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