HomeMy WebLinkAbout20140041 Ver 1_USACE NWP 27 Authorization_20160601U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW -2009-00591 County: Alleghany USGS Quad: VA/Cumberland Knob
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Owner/Applicant: North Carolina Division of Mitigation Services
Attention: 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 14.7 acre Little Pine Creek II mitigation
site is located north of the intersection of Phillip Akers Road and Glade School Road, in Alleghany County, North
Carolina.
Site Coordinates: 36.506937 ON —80.98776 °W Waterway: Little Pine Creek River Basin: New River
Description of project area and activity: This permit authorizes excavation, the placement of fill, and stream
relocation activities associated with the Little Pine II mitigation site. Authorized impacts are identified on page 2
of this authorization and include 3,362 linear feet of stream channel, and 0.487 acre of riparian wetlands.
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 31, 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.
Di6mA18165
HUGHESANDREAMADE.125DNc2S!o=U.5Govement ouED Dou=PKIou9USA,
—HUGHES.ANDREANADE.1258339165
Corps Regulatory Official: 8339165 Date: 2o16.053110.56.20-04'00' Date: May 31, 2016
Expiration Date of Nationwide Permit Verification: March 18, 2017
Page 1 of 3
Summary of Authorized Impacts and Required Mitigation
NWP
Open Water
(ac)
Wetland (ac)
Streams (10
Impact Type
No.
Label
Amt (ac)
Impact Type No.
Label
Amt (10
27
Gradin /Fill
Wl
Wetlandl
0.002
Relocation S1
Little Pine
2894
27
Gradin /Fill
W2
Wetland 1
0.037
Relocation S2
Tributary A
119
27
Grading
W3
Wetland 2A
.005
Relocation S3
Tributary B
50
27
Grading
W4
I Wetland 2A
.122
Relocation S4
Tributary C
299
27
Gradin Fill
W5
Wetland 2A
.267
27
Grading
W6
Wetland 2B
.016
27
Gradin Fill
W7
Wetland 2B
.026
27
1 1 1 Gradin Fill
W8
Wetland 2B
.012
27
27
27
27
Impact
Totals
0.487
3362
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 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.
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 hqp://regulatory.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 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 October 28, 2015 (Action ID SAW -2009-00591).
Basis of Jurisdictional Determination: The potential waters of the U.S. including wetlands approximate boundaries
are depicted on the map labeled Figure 3: Delineation Map, Little Pine Creek II Restoration Project.
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 N/A. 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.ANDREAMADE.1 DNDigIrUS,oly =U.S.Go eed by mment,louED DAou=1PKI8339165
258339165 ou=USA, cn=HUGHES.ANDREA.WADE.1258339165
Corps Regulatory Official: Dace: 2016.05.3110:56:54-04'00'
Date: May 31, 2016 Expiration Date of Jurisdictional Determination: N/A
Page 3 of 3
WILMINGTON DISTRICT
POST -CONSTRUCTION COMPLIANCE FORM
Action ID Number: SAW -2009-00591 County: Alleghany
Permittee: North Carolina Division of Mitigation Services
Date Permit Issued: May 31, 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