NWP27_Millstone Creek_Randolph Co_SAW-2019-01363_Phase II

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2019-01363 County: Randolph U.S.G.S. Quad: Coleridge

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: NC Division of Mitigation Services
Attn: Mr. Lin Xu
Address: 217 West Jones Street, Suite 3000A
Raleigh, North Carolina 27603
Telephone:[phone]

Size (acres) 17.96 Nearest Town Ramseur
Nearest Waterway Millstone Creek River Basin Cape Fear
USGS HUC 03030003 Latitude: 35.696683 °N Longitude: -79.623956°W

Location description: The NCDMS 17.96-acre Millstone Creek Mitigation Site is located at 5567
Joe Dean Trail, Ramseur, Randolph County, North Carolina. PIN 8710492424.

Description of projects area and activity: The applicant, NCDMS 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 NCDMS Millstone Creek Mitigation Site. Implementation of
the proposed restoration and enhancement activities will result in the discharge of fill material
into 3,585 linear feet of stream channel, and 0.106 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 June 14, 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
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,
SAW-2019-01363

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 [phone].

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, [phone]

Corps Regulatory Official: Date: August 15, 2023
Expiration Date of Verification: March 14, 2026

SAW-2019-01363

Table 1. Authorized discharge of fill material into waters of the United States in association with the
NCDMS Millstone Creek Mitigation Site (SAW-2019-01363).

1. Total Impacts: Stream – 3,585 LF, Wetland 0.106 ac

Impact
Number

Classificati
on
Fill
Length
of
Stream
(lf)
Fill
acreage
wetland
(ac)

Duration of
Fill Material

Regulated
Discharge of Fill
Material Activity

W1
Non-Tidal
Freshwater
Marsh

0.003

Permanent Ecological
Restoration

W2
Non-Tidal
Freshwater
Marsh

0.079
Temporary Ecological
Restoration

W3
Non-Tidal
Freshwater
Marsh

0.024
Temporary Ecological
Restoration
S1&2/MCR1 River/Stream
-PER
1492
Temporary Ecological
Restoration
S3,4,5/MCR2 River/Stream
-PER 553
Temporary Ecological
Restoration
S6/NTR1 River/Stream
-PER
303
Temporary Ecological
Restoration
S7/NTR2 River/Stream
-PER
103
Temporary Ecological
Restoration
S8/UTA R1 River/Stream
-PER
505
Temporary Ecological
Restoration
S9/UTA R2 River/Stream
-PER
100
Temporary Ecological
Restoration
S10/UTB River/Stream
-PER
529
Temporary Ecological
Restoration

*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 “Millstone Creek
Mitigation Site” dated May 7, 2020 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. The following conservation measure is hereby incorporated as special condition of
this permit: (1) trees will be removed from October 15 – March 31 outside of the bat
active season for tree-roosting species.
3. 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-2019-01363

COMPLIANCE CERTIFICATION

Action ID Number: SAW-2019-01363 County: Randolph

Permittee: NC Division of Mitigation Services
Attn: Mr. Lin Xu
Project Name: NCDMS Millstone Creek Mitigation Site

Date Verification Issued: August 15, 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: Casey Haywood
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