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HomeMy WebLinkAboutNWP3_Moores Fork_SAW-2011-02257U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2011-02257 County: Surry U.S.G.S. Quad: NC- Dobson 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:919-707-8319 Size (acres) 134.32 Nearest Town Mt Airy Nearest Waterway Moores Creek River Basin Yadkin- Pee Dee USGS HUC 03040101 Latitude: 35.567147°N Longitude: -80.666127°W Location description: The NCDMS Moores Fork Mitigation site is located on an existing conservation easement along Moores Fork and 13 of its unnamed tributaries. The site is near Mt. Airy in Surry County, NC. Description of projects area and activity: This permit authorizes mechanized land clearing, excavation, and the placement of fill material associated with stream restoration and enhancement activities for the Moores Fork Stream Mitigation Site. The impacts associated with this permit include 456 linear feet of stream channel. See page 2 for details. 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 3 – Maintenance 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 January 5, 2024. 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. SAW-2011-02257 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 Steve Kichefski, (828) 933-8032 Corps Regulatory Official: Date: ____12FEB24______ Expiration Date of Verification: March 14, 2026 SAW-2011-02257 Table 1. Authorized discharge of fill material into waters of the United States in association with the NCDMS Moores Fork Mitigation Site (SAW-2011-02257). 1. Total Impacts: Stream – 456LF Impact Number Classification Fill Length of Stream (lf) Fill acreage wetland (ac) Duration of Fill Material Regulated Discharge of Fill Material Activity S1 River/Stream 98 Permanent Stabilization- Riffle repair S2 River/Stream 82 Permanent Stabilization- Live lift S3 River/Stream 125 Permanent Stabilization- Bank grading S4 River/Stream 90 Permanent Stabilization- Live lift S5 River/Stream 61 Permanent Stabilization- Riffle repair TOTAL STREAM IMPACTS 456 *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 construction plans entitled “Moores Fork 2023 Repair” dated 04DEC2023, 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, and the activities will be conducted in accordance with the information submitted and meet the conditions applicable to the NWP. 2. It is understood that the repair does not require tree removal; however, if removal will be needed, tree clearing must be avoided from April 1 to October 15, when TCB, NLEB and the Gray Bat will most likely be foraging/roosting in forested areas. 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-2011-02257 COMPLIANCE CERTIFICATION Action ID Number: SAW-2011-02257 County: Surry Permittee: NC Division of Mitigation Services Attn: Mr. Lin Xu Project Name: NCDMS Moores Fork Mitigation Site Date Verification Issued: February 12, 2024 Project Manager: Steve Kichefski 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: Steve Kichefski 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 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