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Home My WebLink About20210344 Ver 2_404 permit Ashe 122 SAW-2021-01017_20220930 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2021-01017 County: Ashe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: North Carolina Department of Transportation Attn: Mr. Kevin Hining Address: 801 Statesville Road North Wilkesboro, North Carolina 28659 Telephone No.: 336-903-9129 Size and location of property (water body, road name/number, town, etc.): The project is located at Bridge #122 on SR 1549, Garvey Bridge Road, in Ashe County, North Carolina. Description of project area and activity: In order to replace the bridge, the permittee is authorized to impact waters of the U.S. as follows: Summary of Authorized Impacts and Required Mitigation NWP / Open Water (ac) Wetland (ac) Stream (lf) Impact ID # Temporary Permanent Temporary PermanentTemporary Permanent GP # Site 1 0.01 acre / bents/ (North Fork 14 bridge piers New River) 0.21 acre / Site 2 causeway (North Fork 14 (all 3 New River) phases) Site 3 54’ / rip rap bank (North Fork 14 stabilization New River) 0.01 acre 0.21 ac Impact Totals 0 0 0 0 and 54’ Total Loss of waters of the U.S. Total Loss of waters of the U.S. (wetlands and/or open waters in 0 0 (streams in lf) ac) Required Wetland Mitigation (ac) 0 Required Stream Mitigation (lf) 0 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 Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, your submitted application, and the following special conditions: SAW-2021-01017, Bridge #122 -2- Special Conditions 1. All work must be performed in strict compliance with (a) the description of work in the PCN (unless revised – see “b” next), (b) the revised project description submitted on June 30, 2021 and July 1, 2021, and (c) the revised “Wetland and Surface Water Impacts Permit” Drawing(s) (Permit Plans) submitted on June 30, 2021. Any modification to the description of work and/or the permit plans must be approved by the USACE prior to implementation. 2. The permittee shall ensure that no more than 50% of the river flow is blocked at any one time. 3. The permittee shall implement all reasonable and practicable measures to ensure that equipment, structures, fill pads, work, and operations associated with this project do not adversely affect upstream and/or downstream reaches. Adverse effects include, but are not limited to, channel instability, flooding, and/or stream bank erosion. The Permittee shall routinely monitor for these effects, cease all work when detected, take initial corrective measures to correct actively eroding areas, and notify this office immediately. Permanent corrective measures may require additional authorization by the U.S. Army Corps of Engineers. 4. The permittee shall ensure that any equipment that is placed on the causeway is removed when either of the following situations is forecasted or anticipated: (1) the water level will rise to a point where the equipment could be flooded (even during work days), and (2) the water level is expected to rise overnight, or over a non-work period of time, to a point where the equipment could be flooded. 5. Upon completion of work that requires the causeway(s) to be in the river, the permittee shall remove all readily detectible causeway material, to the extent practicable, while removing as little of the original riverbed as possible. 6. A known population of Eastern hellbender (Cryptobranchus a. alleganiensis) occurs in the project area. As agreed to during Wild and Scenic Rivers Act consultation/coordination for this project, the permittee shall ensure that the North Carolina Wildlife Resources Commission (NCWRC) is afforded the opportunity to monitor for the Eastern hellbender before, during, and immediately after construction is completed. Additionally, NCDOT will coordinate with NCWRC to ensure that the Commission has the opportunity to survey the project area for hellbenders and capture and relocate as many individuals as possible before any in-water work begins. NCDOT will also communicate at regular, agreed-upon intervals with NCWRC about the project and will provide NCWRC with advance notice before moving the causeway from one phase to another in case additional surveys are necessary. The permittee shall also ensure that all on-site construction staff are made aware of the potential for hellbenders in the construction area. If any hellbenders are discovered prior to or during construction in the project area by on-site staff, the staff shall immediately contact the Division Environmental Officer, who will then coordinate with the NCWRC for relocation away from the project area to a suitable area, which will be determined by the NCWRC. SAW-2021-01017, Bridge #122 -3- 7. Within 14 days of demolition of the existing bridge, NCDOT shall inspect the bridge for bats or signs of bat use. If bats, or signs of bat use are discovered, NCDOT shall immediately notify the USACE and the USACE will then reinitiate consultation with the U.S. Fish and Wildlife Service (Service). Until this consultation is completed and the USACE has notified NCDOT in writing that they may proceed with the demolition work NCDOT will not be authorized to proceed with bridge demolition work. 8. If the permittee later determines that blasting, other percussive activities, and/or the use of artificial lighting for night work will be necessary to construct the project, the permittee shall contact the USACE immediately and will not proceed with blasting, other percussive activities, and/or the use of artificial lighting for night work until the USACE has reinitiated and completed consultation with the USFWS. 9. To prevent introduction of non-native species to the project area, NCDOT shall revegetate any disturbed areas with a native seed mix that has been reviewed and approved by the NCWRC. NCDOT shall use this native seed mix, in conjunction with core fiber matting (where appropriate), to revegetate any disturbed areas within the project. 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this authorization letter 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 authorization letter, all conditions, and any authorized modifications. A copy of this authorization letter, all conditions, and any authorized modifications, shall be available at the project site during construction and maintenance of this project. 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 and/or regional general 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 and/or regional general 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. SAW-2021-01017, Bridge #122 -4- 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 828-296-4500) to determine Section 401 requirements. 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 U.S. Army Corps of Engineers regulatory program, please contact Lori Beckwith at 828-271- 7980. Ebuf;!3132/1:/39! 24;36;37!.15(11( USACE Regulatory Official: Monte Matthews________________________________ Date: September 28, 2021 Expiration Date of Verification: March 18, 2022 Action ID Number:SAW-2021-01017 County: Ashe Permittee: NCDOT, Mr. Kevin Hining Project Name: NCDOT / Bridge 122 / SR 1549 / Garvey Bridge Road / Div 11 Nationwide Permit: 14 Date Verification Issued: September 28, 2021 Project Manager: Lori Beckwith 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: Lori Beckwith 151 Patton Avenue Room 208 Asheville, NC 28801-5006 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 U.S. Army Corps of Engineers suspending, modifying or revoking the authorization and/or issuing aClass 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