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HomeMy WebLinkAbout20230094 Ver 1_USACE Permit_20230921U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00134 County: Lee U.S.G.S. Quad: NC-Moncure GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: City of Sanford Attn: Victor Czar Address: 225 East Weather Street Sanford, NC 27330 E-mail: victor.czar(&sanfordnc.net Size (acres) —42 Nearest Town Sanford Nearest Waterway Cape Fear River River Basin Cape Fear USGS HUC 03030004 Coordinates 35.5490177,-79.0253303 to 35.5351713,-79.0497957 Location description: The project area extends from the Cape Fear River iust north of Avents Ferry Road approximately 1.5 miles southwest to the existing Sanford Water Filtration Facility on the east side of Poplar Springs Church Road, near Sanford, in Lee County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of dredged or rill material into potential waters of the US necessary to replace and upgrade the existing Sanford raw water intake, pump station, conveyance line, and Water Filtration Facility to support intake capacity upgrades of 30 million gallons per (MGD), consisting of 8 distinct sites roiects : 1) Site 1 (Stream Impacts S5/S6, Wetland Impact W6) requires the permanent discharge of rill material into a total of 0.004 acre (141 linear feet) of stream channel and 0.03 acre of wetlands, and the temporary discharge of rill material into a total of 0.003 acre (90 linear feet) of stream channel, for access road installation and grading to upgrade the existing Sanford Water Filtration Facility; 2) Site 2 (Stream Impact S4) requires the temporary discharge of dredged material into a total of 0.006 acre (69 linear feet) of stream channel for waterline construction access and installation; 3) Site 3 (Stream Impact S1) requires the temporary discharge of dredged material into a total of 0.001 acre (82 linear feet) of stream channel for waterline construction access and installation; 4) Site 4 (Wetland Impact Wl) requires the temporary discharge of dredged or rill material into a total of 0.28 acre of wetlands, as well as the permanent conversion of 0.53 acre from forested to herbaceous wetlands, for waterline construction access, installation, and maintenance; 5) Site 5 (Wetland Impact W4) requires the temporary discharge of dredged or fill material into a total of 0.09 acre of wetlands, as well as the permanent conversion of 0.24 acre from forested to herbaceous wetlands, for waterline construction access, installation, and maintenance; 6) Site 6 (Wetland Impact W2) requires the temporary discharge of dredged or rill material into a total of 0.09 acre of wetlands, as well as the permanent conversion of 0.14 acre from forested to herbaceous wetlands, for waterline construction access, installation, and maintenance; 7) Site 7 (Wetland Impact W3) requires the temporary discharge of dredged or fill material into a total of 0.13 acre of wetlands, for waterline construction access and installation; 8) Site 8 (Stream Impacts S2/S3, Wetland Impact W5) requires the permanent discharge of fill material into a total of 0.005 acre of the Cape Fear River and the temporary discharge of fill material into a total of 0.60 acre of the Cape Fear River and 0.005 acre of wetlands, for access and installation of a raw water intake and pump station. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 58. Utility Line Activities for Water and Other Substances; Nationwide Permit 7.Outfall Structures and Associated Intake Structures Page 1 of 2 Form Version 10 June 2020 updated SAW-2023-00134 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 1/16/2023, revised and additional information provided via email on 3/15, 5/15, 6/29, 8/28, 8/29, and 9/7/2023, and the enclosed plans "Delineation Impact Man" 1-8, "Sanford Water Filtration Facility 30 MGD Expansion" Drawing Numbers PPG1, PP1-PP17, C051, C053, C055, C001 (July 2023), C001 (March 2023), C002, C003, C006, C010-0016, CO20-0O26, Cl, and CD1. 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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. 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 David E. Bailev at (919) 817-2436 or David.E.Bailev2(&usace.armv.mil. Corps Regulatory Official: Date: 09/20/2023 Expiration Date of Verification: 3/14/2026 SAW-2023-00134 SPECIAL CONDITIONS 1. 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 authorization. 2. Temporary discharge of excavated or fill material into wetlands and streams will be for the absolute minimum period of time necessary to accomplish the work, and such authorized crossings will be restored per the following: a. All authorized temporary wetland and stream impacts must be returned to pre -disturbance grade and contour and re -vegetated per "Sanford Water Filtration Facility 30 MGD Expansion" Drawing Number C001 (July 2023) "Seeding Schedule." b. In wetland areas where pipeline installation via trenching is authorized, wetland topsoil must be segregated from the underlying subsoil, and the top 6 to 12 inches of the trench must be backfilled with topsoil from the trench per "Sanford Water Filtration Facility 30 MGD Expansion" Drawing Number C001 (July 2023) Erosion Control note 11. r Corps Regulatory Official: Date: 09/20/2023 Expiration Date of Verification: 3/14/2026 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 https://regulatory.ops.usace.amm� mil/customer-service-survey. Copy furnished (electronically): Kayla Bivens, Hazen and Sawyer, kbivens(a�,hazenandsawyer.com Sue Homewood, NCDEQ-NCDWR, sue.homewood(a�deq.nc.gov Zachary Thomas, NCDEQ-NCDWR, zachaa.thomas(a�,ncdenr.gov Compensatory Mitigation Responsibility Transfer Form Permittee: City of Sanford, Attn: Victor Czar Action ID: SAW-2023-00134 Project Name: Sanford Water Filtration Facility 30 MGD Expansion / Avents Ferry Road / Cape Fear River County: Lee Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030004, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.91 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030004, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.91 Mitigation Site Debited: Wildlands Holdings - Middle Cape Fear Umbrella Mitigation Bank: Daniels Creek Mitigation Site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: