka Rd) northwest of Supply in Brunswick County. Description of projects area and activity: This verification authorizes the replacement of Br#100(3 slab(a,91')with a new 2 slab structure(1(&,55' and 1(a,45',100'total).The replacement will result in the following water of the US impact; 0.149 of an acre of perm fill in wetlands,0.001 of an acre of beneficial excavation in wetlands,and 0.004 of an acre of hand clearing. Applicable Law(s): ®Section 404(Clean Water Act,33 USC 1344) ❑Section 10(Rivers and Harbors Act,33 USC 403) Authorization: RGP201902350 NC DOT Bridges Widening Projects,Interchange Improvements 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 attached Conditions,your application signed and dated 6/30/2021, and the enclosed plans Permit Drawings 1-12 of 12 dated 6/28/2021. 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 and/or regional general permit authorization is modified,suspended or revoked. If,prior to the expiration date identified below,the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general 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(a,usace.armv.mil. Digitally signed by Brad E Shaver Corps Regulatory Official: Date:2021.o7.os Date: 07/08/2021 12:29:50 04'00' 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 https://regulatory.ops.usace.army.mil/customer-service-survey/ Copy furnished(electronic): NCDOT-Div 3 attn:Mason Herndon NCDEQ-DWR attn:Robert Patterson NCDEQ-DWR attn:Amy Chapman USACE attn: Todd Tugwell NCDMS attn: Beth Harmon SAW-2016-02149 SPECIAL CONDITIONS B-4439 Replacement of Br 100 over Muddy Creek, Brunswick County 1. All work must be performed in strict compliance with the plans attached to the application dated 6/30/2021, permit drawings 1-12 of 12 dated 6/28/2021 which are authorized by this permit. Any modification to the authorized permit plans must be approved by the USACE prior to implementation. 2. Failure to institute and carry out the details of the following special conditions, below,will result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such other remedies and/or fines as the District Engineer or his authorized representatives may seek. 3. The permittee will ensure that the construction design plans for this project do not deviate from the authorized permit plans. Any deviation in the construction design plans will be brought to the attention of the Corps of Engineers,Wilmington Regulatory Field Office prior to any active construction in waters or wetlands. 4. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit, and any authorized modifications. A copy of this permit including the authorized plans referenced in Special Condition (1) and authorized modifications, including all conditions, shall be available at the project site during construction and maintenance of this project. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands, or shall any activities take place that cause the degradation of waters or wetlands. In addition, except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within,into, or out of waters or wetlands or to reduce the reach of waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material or construction equipment within waters or wetlands outside the permitted area. 6. To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of adjacent wetlands and streams, except as authorized by this permit,the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material. The permittee shall provide the USACE with appropriate maps indicating the locations of proposed borrow or waste sites as soon as the permittee has that information. The permittee will coordinate with the USACE before approving any borrow or waste sites that are within 400 feet of any streams or wetlands. All jurisdictional wetland lines on borrow and waste sites shall be verified by the Corps of Engineers and shown on the approved reclamation plans. The permittee shall ensure that all such areas comply with the SAW-2016-02149 preceding condition of this permit, and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This information will include data regarding soils,vegetation and hydrology sufficient to clearly demonstrate compliance with the preceding condition. All information will be available to the USACE upon request. NCDOT shall require its contractors to complete and execute reclamation plans for each waste and borrow site and provide written documentation that the reclamation plans have been implemented and all work is completed. This documentation will be provided to the Corps of Engineers within 30 days of the completion of the reclamation work. 7. NLEB, Measures to Avoid/Minimize Mortality A)No tree clearing will occur within 150 feet of a known maternity roost tree May 1 -June 30 in order to protect non-volant young.Winter roost trees are not considered maternity roost trees. B)At individual project sites where a total of 1.0 acre or more of tree clearing will occur, no tree clearing will occur during the portion of the day that the air temperature is <40 degrees Fahrenheit in order to protect NLEBs that may be in torpor. This restriction is only subject to the known/potential range (30 coastal counties) that is shown in Figure 2. C)NCDOT has agreed to conduct up to 10 years of NLEB monitoring and research study. The monitoring portion of this agreement will consist of up to 6 monitoring sites (determined from the past 5-year study where NLEB were the most abundant). These sites will be monitored on a rotational basis,where only a portion of the sites are mist netted every year. Through the research portion of this study, NCDOT will fund up to $500,000 towards NLEB research during the 10 years of the PBO's duration. The details of the studies will be determined at a later date. The primary goal is to learn more about the NLEB in the coastal plain of North Carolina and how NCDOT can build projects with the least amount of impact to the species.A secondary goal is to better determine the occupied range of the species in eastern North Carolina. 8. 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 Brad /] E Shaver �c"( Date:2021.07.08 12:31:20-04'00' Action ID Number: SAW-2016-02149 County: Brunswick Permittee: North Carolina Department of Transportation-Division 3, Chad Kimes, P.E. Project Name: Br# 100 over Muddy Creek, B-4439 Date Verification Issued: 07/08/2021 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 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: North Carolina Department of Transportation-Division 3 Action ID: SAW-2016-02149 Project Name: Br#100 over Muddy Creek, B-4439 County: Brunswick 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether 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 ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the 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:03040206, Lumber River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.149 *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:03040206,Lumber River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.298 Mitigation Site Debited: NC Division of Mitigation Services (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 Wilmington District,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 Page 1 of 2 Form Version 10 June 2020_updated Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case-by-case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions:A letter from NC DMS,confirming they are willing and able to accept the applicant's compensatory mitigation responsibility,dated 6/23/2021 was included with the preconstruction notification. This form is not valid unless signed below by the District 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 District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office,3331 Heritage Trade Drive,Suite 105, Wake Forest,NC 27587(or by email to SAWMIT@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. 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 Brad Shaver Date:2021.07.08 12:37:06 -04'00' 07/08/2021 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.