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HomeMy WebLinkAbout20140540 Ver 1_USACE Permit_20140821F,,o J 6PI P/) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2013 -01519 County: Guilford U.S.G.S. Quad: NC- MCLEANSVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant: City of Greensboro attn: Melinda King Address: 2602 South Elm - Eugene Street Greensboro, NC 27406 Agent: ARCADIS attn: David A. Hamilton Address: 1 Centerview Drive, Suite 208 Greensboro, NC 27407 Size (acres) —26 Nearest Town Greensboro Nearest Waterway Little Alamance Creek River Basin Haw. North Carolina. USGS HUC 3030002 Coordinates 36.060890 N, - 79.667902 W Location description: The project is an approximately 40 foot wide sewer corridor located along Little Alamance Creek, from approximately 360 feet east of AT &T Drive (36.056604 N, 79.641211 W) southwest to the Youngs Mill Lift Station near the intersection of Youngs Mill Road and the I -85 bypass (36.035434 N, 79.695126 W), near Greensboro, North Carolina. Description of projects area and activity: Construct approximately 11,200 feet of 42" and 11,870 feet of 36" gravity sewer line between the existing Youngs Mill Lift Station and the new Stewart Mill Lift Station, including sixteen (16) distinct crossings roicets 1) Crossing 1 (Wetland'Impact W1 and Stream Impacts S2a a -b) requires the permanent discharge of fill material into 41 linear feet (0.03 acre) of stream channel and the temporary discharge of dredged material into 21 linear feet (0.01 acre) of stream channel and 0.127 acre of wetlands including 0.006 acre of permanent conversion from forested to herbaceous wetland for construction dewatering and pier removal, channel stabilization, and sewer installation including permanent maintenance corridor. 2) Crossing 2 (Stream Impact S3) requires the permanent discharge of fill material into 50 linear feet (0.05 acre) of stream channel for sewer installation and channel stabilization. 3) Crossing 3 (Stream Impact S5a -b) requires the permanent discharge of fill material into 82 linear feet (0.07 acre) of stream channel for sewer installation and channel stabilization. 4) Crossing 4 (Wetland Impact W7 and Stream Impacts S8 and S9) requires the permanent discharge of fill material into 88 linear feet (0.07 acre) of stream channel and the temporary discharge of dredged material into 0.01 acre of wetlands including 0.004 acre of permanent conversion from forested to herbaceous wetland for channel stabilization and sewer installation including permanent maintenance corridor. 5) Crossing 5 (Stream Impact S11) requires the permanent discharge of fill material into 58 linear feet (0.01 acre) of stream channel for sewer installation and channel stabilization. 6) Crossing 6 (Stream Impact S12) requires the permanent discharge of fill material into 51 linear feet (0.03 acre) of stream channel for sewer installation and channel stabilization. 7) Crossing 7 (Wetland Impact W13) requires the temporary discharge of dredged material into 0.009 acre of wetlands including 0.002 acre of permanent conversion from forested to herbaceous wetland for sewer installation including permanent maintenance corridor. 8) Crossing 8 (Wetland Impacts W14a -b) requires the temporary discharge of dredged material into 0.157 acre of wetlands including 0.054 acre of permanent conversion from forested to herbaceous wetland for sewer installation including permanent maintenance corridor. 9) Crossing 9 (Stream Impact S15) requires the permanent discharge of fill material into 40 linear feet (0.04 acre) of stream channel for sewer installation and channel stabilization. 10) Crossing 10 (Wetland Impacts W16 and W 17 and Stream Impacts S16 and S17) requires the permanent discharge of fill material into 115 linear feet (0.02 acre) of stream channel and the temporary discharge of dredged material into 0.30 acre_ of wetlands including 0.008 acre of permanent conversion from forested to herbaceous wetland for channel stabilization, and sewer installation including permanent maintenance corridor. 11) Crossing 11 (Wetland Impact W18) requires the temporary discharge of dredged material into 0.012 acre of wetlands including 0.005 acre of permanent conversion from forested to herbaceous wetland for sewer installation including permanent maintenance corridor. Page 1 of 2 12) Crossing 12 (Wetland Impact W20) requires the temporary discharge of dredged material into 0.133 acre of wetlands including 0.063 acre of permanent conversion from forested to herbaceous wetland for sewer installation including permanent maintenance corridor. 13) Crossing 13 (Wetland Impact W22) requires the temporary discharge of dredged material into 0.066 acre of wetlands including 0.009 acre of permanent conversion from forested to herbaceous wetland for sewer installation including permanent maintenance corridor. 14) Crossing 14 (Wetland Impacts W22 -1a, W22 -1b, W22 -2, and W22 -3) requires the permanent discharge of fill material into 0.0001 acre of wetlands and the temporary discharge of dredged material into 0.795 acre of wetlands including 0.104 acre of permanent conversion from forested to herbaceous wetland for manhole installation, and sewer installation including permanent maintenance corridor. 15) Crossing 15 (Stream Impact S23) requires the permanent discharge of fill material into 36 linear feet (0.02 acre) of stream channel for sewer installation and channel stabilization. 16) Crossing 16 (Stream Impact S24) requires the temporary discharge of fill material into 22 linear feet (0.03 acre) of stream channel for construction dewatering and pier removal. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 12 Utility Line Activities. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 5/23/2014 (received 5/27/2014) and revised /updated information received via email on 7/22/2014 and 7/30/2014. 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 Quality (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. 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 Bailey at 919 - 554 -4884 ext 30 or David .E.Bailey2na,usace.army.mil. Corps Regulatory Official: ; Date: 08/20/2014 Expiration Date of Verification: 03/18/2017 Copy furnished: Sue Homewood, NCDENR -DWR, 585 Waughtown Street, Winston - Salem, NC 27107 Phil May, Carolina Ecosystems, Inc., 3040 NC 42 West, Clayton, NC 27520 Special Conditions: 1. 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. 2. Temporary discharge of excavated or fill material into wetlands and waters of the United States will be for the absolute minimum period of time necessary to accomplish the work. All authorized temporary wetland impacts will be returned to pre - disturbance grade and contour, and re- vegetated as proposed in the "Seeding Wetlands, Bankfull Natural Channels, and Natural Channel Buffers" detail on Sheet 32 of the "Young's Mill Outfall, 2013 -094, Project P05347" final design planset, included in your revised/updated PCN information received via email on 7/22/2014 and 7/30/2014. To the maximum extent practicable, in wetland areas where trenching is involved for pipe installation, wetland topsoil will be segregated from the underlying subsoil, and the top 6 to 12 inches of the trench will be backfilled with topsoil from the trench. 3. The permittee shall abide by all stipulations identified in the "Re: Greensboro Eastern Area Sewer Improvements, DENR Project 1585, Guilford County, ER 13- 0264" letter from the North Carolina State Historic Preservation Office, dated November 15, 2013, copy attached, including: a. At the conclusion of construction, all permanent sewer easements and temporary construction easements on the Troxler's Mill property will be regraded to their pre - construction contours. b. At the conclusion of construction, permanent sewer easements on the Troxler's Mill property will be reseeded. c. At the conclusion of construction, the temporary construction easements on the Troxler's Mill property will be replanted with native tree species. d. Any revisions or alterations of the sewer alignment or related easements within or adjacent to the Troxler's Mill property shall be submitted to the North Carolina State Historic Preservation Office for review and comment. Corps Regulatory Official: Date: 08/20/2014 Expiration Date of Verification: 03/18/2017 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: City of Greensboro Action ID: SAW- 2013 -01519 Project Name: Eastern Area Sewer Improvements/ Youngs Mill Outfall 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 Ecosystem Enhancement Program (NCEEP), 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 Rive rine Riparian Non - Riverine Non - Riparian Coastal 0.26 *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 0.26 Mitigation Site Debited: NCEEP (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP 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 NCEEP), 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 Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 October, 2013 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 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. 9 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. 0 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: 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: David Bailey USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: David. E.Bailey2@usace.army.mil August 20, 2014 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.mi1. Page 2 of 2 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 our website at http : / /regulatory.usacesurvey.com/ to complete the survey online. Determination of Jurisdiction: A. ®Based on preliminary information, there appear to be waters of the US including wetlands 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). 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 and Section 404 of the Clean Water Act. 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 of the US and/or wetlands within the above described project area 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 . Action ID: SAW - Basis For Determination: The proiect area exhibits water bodies with ordinary high water and wetland criteria as defined in the applicable regional supplement to the 1987 wetland delineation manual. The water bodies on the site are listed on the "Jurisdictional Determination Eastern Area Sewer Improvements Table(s) 1 (Streams) and 2 (Wetlands)" included in your "Request for Preliminary Jurisdictional Determination" package dated 10/31/2012 (received 11/2/2012). This determination is based on a field verification by Andy Williams (USACE) on 12/18/2012. Remarks: The wetlands and other Waters of the US in the reviewed corridor were flagged by Carolina Ecosystems, Inc. and are approximated on Figure 4A -C of your "Request for Preliminary Jurisdictional Determination" package dated 10/31/2012 (received 11/2/2012) as well as shown on Sheets 8 -29 of the "Young's Mill Outfall, 2013 -094, Proiect P05347" final design planset, included in your revised /updated PCN information received via email on 7/22/2014 and 7/30/2014. 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 jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional 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: Jason Steele, 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 N /A. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: David E. Bailey Date of JD: 8/20/2014 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 our customer Satisfaction Survey online at http: / /re ug latory.usacesurvey.com /.