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HomeMy WebLinkAbout20221562 Ver 1_USACE Permit_20220913U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01807 County: Person U.S.G.S. Quad: NC -Olive Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC Robert Scott Love 310 Meadowbrook Terrance Greensboro, North Carolina 27408 336.207.2222 scott.love@cellularsales.com —0.10 Nearest Town Leasburg Hvco Lake River Basin Roanoke 03010104 Coordinates Latitude: 36.4758 Longitude: -79.1509 Location description: The project area is located at 815 Drive Dipper Drive (Lots 4, 5, and 6) in Semora, Caswell County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material within 0.02 acre of Hyco Lake. These impacts are necessary for shoreline stabilization. Applicable Law(s): N Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: RGP 30. Work in Waters of Lakes and Reservoirs 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 8/18/2022, and the enclosed plans entitled, "Caswell County NC WebGIS" dated 7/22/2022. 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 April Norton at 919-554-4884 Ext. 57or April.R.Nortonna,usace.army.mil. Corps Regulatory Official: 496).4.1. Date: 9/13/2022 Expiration Date of Verification: 12/31/2026 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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Action ID Number: SAW-2022-01807 Permittee: Robert Scott Love Project Name: Big Dipper Drive Lots 4, 5, and 6 Date Verification Issued: 9/13/2022 Project Manager: April Norton County: Person 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: April Norton Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or April.R.Norton@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 CESAW-RG (File Number, SAW-2022-01807) MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and Overview Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including the administrative history of actions taken during project evaluation is attached (ORM2 summary) and incorporated into this memorandum. NOTE: This template uses the term pre -construction notification (PCN) to identify when notification is sent to the Corps to evaluate a proposed activity on a case -by -case basis to ensure that the activity will cause no more than minimal adverse environmental effects, individually and cumulatively for verification under a general permit. While PCN is commonly associated with Nationwide Permit (NWP) verification requests, this document uses the term PCN for notification sent to the Corps for all GP verifications (i.e., NWPs, Regional General Permits, Programmatic General Permits). 1.1 Applicant name: Robert Scott Love 1.2 Activity location: Latitude: 36.4758 Longitude: -79.1509 Location description: The project area is located at 815 Drive Dipper Drive (Lots 4, 5, and 6) in Semora, Person County, North Carolina. 1.3 Description of activity requiring verification:This verification would authorize the permanent discharge of fill material within 0.02 acre of Hyco Lake. These impacts are necessary for shoreline stabilization. 1.4 Existing conditions and any applicable project history: After -the -fact: No. 1.4.1 Jurisdictional Determination: Is this project supported by a Jurisdictional Determination? No Jurisdictional Determination 9/13/2022 1.5 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.6 Applicable Permit: RGP 30. Work in Waters of Lakes and Reservoirs 1.7 Waiver Discussion: Does the activity require a written waiver of the NWP limits? No. Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre -Construction Notification CESAW-RG (File Number, SAW-2022-01807) 2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed activity in waters would include the loss of jurisdictional waters (as specified in Section 1.3) and their associated aquatic resource functions. The proposed activity also has the potential to result in indirect effects to waters including excess sedimentation in downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the project area, increase of downstream flows, and blocking/restricting aquatic life passage transiting in and through the project area. These indirect effects are expected to be minimal due to design criteria and Best Management Practices (BMPs) required by Nationwide Permit General and Regional Conditions. Additionally, indirect effects would be further reduced through the implementation of BMPs required by state, local, and Federal ordinances and regulations. 2.2 Site specific factors: Hyco Lake (also known as Carolina Power Lake) was constructed in the early 60's by Carolina Power and Light Company (now Duke Energy) as a cooling reservoir for their steam electric generating plant. Hyco Lake is in Person County, NC 10 miles west of Roxboro, NC on NC Highway 57. Since its establishment, the lake and its recreation park has been under the jurisdiction of the Person -Caswell Lake Authority which is responsible for governing and developing the recreation potential of the lake and park. The water is regulated by the N.C. Natural Resources. Duke Energy owns the land the lake is contained by and up to the 420' mark which is approx 10' above normal water level. The lake covers 3,750 acres (25 billion gallons of water!) with 120 miles of shoreline. The lake was filled in the Spring of 65 after Hurricane Hilda dumped her bounty and has provided exceptional outdoor recreational opportunities which continue to delight residents and visitors alike. The lake was constructed on the Hyco River and has 3 main tributaries, North Hyco Creek, South Hyco Creek and Cobbs Creek 2.3 Coordination 2.3.1 Interagency Coordination Was the PCN coordinated with other agencies? No. 2.3.2 Corps internal coordination Was the PCN coordinated with other Corps business lines? No. 3.0 Mitigation 3.1 Avoidance and minimization Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site: The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States CESAW-RG (File Number, SAW-2022-01807) on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. Describe other mitigative actions including project modifications implemented to minimize adverse project impacts? (see 33 CFR 320.4(r)(1)(i)) No compensatory mitigation is required because the activity involves impacts to man- made, open waters. This activity does not impact special aquatic sites. 3.2 Compensatory mitigation requirement Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? No. Provide rationale: No compensatory mitigation is required because the activity involves impacts to man-made, open waters. This activity does not impact special aquatic sites. 4.0 Compliance with Other Laws, Policies and Requirements 4.1 Section 7(a)(2) of the Endangered Species Act (ESA) 4.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 4.1.2 Lead federal agency for Section 7 of the ESA Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 4.1.3 Listed/proposed species and/or designated/proposed critical habitat Are there listed or proposed species or designated critical habitat or proposed critical habitat that may be present or in the vicinity of the Corps' action area? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Person County: Name: Carolina madtom (Noturus furiosus) Status: Endangered Name: Dwarf wedgemussel (Alasmidonta heterodon) Status: Endangered Name: Neuse River waterdog (Necturus lewisi) Status: Threatened Effect determination(s), including no effect, for all known species/habitat, and basis for determination(s): Based on the latest version of the Natural Heritage Program's NHEO data, there are listed species located within or in the vicinity of the action area and this CESAW-RG (File Number, SAW-2022-01807) activity is one that would not affect those listed species. The Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. 4.1.4 Section 7 ESA consultation \ Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 4.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 4.2.1 Lead federal agency for EFH provisions of the Magnuson -Stevens Act Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act with the Corps designated as a cooperating agency and has that consultation been completed? No.4.2.2 Magnuson -Stevens Act Did the proposed project require review under the Magnuson -Stevens Act? No. If "yes," state that the district engineer determined the proposed activity may adversely affect EFH and thus requires EFH consultation with NMFS. 4.3 Section 106 of the National Historic Preservation Act (Section 106) 4.3.1 Section 106 permit area The permit area includes those areas comprising waters of the United States that will be directly affected by the proposed work or structures, as well as activities outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been met. Final description of the permit area: All three test have been met and portions of the larger project undertaken outside of waters of the U.S. are in the permit area. Activities undertaken outside WOUS are included in the permit area because those activities are directly associated and integrally related with the authorized work and those activities would not occur but for the authorization of the work within the WOUS. 4.3.1 Lead federal agency for Section 106 of the National Historic Preservation Act Has another federal agency been identified as the lead federal agency for complying with Section 106 of the National Historic Preservation Act with the Corps designated as a cooperating agency and has that consultation been completed? No. CESAW-RG (File Number, SAW-2022-01807) 4.3.2 Historic properties Known historic properties? No. Based on information and/or a survey provided by the applicant, there are no historic properties located in the permit area or in close proximity to the permit area. Effect determination and basis for that determination: The Corps has determined the proposed activity has no potential to cause effects to properties listed or eligible for listing in the National Register of Historic Places, because the project is located in areas that have been extensively modified. This activity is so limited in nature and scope that there is little likelihood of impinging upon a historic property even if such properties were present within the affected area(s). 4.3.3 Consultation with the appropriate agencies, tribes and/or other parties for effect determinations Consultation was initiated and completed with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects." (see the attached ORM2 Summary sheet for begin date, end date and closure method of the consultation) 4.4 Tribal Trust Responsibilities 4.4.1 Tribal government -to -government consultation Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. There are no known tribal interests in the project area. Provide a description of any consultation(s) conducted including results and how concerns were addressed. 4.4.2 Other Tribal consultation Other Tribal including any discussion of Tribal Treaty rights? No. There are no known tribal interests in the project area. 4.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 4.5.1 Section 401 WQC requirement Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 4.5.2 401(a)(2) Process If the certifying authority granted an individual WQC, did EPA make a determination that the CESAW-RG (File Number, SAW-2022-01807) discharge 'may affect' water quality in a neighboring jurisdiction? No If Yes, provide an explanation of the determination of the effect on neighboring jurisdiction. 4.6 Coastal Zone Management Act (CZMA) 4.6.1 CZMA consistency concurrence Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 4.7 Wild and Scenic Rivers Act 4.7.1 National Wild and Scenic River System Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 4.8 Effects on Corps Civil Works Projects (33 USC 408) 4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33 USC 408) Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.9 Other (as needed) N/A 4.10 Compliance Statement The Corps has determined that it has fulfilled its responsibilities under the following laws, regulations, policies, and guidance: Table 3 — Compliance with Federal Laws and Responsibilities Laws, Regulations, Policies, and Guidance Yes N/A Section 7(a) (2) of the ESA X CESAW-RG (File Number, SAW-2022-01807) Table 3 — Compliance with Federal Laws and Responsibilities Laws, Regulations, Policies, and Guidance Yes N/A EFH provisions of the Magnuson -Stevens Act X Section 106 of the NHPA X Tribal Trust X Section 401 of the CWA X CZMA X Wild and Scenic Rivers Act X Section 408 - 33 USC 408 X Other: Select N/A or enter other laws, regulations, policies, and guidance identified in Section 4.9 above. X 5.0 Special Conditions 5.1 Special condition(s) requirement(s) Are special conditions required to ensure minimal effects, ensure the authorized activity is not contrary to the public interest and/or ensure compliance of the activity with any of the laws above? No. If no, provide rationale: The terms and conditions of the general permit are sufficient to ensure no more than minimal adverse effects, and no conditions are needed for compliance with other laws or to protect the public interest. 6.0 Determination 6.1 General Permit Statement The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest. 6.2 Compliance Statement This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. PREPARED BY: Date: 9/13/2022 April Norton REVIEWED BY: CESAW-RG (File Number, SAW-2022-01807) ARN APPROVED BY: ARN Date: Date: CESAW-RG (File Number, SAW-2022-01807)