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HomeMy WebLinkAboutNWP27_NCDMS Bug Headwaters_SAW-2018-01788U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-01788 County: Wilkes U.S.G.S. Quad: NC -Thurmond GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NC Division of Mitigation Services Permittee: Wildlands Engineering, Inc Attn: Mr. Lin Xu Attn: Jeff Keaton Address: 217 West Jones Street, Suite 3000A Address: 312 W Millbrook, Suite 225 Raleigh, North Carolina 27603 Raleigh, NC 27609 Telephone :919-707-8319 Telephone 919-851-9986 Size (acres) 22.7 Nearest Waterway Big Bugaboo Creek USGS HUC 03040101 Nearest Town Traphill River Basin Yadkin-PeeDee Latitude: 36.320698°N Longitude:-80.984329°W Location description: The NCDMS Bug Headwaters Mitigation site is located at 8600 Austin Traphill Rd, Traphill, Wilkes County, North Carolina. (PIN 1902517, 1902520). Description of aroiects area and activity: The co -applicants. NCDMS and Wildlands Enaineerin Inc have 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 Bug Headwaters Mitigation Site. Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 419 linear feet of stream channel, and 0.044 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 reauired in coniunction 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 8/11/2023. 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 SAW-2018-01788 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 Casey M Digitally signed by Casey M Haywood Corps Regulatory Official: Haywood Date: 2023.09.2615:10:31-04'00' Date: 9/26/2023 Expiration Date of Verification: March 14, 2026 SAW-2018-01788 Table 1. Authorized discharge of fill material into waters of the United States in association with the NCDMS Bug Headwaters Mitigation Site (SAW-2018-01788). 1. Total Impacts: Stream — 419 LF, Wetland 0.044 AC Impact Fill Length Fill acreage Duration of Fill Regulated Discharge of Number Classification of Stream wetland Material Fill Material Activity (if) (ac) W-1 Headwater Forest Temporary Repair/Ecological 0.022 Restoration Headwater Forest W-2 Temporary Ecological Restoration 0.001 Bottomland Hardwood W-3 Forest 0.021 Temporary Ecological Restoration TOTAL WETLAND 0.044 IMPACTS S 1 River/Stream Pennanent Stabilization/Ecological 119 Restoration S2 River/Stream Pennanent Stabilization/Ecological 20 Restoration S3 River/Stream Pennanent Stabilization/Ecological 252 Restoration S4 River/Stream Pennanent Stabilization/Ecological 28 Restoration TOTAL STREAM IMPACTS 419 *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 "Mitigation Plan Final - Bug Headwaters" dated September 2020, and the Memorandum dated July 7, 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. Tree clearing must be avoided from April 1 to October 15, when TCB (and NLEB) is most likely to be foraging/roosting in forested areas, and during pup season (June 1 - July 31). 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-2018-01788 COMPLIANCE CERTIFICATION Action ID Number: SAW-2018-01788 Permittee: NC Division of Mitigation Services Attn: Mr. Lin Xu Project Name: NCDMS Bug Headwaters Mitigation Site Date Verification Issued: September 26, 2023 Project Manager: Steve Kichefski County: Wilkes Wildlands Engineering, Inc. Attn: Jeff Keaton 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