20231655 Ver 1_4. SAW-2023-01852 NWP 27_20240408

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
CHARLOTTE REGULATORY OFFICE
8430 UNIVERSITY EXECUTIVE PARK DRIVE, SUITE 615
CHARLOTTE NORTH CAROLINA 28262
December 22, 2023
Regulatory Program/Division
Drew Foy
Assistant Director of Public Utilities
City of Hickory
PO Box 398
Hickory, NC 28603-0398
Via Email: [e-mail]
Dear Mr. Foy:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Charlotte on December 4, 2023, for a Department of the Army
Nationwide permit (NWP) verification. This project has been assigned the file number
SAW-2023-01852 and is known as NE WWTP Facility Hardening & Stream Restoration
Project . This file number should be referenced in all correspondence concerning this
project.
A review of the information provided indicates that the proposed work would include
the On the upstream side of Cloninger Mill Road, Falling creek flows approximately 800
feet directly adjacent to the full extent of the Southern border of the northeast treatment
facility. The drainage area for falling creek is estimated to be 5.3 square miles at the
Cloninger mill crossing. The area is built up with low to medium density surburban
communities, resulting in 22% impervious cover within the watershed according to the
US geographical survey streamstats web mapping application. This segment of the
stream is characterized by overly high and actively eroding banks, especially on the
right bank opposite the WWTP facility. The bank heigh reaches 15-20 feet from the
bottom of the channel. On the downstream side of Cloninger mills road, falling creek
flows approximately 800 feet before encountering a large bedrock outcrop that creates a
cascading set of falls down to the backwater of lake hickory. This reach runs directly
adjacent to the falling creek pump station (on the left bank). The stream bends to the
left, gradually rounding the pump station. Large accumulations of sand were observed
along the near bank inside the stream bed. The stream bank heights are lower than
those upstream of the road, but the right bank still exhibits heights of up to 12 feet with
active erosion occurring.. The project area for this determination includes a 8.3 acre(s)
area which is illustrated on the enclosed site plans/maps. The project/review area is
located at 310 Cloninger Mill Road NE, at Latitude 35.787800 and Longitude -
81.306400; in Hickory, Catawba County, North Carolina.

We have determined that the proposed work is authorized by NWP 13 NWP 27
pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33
U.S.C. § 403), and/or Section 404 of the Clean Water Act (33 U.S.C. § 1344) and
Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408). The proposed work
must be accomplished in strict accordance with the general permit conditions, any
regional conditions, the application materials, and the enclosed plans Northeast
Wastewater Treatment Facility/stream restoration project. If the extent of the project
area and/or nature of the authorized impacts to waters are modified, a revised PCN
must be submitted to this office for written approval before work is initiated. Any
violation of permit conditions or deviation from your submitted plans may subject the
permittee to enforcement action.
This verification is valid until March 14, 2026, unless prior to this date the subject
NWP(s) is suspended, revoked, or is modified such that the activity no longer complies
with the terms and conditions of this NWP. If you commence or are under contract to
commence this activity before the date that the relevant NWP is modified or revoked,
you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this NWP.
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.
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 Wilmington, NC, at [phone].
This NWP verification does not preclude the necessity to obtain any other Federal,
State, or local permits, licenses, and/or certifications, which may be required.
If you have any questions related to this verification or have issues accessing
documents referenced in this letter, please contact Krystynka Stygar, Program Manager
of the Charlotte at 252-545-0507, by mail at the above address, or by email at
[e-mail]. Please take a moment to complete our customer
satisfaction survey located at https://regulatory.ops.usace.army.miI/customer-service-
survey/.
Sincerely,
Krystynka Stygar
Program Manager
Enclosures

General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on 03/14/2026.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature
of the new owner on the transfer form attached to this letter and forward a copy to this
office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
perm it
6.
7. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.

Commencement Notification Form
Action ID Number: SAW-2023-01852 County: Catawba
Permittee: City of Hickory, Drew Foy
Project Name: NE WWTP Facility Hardening & Stream Restoration Project
Date Verification Issued: 12/22/2023
Project Manager: Krystynka Stygar
Upon commencement OR Within 10 days of commencing the activity authorized by this
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
Wilmington District
Attn: Krystynka Stygar
Charlotte
8430 University Executive Drive Suite 615 PM ADDRESS2
Charlotte, NC 28262
or
[e-mail]
252-545-0507
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.
Construction Start Date:
Signature of Permittee
Date

Compliance Certification Form
Action ID Number: SAW-2023-01852 County: Catawba
Permittee: City of Hickory, Drew Foy
Project Name: NE WWTP Facility Hardening & Stream Restoration Project
Date Verification Issued: 12/22/2023
Project Manager: Krystynka Stygar
Upon completion OR Within 30 days of 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
Attn: Krystynka Stygar
Charlotte
8430 University Executive Drive Suite 615 DM ADDRESS2
Charlotte, NC 28262
or
[e-mail]
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, and mitigation (if applicable), authorized by the above
referenced permit has been completed in accordance with the terms and conditions of
the said permit including any general or specific conditions.
Date Authorized Work Started:
Completed:
Describe any deviations from permit (attach drawing(s) depicting the deviations):
*Note: The description of any deviations on this form does not constitute approval by the Corps.
Signature of Permittee Date

CESAW — RG-C (File Number, SAW-2023-01852)
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit
Verification
1.0 Introduction and Overview
Information about the proposal subject to one or more of the United States Army Corps of
Engineers' (Corps') regulatory authorities is provided in Section 1, detailed evaluation of
the activity is found in Sections 2 through 5 and findings are documented in Section 6 of
this memorandum. Further, summary information about the activity including the
administrative history of actions taken during project evaluation is attached (ORM2
summary) and incorporated into this memorandum.
NOTE: This document uses the term pre -construction notification (PCN) to identify when
notification is sent to the Corps to evaluate a proposed activity on a case -by -case basis to
ensure that the activity will cause no more than minimal adverse environmental effects,
individually and cumulatively for verification under a general permit (GP). While PCN is
commonly associated with Nationwide Permit (NWP) verification requests, this document
uses the term PCN for notification sent to the Corps for all GP verifications (i.e., NWPs,
Regional GPs, Programmatic GPs).
1.1 Applicant name
Drew Foy, City of Hickory
1.2 Activity location
The project/review area is located at OR 310 Cloninger Mill Road NE, at Latitude
35.787800 and Longitude-81.306400-1 in Hickory, Catawba County, North Carolina. Parcel
Numbers: 371406499730, 371407691239, 371519508795, 37159606388
1.3 Description of activity requiring verification
The applicant proposes the On the upstream side of Cloninger Mill Road, Falling creek
flows approximately 800 feet directly adjacent to the full extent of the Southern border of
the northeast treatment facility. The drainage area for falling creek is estimated to be 5.3
square miles at the Cloninger mill crossing. The area is built up with low to medium density
surburban communities, resulting in 22% impervious cover within the watershed according
to the US geographical survey streamstats web mapping application. This segment of the
stream is characterized by overly high and actively eroding banks, especially on the right
bank opposite the WWTP facility. The bank heigh reaches 15-20 feet from the bottom of
the channel. On the downstream side of Cloninger mills road, falling creek flows
approximately 800 feet before encountering a large bedrock outcrop that creates a
cascading set of falls down to the backwater of lake hickory. This reach runs directly
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CESAW — RG-C (File Number, SAW-2023-01852)
adjacent to the falling creek pump station (on the left bank). The stream bends to the left,
gradually rounding the pump station. Large accumulations of sand were observed along
the near bank inside the stream bed. The stream bank heights are lower than those
upstream of the road, but the right bank still exhibits heights of up to 12 feet with active
erosion occurring.
1.4 Existing conditions and any applicable project history:
See paragraph above
1.4.1 Jurisdictional Determination
Is this project supported by a jurisdictional determination? Yes, Preliminary Jurisdictional
Determination
September 18, 2023
1.5 Permit authoritv
Table 1 — Permit Authority
Section 10 of the Rivers and Harbors Act (33 USC 403)
❑
Section 404 of the Clean Water Act (33 USC 1344)
1.6 Applicable Permit
NWP 13_ NWP 27
1.7 Waiver Discussion
Does the activity require a written waiver? No
2.0 Evaluation of the Pre -Construction Notification (PCN)
2.1 Direct and indirect effects which are caused by the GP activity
The direct effects of the proposed project would include temporary impacts from project
construction. These temporary impacts would include short-term turbidity in the water
column and noise disturbances during construction activities. Turbidity and noise
disturbances may cause wildlife avoidance and behavioral changes; however, these
changes are expected to be short-lived and have a minimal impact on the surrounding
area; additionally, the applicant will utilize best management practices (BMPs).
2.2 Site specific factors
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CESAW — RG-C (File Number, SAW-2023-01852)
See paragraph above
2.3 Coordination
2.3.1 Interagency Coordination
Was the PCN coordinated with other agencies? No
2.3.2 Corps internal coordination
Was the PCN coordinated with other Corps business lines? No
3.0 Mitigation
3.1 Avoidance and minimization
Provide brief description of how the activity has been designed on -site to avoid and
minimize adverse effects, both temporary and permanent, to waters of the United States to
the maximum extent practicable at the project site:
WE are applying for a NWP 27. This permit authorizes impacts to Jurisdictional waters for
the purpose of conducting aquatic habitat restoration, establishment, and enhancement
activities. Temporary impacts to the stream resources are unavoidable when conducting
stream restoration work. The design incorporates erosion and sediment control measures
to minimize sediment release during construction.
Describe other mitigative actions including project modifications implemented to minimize
adverse project impacts? (see 33 CFR 320.4(r)(1)(i))
Construction will only be conducted during low flow conditions, and to the extent
practicable, stream flow will be pumped around to minimize equipment being in contract
with flowing water during grading and demolition activities. Sediment and erosion control
measures such as silt fences, straw wattles, rock silt screens and daily stabilization will be
used to minimize impacts during construction. The impacts proposed are necessary for the
proper restoration of the stream.
3.2 Compensatory mitigation requirement
Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic
resources to reduce the individual and cumulative adverse environmental effects to a
uHI i1P i . NOM— / OR
Provide rationale: Activities are restorative in nature, and provide an ecological uplift.
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4.0 Compliance with Other Laws, Policies and Requirements
An automated geospatial screening was conducted for the proposed project to determine
whether the project would have the potential to trigger consideration of the projects effects
on other laws, policies, and/or requirements. The screening memorandum dated
December 21, 2023, titled SAW-2023-01852, is included in the administrative record for
the project and all positive queries are addressed in Section 4.
4.1 Section 7(a)(2) of the Endangered Species Act (ESA)
4.1.1 ESA action area
The Action Area includes the waters of the United States 8.3 surrounding the authorized
work that is affected directly or indirectly by the action. The Action Area was identified
based on the following effects of the action: [list effects of the action that helped you define
the action area (e.g., installation of the pilings, use of turbidity barriers, the 20-foot radius
around each piling associated with behavioral noise impacts, turbidity caused by dredging,
placement of fill, construction equipment access and staging). The action area for this
project is shown in
4.1.2 Lead federal agency for Section 7 of the ESA
Has another federal agency been identified as the lead agency for complying with Section
7 of the ESA with the Corps designated as a cooperating agency and has that consultation
been completed? No
4.1.3 Listed/proposed species and/or designated/proposed critical habitat
Are there listed or proposed species or designated critical habitat or proposed critical
habitat that may be present or in the vicinity of the Corps' action area?
No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2)
of the ESA
Effect determination (s), including no effect, for all known species/habitat, and basis for
determination (s):
Based on the USFWS Information for Planning and Consultation (IPaC)] data the listed
species, or species proposed for listing, identified in Table ## may be located within the
action area. No critical habitat, or critical habitat proposed for such designation, is located
within or in the vicinity of the action area. However, no listed species were observed during
a survey provided by the applicant and conducted by a qualified professional on DATE.
Furthermore, the action area does not contain suitable habitat for the species in Table ##.
Based on this information, the Corps has determined that the project would have no effect
on these species.
Table ##: ESA -listed species and/or critical habitat potentially present in the action area.
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CESAW — RG-C (File Number, SAW-2023-01852)
Species and or
Federal Status
Corps' Effect
Critical Habitat
Determination
Name
Endangered/Threatened/Proposed
No effect
4.1.4 Section 7 ESA consultation
Consultation with either the National Marine Fisheries Service and/or the United States
Fish and Wildlife Service was initiated and completed as required, for any determinations
other than "no effect" (see the attached ORM2 Summary sheet for begin date, end date
and closure method of the consultation)
Informal consultation was initiated and concluded on the date listed in the ORM2 Summary
Sheet. [List any RAls or important discussions that occurred.] The minimization measures
(summarize minimization measures) are included as part of the proposed action / special
condition of the verification letter / permit.
4.2 Magnuson -Stevens Fishery Conservation and Management Act (Magnuson
Stevens Act), Essential Fish Habitat (EFH)
N/A, there is no essential fish habitat within or in close proximity to the project area.
4.3 Section 106 of the National Historic Preservation Act (NHPA)
4.3.1 Section 106 permit area
The permit area includes Only those areas comprising waters of the United States that will
be directly affected by the proposed work or structures. Activities outside of waters of the
U.S. are not included because all three tests identified in 33 CFR 325, Appendix C(g)(1)
have not been met.
Final description of the permit area: The project only involves work within waters and does
not include any work in areas outside of waters.
4.3.2 Lead federal agency for Section 106 of the NHPA
Has another federal agency been identified as the lead federal agency for complying with
Section 106 of the NHPA with the Corps designated as a cooperating agency and has that
consultation been completed? No
4.3.3 Historic properties
Known historic properties? No
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CESAW — RG-C (File Number, SAW-2023-01852)
Based on available online resources, there are no known historic properties located in the
permit area or in close proximity to the permit area.
ADMIN FILE regarding the location of eligible/potentially eligible properties within or in
close proximity to the project area. This information is included in the administrative record
and was used to inform the effect determination.
Effect determination and basis for that determination:
The Corps has determined the proposed activity will have no effect on properties listed or
eligible for listing in the National Register of Historic Places.
Basis for Determination :
® No historic properties are documented within or in the vicinity of the permit area.
4.3.4 Consultation with the appropriate agencies, tribes and/or other parties for effect
determinations
Consultation was initiated and completed with the appropriate agencies, tribes and/or other
parties for any determinations other than "no potential to cause effects." (see the attached
ORM2 Summary sheet for begin date, end date and closure method of the consultation)
Provide/choose additional discussion here as needed or delete if not needed
4.4 Tribal Trust Responsibilities
4.4.1 Tribal government -to -government consultation
Was government -to -government consultation conducted with federally -recognized tribe(s)?
No
4.4.2 Other Tribal consultation
Other Tribal consultation including any discussion of Tribal Treaty rights.
NO LANGUAGE
4.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
4.5.1 Section 401 WQC requirement
Is an individual Section 401 WQC required, and if so, has the certification been issued or
waived?
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CESAW — RG-C (File Number, SAW-2023-01852)
A general WQC has been granted.
4.5.2 401(a)(2) Process
If the certifying authority granted an individual WQC, did the United States Environmental
Protection Agency make a determination that the discharge `may affect' water quality in a
neighboring jurisdiction? No
4.6 Coastal Zone Management Act (CZMA)
4.6.1 CZMA consistency concurrence
Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
objected to, or presumed?
N/A, a CZMA consistency concurrence is not required.
4.7 Wild and Scenic Rivers Act
4.7.1 National Wild and Scenic River System
Is the project located in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the
system? No
4.8 Effects on Corps Civil Works Projects (33 USC 408)
4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33 USC
408)
Does the applicant also require permission under Section 14 of the Rivers and Harbors Act
(33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps
Civil Works project?
No, there are no federal projects in or near the vicinity of the proposal.
The proposed activity also requires authorization pursuant to Section 408 for impacts to
the insert name of Corps Civil Works projeG.. On insert date of Corps' decision, the Corps
granted Section 408 Permission.
4.9 Other (as needed)
N/A
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CESAW — RG-C (File Number, SAW-2023-01852)
4.10 Compliance Statement
The Corps has determined that it has fulfilled its responsibilities under the following laws,
regulations, policies, and guidance:
Table 4 — Compliance with Federal Laws and Res onsibilities
Laws, Regulations, Policies, and
Guidance
Yes
N/A
Section 7(a) (2) of the ESA
Z
❑
EFH provisions of the Magnuson -Stevens
Act
❑
Z
Section 106 of the NHPA
Z
❑
Tribal Trust
❑
Z
Section 401 of the Clean Water Act
Z
❑
CZMA
❑
Z
Wild and Scenic Rivers Act
❑
Z
Section 408 - 33 USC 408
❑
Z
Other: N/A
❑
Z
5.0 Special Conditions
5.1 Special condition(s) requirement(s)
Are special conditions required to ensure minimal effects, ensure the authorized activity is
not contrary to the public interest and/or ensure compliance of the activity with any of the
laws above?
No
If no, provide rationale: The terms and conditions of the general permit are sufficient to
ensure no more than minimal adverse effects, and no conditions are needed for
compliance with other laws or to protect the public interest.
6.0 Determination
6.1 General Permit Statement
The activity will result in no more than minimal individual and cumulative adverse effects
on the aquatic environment and will not be contrary to the public interest
6.2 Compliance Statement
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CESAW — RG-C (File Number, SAW-2023-01852)
This activity, as described, complies with all terms and conditions of the Select One
identified in Section 1.6.
PREPARED BY:
X�� Date:
Krystynka Stygar
Program Manager
INAilIATM41lWA
GP Reviewer First GP Reviewer Last
GP Reviewer Position
APPROVED BY:
Krystynka Stygar
Program Manager
Date:
Date:
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