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HomeMy WebLinkAbout20140334 Ver 1_NWP 27_SAW-2015-01209_20160519U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW -2015-01209 County: Guilford USGS Quad: Browns Summit GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Owner/Applicant: North Carolina Division of Mitigation Services ATTN: Mr. Lin Xu Address: 1652 Mail Service Center Raleigh, NC 27699-1652 Authorized Agent: Wildlands Engineering, Inc. Address: 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Size and location of property (waterbody, road name/number, town, etc.): The 61.5 -acre Candy Creek mitigation site is located northeast of the intersection of Old Reidsville Road and Highway 150, northeast of Browns Summit, Guilford County, North Carolina. Site Coordinates: 36.23376° N —79.6616" W Waterway: Candy Creek River Basin: Cape Fear Description of project area and activity: This permit authorizes stream channel relocation, excavation, mechanized land clearing and the placement of fill associated with the Candy Creek Final Mitigation Plan. Authorized impacts to waters of the U.S. are identified on page 2 of this authorization and include 16,193 linear feet of stream channel, 0.489 acre of wetlands, and 0.99 -acre of open waters. 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 received May 10, 2016. 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. • 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. • 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 Andrea Hughes at telephone (919) 846-2564 H U G H ES.AN D REA. V V A Digitally signed by HUGHES.ANDREA.WADE.1258339165 DN: -US, —U.S. Government, ou=DOD, ou=PK1, ou=USA, DE.1258339165 cn=HUGHES.ANDREA.WADE.1258339165 Corps Regulatory Official: Date: 2016.05.1907:56.32-04'00 Date: May 19, 2016 Expiration Date of Nationwide Permit Verification: March 18, 2017 Page 1 of 3 Summary of Authorized Impacts and Required Mitigation *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. These activities must also comply with the Browns Summit Creek Final Mitigation Plan dated January 2016, including without limitation, all monitoring and performance standards. 2. 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) The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulator_y.usacesurvey.com/ to complete the survey online. Page 2 of 3 Open Waters Wetlands Streams NWP Type Label Acres Impact Type Impact Label Acres Impact Type Impact Label Linear Ft 27 Fill Pl .20 Fill Wl WC .004 Fill/Relocate/Excavate Sl NBR1A/B/C 3139 27 Fill P2 .79 Fill W2 WE .04 Fill/Relocate/Excavate S2 NBR2AB 2106 27 Fill W3 WF .01 Fill/Relocate/Excavate S3 NBR3 726 27 Fill W4 WG .01 Fill/Relocate/Excavate S4 NBR4AB 3375 27 Grading W5 WG .01 Fill/Relocate/Excavate S5 UT1C/Rl 561 27 Fill W6 WH .002 Fill/Relocate/Excavate S6 UTID 436 27 Fill W7 WH .002 Stabilization S7 UT2RIA 445 27 Fill W8 WQ .014 Fill/Relocate/Excavate S8 UT2R1A 244 27 Fill W9 WQ .085 Fill/Relocate/Excavate S9 UT2R1B 190 27 Fill W10 WR .004 Stabilization S 10 UT2R2 720 27 Fill Wil WU .01 Stabilization S11 UT2A 376 27 Fill W12 WV .02 Fill/Relocate/Excavate S12 UT3R3 729 27 Fill W13 WV .11 Fill/Relocate/Excavate S13 UT4 1270 27 Fill W14 WY .002 Fill/Relocate/Excavate S14 UT5R2 1289 27 Fill W15 WZ .01 Fill S15 S1 33 27 Fill W16 WAA 0.1 Fill S16 S2 30 27 Fill W17 WCC .002 Fill S17 S3 51 27 Fill W18 WDD .001 Fill S18 S5 275 27 Fill W19 WFF .003 Fill S19 S6 101 27 Fill W20 WICK .01 Fill S20 S7 60 27 Fill W21 WMM .13 Fill S21 S8 37 27 27 27 Impact Totals Open 0.99* Wetlands Water 0.489 Streams 16,193 Total Loss of Waters of the U.S. (ac) 0* Total Loss of Waters of the U.S. (If) 0* Required Wetland Mitigation (ac) 0* Required Stream Mitigation (If) 0* *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. These activities must also comply with the Browns Summit Creek Final Mitigation Plan dated January 2016, including without limitation, all monitoring and performance standards. 2. 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) The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulator_y.usacesurvey.com/ to complete the survey online. Page 2 of 3 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 June 10, 2015 (Action ID: SAW -2015-01209). Basis of Jurisdictional Determination: The site exhibits water bodies with Ordinary High Water and wetland criteria as defined by the applicable regional supplement to the 1987 wetland delineation manual. The water bodies on site include Candy Creek and 21 Unnamed Tributaries (UTs), all Relatively Permanent Waters (RPWs), which flow via Candy Creek (RPW) to the Haw River, a Traditionally Navigable Water and abutting and adjacent wetlands. The determination is based on field verification by David E. Bailey (USACE) on March 10, 2015. 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: (404) 562-5137 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. HUGHES.ANDREARADE.125 DigitallyDUSio=U.S.Go Ged by overnment, ouED DAou=1PKI8339165 8339165 ou=USA, cn=H UGHES.ANDREA.WADE.1258339165 Corps Regulatory Official: Date: 2016.05.19 07:56:57 -04'00' Date: May 19, 2016 Expiration Date of Jurisdictional Determination: see above Page 3 of 3 WILMINGTON DISTRICT POST -CONSTRUCTION COMPLIANCE FORM Action ID Number: SAW -2015-01209 County: Guilford Permittee: North Carolina Division of Mitigation Services Attn: Mr. Lin Xu Date Permit Issued: May 19, 2016 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