HomeMy WebLinkAbout20221564 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)