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Home My WebLink AboutSAW-2019-00697 NWP 14 verificationDEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON REGULATORY OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 April 5, 2024 Regulatory Division SAW-2019-00697 Todd Love City of Winston-Salem City Hall- Stormwater Division 101 North Main Street Winston-Salem, NC 27101 Via Email: toddml@cityofws.org Dear Mr. Love: This letter is in response to the Pre-Construction Notification (PCN) you submitted to the Wilmington District, Charlotte Regulatory Field Office on February 27, 2024, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2019-00697 and is known as Bethabara Road Culvert Replacement 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 123 LF (0.042 acres) of permanent stream impacts for bank stabilization and riprap apron installation, 72 LF (0.025 acres) of permanent loss stream impacts for a bottomed culvert installation, and 137 LF (0.047 acres) of temporary stream impacts for dewatering in order to replace a failing bottomless culvert. The project area for this determination includes a 1.03 acre(s) area which is illustrated on the enclosed site plans/maps. The project/review area is located off of Bethabara Road, north of Silas Creek Parkway, at Latitude 36.150376 and Longitude -80.150376; in Winston-Salem, Forsyth County, North Carolina. We have determined that the proposed work is authorized by Nationwide Permit 14 (Linear transportation) pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C § 1344). The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the special conditions listed in this letter, the application materials, and the enclosed plans. 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. Project Specific Special Conditions: 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit 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. 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 Jennifer Lawrence, Regulatory Specialist of the Charlotte Regulatory Field Office at (980)392-9980, by mail at the above address, or by email at jennifer.l.lawrence@usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Sincerely, Jennifer Lawrence Regulatory Specialist Enclosures Cc (w/enclosures) Jessica Tisdale, HDR Engineering, Inc. of the Carolinas (via Jessica.tisdale@hdrinc.com) Compliance Certification Form File Number: SAW-2019-00697 County: Forsyth Permittee: City of Winston-Salem, Todd Love Project Name: Bethabara Road Culvert Replacement Project Date Verification Issued: 4/5/2024 Project Manager: Jennifer Lawrence 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 Attn: Jennifer Lawrence Charlotte Regulatory Field Office 8430 University Executive Park Drive Suite 615 Charlotte, NC 28262 or jennifer.l.lawrence@usace.army.mil 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 PLPLPLPL PL PL PL PL PL PL PL PL PL PL SS E SS E SS E SS E SS E SS E SS E SS E SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE PD E PD E PD E PD E PD E PD E PD E PD E PD E SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE PLPLPLPL PL PL PL PL PL PL PL PL PL PL SS E SS E SS E SS E SS E SS E SS E SS E SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE PD E PD E PD E PD E PD E PD E PD E PD E PD E SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE SSE TC E TC E TC E TC E PD E PDE PDE TC E TC E TCE LO D LO D LO D LO D LO D LO D TCE TCE PDE PDE PD E PD E PD E PDEPDEPDE LO D LOD PT S t a . 1 8 + 9 7 . 1 8 SSSSSSSSSS 807 80 8 79 5 80 0 80 5 795 80 0 80 5 16'-1" X 10'-4" ALUMINUM STRUCTURAL PLATE CULVERT 805 ALUMINUM STRUCTURAL PLATE HEADWALL WTH WINGS, (TYP,) STORM CULVERT PROFILE H: SCALE 1" = 20' V: SCALE 1" = 4' 790.00 800.00 810.00 790.00 800.00 810.00 10+00.00 11+32.6810+00.00 79 0 . 8 8 79 0 . 8 8 10+50.00 80 6 . 4 9 80 6 . 4 9 11+00.00 78 9 . 7 4 78 9 . 7 4 11+50.00 FINISH GRADE EXISTING GRADE EX. 12" WATER MAIN TOP OF HEADWALL, 802.50'TOP OF HEADWALL, 802.50' 71.5' - 16'-1" X 10'-4" CULVERT EX. 24" WATER MAIN 10 ' - 4 " 15 ' PROPOSED 1.5' BURY DEPTH SEE CULVERT DETAILS FOR BAFFLE AND SILL LAYOUT 15 ' APPROX. DEPTH APPROX. DEPTH EL 787.51 EX. ARCH CULVERT APPROX. DEPTH EL 787.51 PROVIDE RUBBER MAT PROTECTION BETWEEN WATERLINE AND PROPOSED CULVERT INV. 789.53INV. 789.20 SIDEWALK CURB AND GUTTER TOP OF FILL ELEV. 790.70' TOP OF FILL ELEV. 791.03' 00 4'8'2' SCALE 1"=4' CULVERT PLAN AND PROFILE 10381723-01CG112.DWG 1" = 20'01CG112 B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 BETHABARA ROAD EMERGENCY CULVERT REPLACEMENT PROJECT Winston-Salem, North Carolina C. BENNETT, PE 10294945 DESIGNED BY: CHECKED BY: DRAWN BY: NOT FOR CONSTRUCTION P. BLANDFORD, PE M. LITTLE, PE T.EPPLEY 0 12/2023 60% DESIGN SUBMITTAL PLAN VIEW SCALE: 1" = 20' VERT. 00 20'40'10' SCALE 1"=20'HORZ. U.S. ARMY CORPS OF ENGINEERS Wilmington District Page 1 of 2 Compensatory Mitigation Responsibility Transfer Form Permittee: Todd Love Action ID: SAW‐2019‐00697 Project Name: Bethabara Road Culvert Replacement Project County: Forsyth Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee’s responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8‐digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8‐digit HUC and Basin: 03040101, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non‐Riverine Non‐Riparian Coastal 72 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8‐digit HUC and Basin: 03040101, Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non‐Riverine Non‐Riparian Coastal 72 Mitigation Site Debited: NCDMS_________________________________________________________________________ (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor’s Authorized Representative: Signature of Sponsor’s Authorized Representative Date of Signature Page 2 of 2 Form Date July 7, 2020 Conditions for Transfer of Compensatory Mitigation Credit:  Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions.  Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.  Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee’s responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form.  If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case‐by‐case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A statement of availability was provided by NCDMS on 2/9/2024 and was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Jennifer Lawrence USACE Field Office: Charlotte Regulatory Field Office US Army Corps of Engineers 8430 University Executive Park Drive Charlotte, North Carolina 28262 Email: jennifer.l.lawrence@usace.army.mil April 5, 2024______ Wilmington District Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil