HomeMy WebLinkAboutNWP27_NCDMS Middendorf_SAW-2021-01973U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01973 County: Anson U.S.G.S. Quad: Morven West
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NC Division of Mitigation Services Permittee: Freese and Nichols, Inc.
Attn: Mr. Lin Xu Attn: Jason Steele
Address: 217 West Jones Street, Suite 3000A Address: 531 N. Liberty Street
Raleigh, North Carolina 27603 Winston-Salem, NC 27101
Email: lin.xu@deq.nc.gov Email: Jason.Steele@freese.com
Size (acres) 74.36 Nearest Town Wadesboro
Nearest Waterway South Fork Jones Creek River Basin Yadkin
USGS HUC 030402010202 Coordinates 34.854514, -80.105156
Location description: The NCDMS Middendorf Springs Mitigation site is located off Gulledge
Road in Wadesboro, Anson County, North Carolina (PIN 646000760123).
Description of projects area and activity: The co-applicants, NCDMS and Freese and Nichols, Inc.
have requested a Department of the Army permit authorization to discharge dredged and/or fill
material into waters of the United States associated with the NCDMS Middendorf Springs
Mitigation Site. Implementation of the proposed restoration and enhancement activities will
result in the discharge of fill material into 167 linear feet of stream channel, and 2.768 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 RGP or NWP GENERAL, REGIONAL AND 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 received 07/02/2024, and additional information received via email on 08/01/2024.
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.,
SAW-2021-01973
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: 8/21/2024
Expiration Date of Verification: March 14, 2026
SAW-2021-01973
Table 1. Authorized discharge of fill material into waters of the United States in association with the
NCDMS Middendorf Springs Mitigation Site (SAW-2021-01973).
1. Total Impacts: Stream – 167 LF, Wetland 2.768 ac
SAW-2021-01973
SAW-2021-01973
SAW-2021-01973
SAW-2021-01973
Fill Length of
Stream (lf)
Fill Area of
Stream (ft2)
Wetland Fill
Acreage (ac)
Regulated Discharge of
Fill Material Activity
TOTAL WETLAND IMPACTS
2.768 Ecological Restoration*
TOTAL STREAM IMPACTS 167 919.4 Ecological Restoration* /
Culvert Crossing**
*Impacts associated with aquatic resource restoration and enhancement activities are expected to result in a
net functional gain in Waters of the US.
**Impacts associated with relocated farm road culvert crossings qualified as agricultural exemptions under 33
CFR Part 323.4(A)(6).
SPECIAL CONDITIONS
1. The permittee understands and agrees that the document entitled “Middendorf Springs
Mitigation Site - Final Mitigation Plan” dated December 2023, 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. 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-2021-01973
COMPLIANCE CERTIFICATION
Action ID Number: SAW-2021-01973 County: Anson
Permittee: NC Division of Mitigation Services Freese and Nichols, Inc
Attn: Mr. Lin Xu Attn: Jason Steele
Project Name: NCDMS Middendorf Springs Mitigation Site
Date Verification Issued: 8/21/2024
Project Manager: Steve Kichefski
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: Steve Kichefski
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
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