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HomeMy WebLinkAboutNWP27_RES CF02-Tobacco Road SAW-2021-00489U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00489 County: Alamance U.S.G.S. Quad: Saxapahaw GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Resource Environmental Solutions Attn: Benton Carroll Address: 3600 Glenwood Ave, Suite 100 Raleigh, North Carolina 27612 Telephone: 336-514-0927 Size (acres) 42.29 Nearest Town Saxapahaw Nearest Waterway Motes Creek River Basin Cape Fear USGS HUC 03030002 Latitude: 35.973063°N Longitude: -79.282234°W Location description: The RES Cape Fear 02 UMB – Tobacco Road Mitigation Project, is located at 5429 Thom Road in Mebane, Alamance County, North Carolina. PIN: 161951 & 161995. Description of projects area and activity: The applicant, Resource Environmental Solutions, has requested a Department of the Army permit authorization to discharge dredged and/or fill material into waters of the United States associated with the RES Cape Fear 02 UMB – Tobacco Road Mitigation Project (Bank). Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 5,733 linear feet of stream channel, and 0.555 acres of wetlands associated with mechanized land clearing, excavation, placement of fill material, and stream relocation activities for the mitigation site. Compensatory mitigation is NOT required in conjunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed summary of impacts. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated April 18, 2023. 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 SAW-2021-00489 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 in 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 Casey Haywood, (919) 750-7397. Corps Regulatory Official: Date: June 20, 2023 Expiration Date of Verification: March 14, 2026 SAW-2021-00489 Table 1. Authorized discharge of fill material into waters of the United States in association with the RES Cape Fear 02- Tobacco Road Mitigation Site (SAW-2021-00489). 1.Total Impacts: Stream – 5,733 LF, Wetland- 0.555 ac Wetland Impacts: SAW-2021-00489 Stream Impacts: *Impacts are associated with aquatic resource restoration and enhancement activities and are expected to result in a net gain in Waters of the US. SPECIAL CONDITIONS 1.The permittee understands and agrees that the document entitled “Final Mitigation Plan Tobacco Road Mitigation Site” dated April 2023, is incorporated and made part of this permit. Execution of the work and terms given in the approved mitigation plan are a condition of this permit. 2.This Nationwide Permit verification does not imply suitability of this property for compensatory mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during the permit review process for that project. SAW-2021-00489 COMPLIANCE CERTIFICATION Action ID Number: SAW-2021-00489 County: Alamance Permittee: Resource Environmental Solutions Attn: Benton Carroll Project Name: RES Cape Fear 02 UMB – Tobacco Road Mitigation Project Date Verification Issued: June 20, 2023 Project Manager: Kim Isenhour 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 Regulatory Division Mitigation Office Attn: Kim Isenhour 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 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