20201654 Ver 2_USACE Permit_20220412 (2)

CESAW-2020-00632, Mulberry Farm — Madison LLC (Madison County, NC)
Special Conditions
a. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans dated June 16, 2022 and September
14, 2022, which are a part of this permit. The Permittee shall ensure that the
construction design plans for this project do not deviate from the permit plans
attached to this authorization. Any modification to the attached permit plans must
be approved by the U.S. Army Corps of Engineers (Corps) prior to any active
construction in waters or wetlands.
b. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps -approved modification to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
C. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit 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 permit. A copy of this permit, including all conditions and drawings
shall be available at the project site during construction and maintenance of this
project.
d. Preconstruction Meeting: The Permittee shall conduct an onsite
preconstruction meeting between its representatives, the contractor's
representatives and the appropriate U.S. Army Corps of Engineers Project
Manager prior to undertaking any work within jurisdictional waters and wetlands
to ensure that there is a mutual understanding of all terms and conditions
contained within the Department of the Army permit. The Permittee shall
schedule the preconstruction meeting for a time frame when the Corps and
NCDWR Project Managers can attend. The Permittee shall invite the Corps and
NCDWR Project Managers a minimum of thirty (30) days in advance of the
scheduled meeting in order to provide those individuals with ample opportunity to
schedule and participate in the required meeting. The thirty (30) day requirement
can be waived with the concurrence of the Corps.
e. Notification of Construction Commencement and Completion: The
Permittee shall notify the U.S. Army Corps of Engineers in writing prior to
beginning the work authorized by this permit and again upon completion of the
work authorized by this permit.
Reporting Address: All reports, documentation, and correspondence required
by the conditions of this permit shall be submitted to the following: U.S. Army
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CESAW-2020-00632, Mulberry Farm — Madison LLC (Madison County, NC)
Special Conditions
Corps of Engineers, Wilmington Distric
Patton Avenue, Room 208, Asheville,
Permittee shall reference the following
on all submittals.
Asheville Regulatory Field Office, 151
JC 28801 or [phone]. The
permit number, AID: SAW-2020-00632,
g. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense
to the United States and in such time and manner as the Secretary of the Army
or his authorized representative may direct, restore the water or wetland to its
pre -project condition.
h. Reporting Violations: Violation of these permit conditions or violation of Section
404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be
reported to the Corps in writing and by telephone at: 828-271-7980 within 24
hours of the Permittee's discovery of the violation.
Endangered Species Act: The Permittee shall implement all necessary
measures to ensure the authorized activity does not kill, injure, capture, harass,
or otherwise harm any federally listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes an
injured or dead threatened or endangered species, the U.S. Army Corps of
Engineers, Wilmington District Asheville Regulatory Field Office, 151 Patton
Avenue, Room 208, Asheville, NC 28801 or [phone] will be immediately
notified to initiate the required Federal coordination.
Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters and/or wetlands.
k. Sediment and Erosion Control:
1) During the clearing phase of the project, heavy equipment shall not be
operated in surface waters or stream channels. Temporary stream crossings will
be used to access the opposite sides of stream channels. All temporary diversion
channels and stream crossings will be constructed of non -erodible materials.
Grubbing of riparian vegetation will not occur until immediately before
construction begins on a given segment of stream channel.
2) No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the
impacts are included on the plan drawings and specifically authorized by this
permit. This includes, but is not limited to, sediment control fences and other
barriers intended to catch sediment losses.
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CESAW-2020-00632, Mulberry Farm — Madison LLC (Madison County, NC)
Special Conditions
3) The Permittee shall remove all sediment and erosion control measures placed
in waters and/or wetlands, and shall restore natural grades on those areas, prior
to project completion.
4) The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual" to ensure
compliance with the appropriate turbidity water quality standard. Erosion and
sediment control practices shall be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such
Best Management Practices in order to ensure compliance with the appropriate
turbidity water quality standards. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project shall
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any
ground disturbing activities to minimize impacts to downstream aquatic
resources. These measures shall be inspected and maintained regularly,
especially following rainfall events. All fill material shall be adequately stabilized
at the earliest practicable date to prevent sediment from entering into adjacent
waters or wetlands.
Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and
plastic products, and concrete block with exposed metal reinforcement bars.
Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act. Unless
otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source.
M. Water Contamination: All mechanized equipment shall be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the Permittee shall
immediately report it to the N.C. Division of Water Resources at [phone]
or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act shall be followed.
n. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming
into contact with any water in or entering into waters of the United States. Water
inside coffer dams or casings that has been in contact with concrete shall only be
returned to waters of the United States when it no longer poses a threat to
aquatic organisms (concrete is set and cured).
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CESAW-2020-00632, Mulberry Farm — Madison LLC (Madison County, NC)
Special Conditions
o. Compensatory Mitigation: In order to compensate for impacts associated with
this permit, mitigation shall be provided in accordance with the provisions
outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special
conditions of this permit.
p. Gray Bat: During its active season (March 15 - November 15), the federally
endangered Gray Bat (Myotis grisescens) forages for insects along rivers,
reservoirs, ponds, and wetlands. A special permit condition for a tree clearing
moratorium to prevents impacts to suitable forage and commuting habitats within
the action area during its active season is required.
q. Northern Long -Eared Bat: During its active season (April 1 - October 15), the
federally endangered Northern Long -Eared Bat (Myotis septentrionalis) may
forage and roost among wooded habitats within the proposed action area. A
special permit condition for a tree clearing moratorium that prevents impacts to
suitable forage and roosting habitats within the action area during its active
season is required.
Lighting Requirements: Limit any proposed night work to what is necessary for
the expressed purpose of the project and to maintain safety in active work areas.
Orient temporary and permanent lighting away from riparian and upland habitats
that may be used for forage and commuting during the gray bat active season
Limit the number of fixtures, hours of illumination, and light intensity to the lowest
levels necessary to maintain human health and safety. Use warmer colored
lighting (Correlated Color Temperature <3,000K). Avoid the use of metal halide
or mercury light fixtures. Use light fixtures that minimize light trespass/light
spillage (BUG rating of 1-0-1 or less). Minimize height of outdoor lighting to
reduce light trespass/light spillage (<25 feet above lowest adjacent grade).
Position lights to maintain dark zone corridors along riparian habitats and
adjacent uplands that may be used for forage and commuting.
S. Compensatory Mitigation: The Permittee shall contact the U.S. Army Corps of
Engineers, Wilmington District Asheville Regulatory Field Office, 151 Patton
Avenue Room 208 Asheville, NC 28801 or [phone] to provide Corps staff
with the opportunity to attend the annual mitigation monitoring meetings.
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