20140193 Ver 1_USACE Permit_20151030

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2014-00538 County: Catawba USGS Quad: Hickory
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Owner/Applicant:North Carolina Division of Mitigation Services Attn: Mr. Lin Xu
Address:1652 Mail Service Center
Raleigh, NC 27699-1652
Authorized Agent:Wildlands Engineering, Inc. Attn: Jake McLean
Address:167-B Haywood Road
Asheville, NC28806
Size and location of property (waterbody, road name/number, town, etc.): The 48-acre Henry Fork Mitigation Siteis
locatednorthwest of the intersection of Harris Farm Road and Mountain View Road, southwest of Hickory,
CatawbaCounty, North Carolina.
Site Coordinates: 35.7028ºN -81.3644ºW Waterway:Henry ForkRiver Basin: Catawba
Description of project area and activity: This permit authorizes stream channel relocation, excavation, mechanized
land clearing, and the placement of fill material associated with restoration and enhancement activities for the
Henry Fork Mitigation Site. Authorized impacts to waters of the U.S. are identified on page 2 of this authorization.
Applicable Law:Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act,33 USC 403)
Authorization:Nationwide or Regional General Permit Number(s): 27
SEE ATTACHED NATIONWIDE CONDITIONS AND SPECIAL CONDITIONSON PAGE 2 OF THIS FORM
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 September 16, 2015. Any violation of the
attached conditions or deviation from yoursubmitted plans may subject the permittee to a stop work order, a restoration
order and/or appropriate legal action.
x This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all require ments
ofthe modified nationwide permit. If the nationwide 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 permit, will remain
authorized provided the activity is completed within twelve months of the date of the nationwide 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.
x 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[phone]) to determine Section 401 requirements.
x For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior tobeginning work you must contact the N.C. Division of Coastal Management.
x 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.
x If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contactAndrea Hughesat telephone [phone].
Corps Regulatory Official:Date: October 30, 2015
Expiration Date of Nationwide Permit Verification: March 18, 2017
HUGHES.ANDREA.WADE.125
8339165
Digitally signed by HUGHES.ANDREA.WADE.1258339165
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=HUGHES.ANDREA.WADE.1258339165
Date: 2015.10.30 17:19:39 -04'00'
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Summary of Authorized Impacts and Required Mitigation
NWP
Open Water
(ac)Wetland (ac)Streams (lf)
Impact TypeLabelTemporaryImpact TypeLabelTemporaryPermanent
27 ExcavationW1 0.182 Fill/Relocate/Excavate S1 1134
27 ExcavationW2 0.013 Fill/Relocate/ExcavateS2 270
27 ExcavationW3 0.003 Fill/Relocate/ExcavateS3 1031
27 ExcavationW4 0.013 Fill/Relocate/ExcavateS4 143
27 ExcavationW6 0.003 Fill/Relocate/ExcavateS5 230
27 ExcavationW7 0.012 Fill/Relocate/ExcavateS6 369
27 ExcavationW8 0.009 Fill/Relocate/ExcavateS7 376
27 ExcavationW9 0.001 Fill/Relocate/ExcavateS8 76
27 Fill W10 0.059 Fill/Relocate/ExcavateS9 1915
27 Excavation W11 0.02
27 Construction AccessW12 0.065
27

Impact
Totals 0.380 0 0 5544
Total Loss of Waters of the U.S. (ac) 0* Total Loss of Waters of the
U.S. (lf) 0*
Required Wetland Mitigation (ac) Required Stream Mitigation
(lf)
*Impactsare associated with stream restoration and enhancement activities and are expected to result in a net gain in
Waters of the US.
Additional Remarks and/or Special Permit Conditions:
1.The activities will be conducted in accordance with the information submitted and meet the conditions applicable
to the NWP, as described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions.
2.This NationwidePermit verification does not imply approval of the 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 our public interest review and 404 (b) (1) Guidelines analysis
during the permit review process for that project.
Copy Furnished:NCIRT (Electronic Copy)
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 our website at
http://regulatory.usacesurvey.com/ to complete the survey online.
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Determination of Jurisdiction
A. Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area.This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331).
B. There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there
is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
D. The jurisdictional areas within the above describedproject area have been identified under a previous action.
Please reference the jurisdictional determination issued on August 28, 2014 (Action ID: SAW-2014-00538).
Basis of Jurisdictional Determination:
E.Attention USDA Program Participants:This delineation/determination has been conducted to identify the limits of
Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination
may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are
USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland
determination from the local office ofthe Natural Resources Conservation Service, prior to starting work.
F.Appeals Information (This information applies only to approved jurisdictional determinationsas indicated in
B and C above):This correspondence constitutes an approved jurisdictional determination for the above described
site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR
Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA)
form. If you request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete;that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the DivisionOffice within 60 days of the date of the
NAP. Should you decide to submit an RFA form, it must be received at the above address by.It is not necessary
to submit an RFA form to the District Office if you do not object to the determination in this correspondence.
Corps Regulatory Official:
Date:October30,2015 Expiration Date of Jurisdictional Determination:seeabove
HUGHES.ANDREA.WADE.1
258339165
Digitally signed by HUGHES.ANDREA.WADE.1258339165
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA,
cn=HUGHES.ANDREA.WADE.1258339165
Date: 2015.10.30 17:20:42 -04'00'
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number:SAW-2014-00538 County:Catawba
Permittee:North Carolina Division ofMitigation Services Attn: Mr. Lin Xu
Date Permit Issued:October30, 2015
Project Manager:Andrea Hughes
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the addressof the Regulatory Field Office indicated below:
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Washington Regulatory Field Office
US Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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 PermitteeDate