HomeMy WebLinkAboutNWP27_Pantera_SAW-2022-00606U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00606 County: Wayne U.S.G.S. Quad: Grantham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Resource Environmental Solutions, LLC
Attn: Matthew DeAngelo
Address: 3600 Glenwood Avenue
Raleigh, North Carolina 27612
Email: mdeangelo@res.us
Size (acres) 65.58 Nearest Town Goldsboro
Nearest Waterway Falling Creek River Basin Neuse
USGS HUC 03020201 Coordinates 35.3229, -78.1583
Location description: The RES Neuse 01 UMB – Pantera Mitigation Project, is located west of
Falling Creek Church Road in Goldsboro, Wayne County, North Carolina. PINs: 2557057552,
2557034427, 2557340089, 2557248711.
Description of projects area and activity: The applicant, Resource Environmental Solutions, LLC
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 RES Neuse 01 UMB – Pantera
Mitigation Project (Bank). Implementation of the proposed restoration and enhancement
activities will result in the discharge of fill material into 9,598 linear feet of stream channel, and
1.563 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: Nationwide Permit 27. Aquatic Habitat Restoration, Enhancement, and
Establishment Activities
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 and your submitted application and attached
information dated 12/21/2023, and subsequent information received via email on 1/31/2024 and
RIBITS on 3/14/2024. 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.
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.
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 Erin Davis, (919) 930-1887.
Corps Regulatory Official: Date: 3/18/2024
Expiration Date of Verification: March 14, 2026
SAW-2022-00606
Table 1. Authorized discharge of fill material into waters of the United States in association with the
RES Neuse 01 UMB – Pantera Mitigation Project (SAW-2022-00606).
1. Total Impacts: Stream – 9,598 LF, Wetland 1.563 ac
Impact
Number Classification
Fill
Length of
Stream
(lf)
Fill
Width of
Stream
(ft)
Fill
Acreage
wetland
(ac)
Duration of
Fill Material
Regulated Discharge
of Fill Material Activity
W1 / WA Headwater
Forest 0.076 Temporary Ecological Restoration
W2 / WB Headwater
Forest 1.425 Temporary Ecological Restoration
W4 / WA Headwater
Forest 0.009 Permanent Ecological Restoration
W5 / WB Headwater
Forest 0.053 Permanent Ecological Restoration
TOTAL
WETLAND
IMPACTS
1.563
S1 / PH1-A River/Stream
– INT 2628 6 Permanent Ecological Restoration
S2 / PH1-B River/Stream
– INT 150 8 Permanent Ecological Restoration
S3/ PH2 River/Stream
– INT 384 2 Permanent Ecological Restoration
S4 / PH3-A River/Stream
– INT 138 5 Permanent Ecological Restoration
S5 / PH3-B River/Stream
– INT 709 6 Permanent Ecological Restoration
S6 / PH3-C River/Stream
– INT 78 7 Permanent Ecological Restoration
S7 / PH4 River/Stream
– INT 2127 5 Permanent Ecological Restoration
S8 / PH5 River/Stream
– INT 1603 3 Permanent Ecological Restoration
S9 / PH6-A River/Stream
– INT 704 6 Permanent Ecological Restoration
S10 /
PH6-B
River/Stream
– INT 808 6 Permanent Ecological Restoration
S11 /
PH6-C
River/Stream
– INT 30 4 Permanent Ecological Restoration
S12 /
PH7-A
River/Stream
– INT 41 3 Permanent Ecological Restoration
S13 /
PH7-B
River/Stream
– INT 198 3 Permanent Ecological Restoration
TOTAL
STREAM
9,598
*Impacts are associated with aquatic resource restoration and enhancement activities and are expected to result
in a net gain in Waters of the US.
SAW-2022-00606
SPECIAL CONDITIONS
1. The permittee understands and agrees that the document entitled “Pantera Mitigation
Project Final Mitigation Plan” dated March 2024, 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. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On
September 14, 2022, the USFWS published a proposal in the Federal Register to list the
tricolored bat as endangered under the Endangered Species Act (ESA). The permittee
understands and agrees that all work associated with the clearing and removal of trees
and removal or modification of culverts must be completed prior to the effective date of
the final listing in the Federal Register. Work associated with the aforementioned
activities not completed by that time must cease and the permittee must contact the
Corps’ (Attn: Erin Davis, (919) 930-1887 or Erin.B.Davis@usace.army.mil) to determine if
additional coordination with the United States Fish and Wildlife Service is required under
Section 7 of the Endangered Species Act prior to continuing work.
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-2022-00606
COMPLIANCE CERTIFICATION
Action ID Number: SAW-2022-00606 County: Wayne
Permittee: Resource Environmental Solutions, LLC
Attn: Matthew DeAngelo
Project Name: RES Neuse 01 UMB – Pantera Mitigation Project
Date Verification Issued: March 18, 2024
Project Manager: Todd Tugwell
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: Todd Tugwell
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