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HomeMy WebLinkAbout20071115 Ver 1_Other Agency Comments_20070912 a� F a U.S. ARMY CORPS OF ENGINEERS o — ► 5 WILMINGTON DISTRICT ( � Action ID. 2007-01525-043 County: Harnett USGS Quad: Erwin GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Authorized Agent: Mr.Norton Webster Environmental Banc and Exchange Address: 909 Capability Drive, Suite 3100 Raleigh,NC 27606 Telephone No.: 919-829-9909 Size and location of property(water body,road name/number,town,etc.): The proiect area is approximately 15 acres in size and is adiacent to an unnamed tributary of the Cape Fear Rover and located off of Beaver Dam Road between NC Highway 217 and Monts Lane,southwest of Erwin,Harnett County,North Carolina. Description of projects area and activity: This project is known as the Beaverdam Swamp Stream and Wetland Restoration Project.This permit authorizes the temporary discharge of fill material into 3,510 linear feet of stream channel and 1.63 acres of wetlands to conduct stream restoration and wetlands enhancement and restoration(UT3 and Wetlands A and B).Applicable Law: ® Section 404(Clean Water Act,33 USC 1344) NV95 ❑ Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Regional General Permit Number: SEP 1 2 2007 Nationwide Permit Number: 27 DENR-wATER WALITY See attached special, general and regional conditions for this permit. WETLANDS AND STOR"TERg RAKH 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 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)733-1786)to determine Section 401 requirements. 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 Ronnie S 0-251 4829. Corps Regulatory Official Date: 9/7/07 Expiration Date of Verification: 9/7/2009 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 attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to complete the survey online. Page 1 of 2 Determination of Jurisdiction: ❑ 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). ❑ 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. ® 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. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetlands Delineation Manual and is adiacent to and abutting a relatively permanently flowing,non-navigable water body that is an unnamed tributary of the Cape Fear River,which is a tra navigable water of the U.S. Corps Regulatory Official: _Ronnie Smith Date: 9/7/07 SURVEY PLATS,FIELD SKETCH,WETLAND DELINEATION FORMS,PROJECT PLANS, ETC.,MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Mr.Todd St.John Kimley-Horn and Associates,Inc. 3001 Weston Parkway Cary,NC 27513 Mr. Ian McMillan 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center 2-374 (,► j��� ��Yd Zip Raleigh,NC 276WOj Mr. Ken Averitte NCDENR-DWQ 225 Green Street, Suite 714 Fayetteville,NC 28301 Mr. Guy Pearce NCEEP 1652 Mail Service Center Raleigh,NC 27699 Page 2 of 2 Beaverdam Swamp Stream and Wetland Restoration project Environmental Banc and Exchange Harnett County AID#2007-01525-043 Special Conditions: Wetland Success Criteria: 1) The minimum requirement to meet hydrology success criteria in the restored and enhanced wetland areas will be saturation within the upper 12 inches of the soil for 10% of the growing season. 2)The success of riparian and wetland vegetation planting will be gauged by stem counts of planted species. Stem counts of over 320 three year old trees per acre after 3 years,and 260 five year old trees per acre after five years will be considered successful. 3)Prior to construction, an addendum to Section 8.2 (Wetland Success Criteria)of the project plans must be provided to our office.The addendum shall reflect the above special conditions. 4)This permit does not authorize impacts to UT1,UT2 or the associated wetlands. Corp Regulatory Official Ronnie Smith C Date: September 7,2007 N 0 450 900 Feet h .. r u e .: � WE-8 T Legend Existing Stream �. Delineated Jurisdictional Wetlands Approximate Easement Boundary