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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