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HomeMy WebLinkAbout20180957 Ver 3_2017-01430 NWP 27 and 14 - re-issued_20221024U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01430 County: Guilford U.S.G.S. Quad: NC -Greensboro GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: City of Greensboro Attn: Jason Geary Address: 300 West Washington Street Greensboro, NC 27402 Size (acres) —20.2 Nearest Town Greensboro Nearest Waterway North Buffalo Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.076487,-79.799930 Location description: The project area is located along an abandoned Norfolk Southern Railroad corridor between Beniamin Parkway and South Edgewood Street, in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into a total of 0.215 acre (366 linear feet) of stream channel (considered a permanent loss of waters of the US), the permanent discharge of dredged or fill material into a total of 2.914 acre (3,722 linear feet) of stream channel (not resulting in the loss of waters of the US), and the temporary discharge of dredged or fill material into a total of 0.066 acre (82 linear feet) of stream channel, necessary for construction of the Greensboro Downtown Greenwav Phase 4 / A&Y Greenwav nroiect, including culvert extensions/construction, stream restoration activities, debris removal, and construction access activities. Note that the 0.215 acre (366 linear feet) of permanent loss stream channel impacts, and 0.040 acre (145 linear feet) of nermanent (no loss) stream channel imnacts, include the total of 6 single and comnlete nroiects at senarate and distant locations. Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 27. Aquatic Habitat Restoration, Enhancement, and Establishment Activities / Nationwide Permit 14. Linear Transportation Projects *This verification supersedes the NWP 27,14, and 3 verifications issued 8/6/2018 and 1/22/2022. Note that NWP 3 is not required for the proposed activities as those impacts are authorized via NWP 14. 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 9/l/2022, and the enclosed plans "Wetland and Stream Permit Package" (Permit Drawing Sheets 1-24), "Permit Drawings — Downtown Greenwav — College Branch Stream Enhancement" (Sheets ST-1— ST-5, D-1 — D-4, ESC-1 — ESC-5, and P-1). 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. 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 E. Bailey at (919) 817-2436 or David.E.Bailev2(&usace.armv.mil. Date: 2022.10.2415:35:39 Corps Regulatory Official:-04'00' Date: 10/24/2022 Expiration Date of Verifications: 3/14/2026 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.mit/customer-service-survey. Copy furnished electronically: Emma Radford, Kimley-Horn Sue Homewood, NCDEQ-DWR Action ID Number: SAW-2017-01430 Permittee: City of Greensboro (Attn: Jason Geary) County: Guilford Project Name: City of Greensboro / Downtown Greenway Phase 4 / Benjamin Parkway to South Ed2ewood Street / Greensboro / Guilford County Date Verification Issued: 10/24/2022 Project Manager: David E. Bailey 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: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@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 SAW-2017-01430 A. Determination of Jurisdiction: ❑ There are waters, including wetlands on the above -described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ 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 (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 3. ❑ There are waters, including wetlands within the above -described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ® The jurisdictional areas within the above -described project area have been identified under a previous action. Please reference jurisdictional determination issued 8/6/2018. Action ID: SAW-2017-01430.