20140194 Ver 1_SAW-2014-00517_NW27 DMS_20151120

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID: SAW-2014-00517 County: Burke USGS Quad: Oak Hill

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Owner/Applicant: North Carolina Division of Mitigation Services Attn: Mr. Tim Baumgartner
Address: 1652 Mail Service Center
Raleigh, NC 27699-1652

Authorized Agent: ICA/HDR Engineering, Inc. Attn: Mr. Ben Furr
Address: 5121 Kingdom Way, Suite 100
Raleigh, North Carolina 27607

Size and location of property (waterbody, road name/number, town, etc.): The 17.3-acre Roses Creek Mitigation Site is
located north of Fish Hatchery Road, northwest of its intersection with Highway 181, northwest of Morganton, in
Burke County, North Carolina.

Site Coordinates: 35.850953 ºN, -81.819541 ºW Waterway: Roses Creek River 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
Roses Creek 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 CONDITIONS ON 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 October 1, 2015. Any violation of the attached
conditions or deviation from your submitted 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 requirements
of the 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 to beginning 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 contact Andrea Hughes at telephone [phone].

Corps Regulatory Official: Date: November 20, 2015

Expiration Date of Nationwide Permit Verification: March 18, 2017
HUGHES.ANDREA.WADE.
1258339165
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: 2015.11.20 14:55:25 -05'00'
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Summary of Authorized Impacts and Required Mitigation
NWP
Open Water
(ac) Wetland (ac) Streams (lf)
Impact Type Label Temporary Impact Type Label Temporary Permanent
27 Excavation W1 0.05 Fill/Relocate/Excavate S1 3,388
27 Construction Access W2 0.01 Fill/Relocate/Excavate S2 268
27 Stabilization S3 62
27 Fill/Relocate/Excavate S4 77
27 Fill/Relocate/Excavate S5 609
27 Fill/Relocate/Excavate S6 558

Impact
Totals 0.06 4,962
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)
*Impacts are 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. The applicant acknowledges and agrees that all tree removal activities associated with this permit will be
performed only between October 15 and April 15 (of any year) to protect roosting Northern Long-Ear
Bats and non-volant pups.

3. This Nationwide Permit 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)

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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 described project area have been identified under a previous action.
Please reference the jurisdictional determination issued on December 16, 2014 (Action ID: SAW-2014-00517).

Basis of Jurisdictional Determination: N/A

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 of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information (This information applies only to approved jurisdictional determinations as 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 Division Office 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: November 20, 2015 Expiration Date of Jurisdictional Determination: N/A

HUGHES.ANDREA.WA
DE.1258339165
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: 2015.11.20 14:56:16 -05'00'

WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM

Action ID Number: SAW-2014-00517 County: Burke

Permittee: North Carolina Division of Mitigation Services
Attn: Mr. Tim Baumgartner

Date Permit Issued: November 20, 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 address of 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 Permittee Date