HomeMy WebLinkAbout20140869 Ver 1_USACE Permit_20160711U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW -2014-01585 County: Alleghany USGS Quad: Sparta East
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 25.04 acre Vile Creek mitigation site is
located southeast of the intersection of E. Whitehead Street and Acorn Hill Road, east of Sparta, in Alleghany
County, North Carolina.
Site Coordinates: 36.509754 °N --81.103348 °W Waterway: Vile Creek River Basin: Little River
Description of project area and activity: This permit authorizes excavation, the placement of fill, and stream
relocation activities associated with the Vile Creek mitigation site. Authorized impacts are identified on page 2
of this authorization and include 5,206 linear feet of stream channel, and 3.224 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 xxx, 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 (LAMA),
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.
HU G H ES.A N D R EA. V V A Digitally signed by HUGHES.ANDREA.WADE.1258339165
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
Corps Regulatory Official: DE.1258339165 Date: 20'16.07.11
Date: July 11, 2016
Date: 2016.07.11 15:43:07 -04'00'
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 (If)
Impact Type
No.
Label
Amt (ac)
Impact Type
No.
Label
Amt (If)
27
Excavate
W1
WA
0.10
Relocate/fill/excavate
S1
VCR1
927
27
Excavate
W2
PB
0.43
Relocate/fill/excavate
S2
VCR2
1293
27
Fill
W3
WB
0.04
Stabilization
S3
VCR3
187
27
Excavate
W4
WB
0.003
Stabilization
S4
UT1R1
743
27
Excavate
W5
WC
0.35
Relocate/fill/excavate
S5
UT1R1
409
27
Fill
W6
WC
0.01
Relocate/fill/excavate
S6
UT1R2
882
27
Excavate
W7
WC
0.88
Culvert removal
S7
UT113
15
27
Fill
W8
WC
0.06
Temporary radin
S8
UT1C
15
27
Fill
W9
WC
0.01
Stabilization
S9
UT2
735
27
Excavate
W10
WC
0.01
27
Temporary radin
W11
WD
0.06
27
1 Temporary radin
W12
WE
0.04
27
Fill
W13
WF
0.06
27
Excavate
W14
WF
0.01
27
Temporary radin
W15
WG
0.08
27
Temporary radin
W16
WH
0.02
27
Temporary radin
W17
WI
0.002
27
Temporary radin
W18
WJ
0.01
27
Temporary grading W19
WK
0.02
27
Temporary radin
W20
WL
0.005
27
Excavate
W21
WM
0.02
27
Fill
W22
WM
0.01
27
Excavate
W23
WM
0.01
27
Fill
W24
WM
0.02
27
Fill
W25
WM
0.01
27
Excavate
W26
WN
0.07
27
Fill
W27
WN
0.04
27
Excavate
W28
WN
0.15
27
Fill
W29
WN
0.02
27
Excavate
W30
WN
0.01
27
Fill
W31
WN
0.01
27
Temporary Gradin
W32
WP
0.04
27
Excavate
W33
WO
0.27
27
Fill
W34
WO
0.02
27
Excavate
W35
WO
0.17
27
Fill
W36
WO
0.06
27
Excavate
W37
WO
0.004
27
Temporary radin
W38
WQ
0.04
27
Temporary radin
W39
WS
0.01
27
Fill
W40
WS
0.001
27
Temp rary gradingW41
WT
0.03
27
Temporary radin
W42
WU
0.005
27
Temporary radin
W43 I
WV
0.004
Impact
Totals
3.224 ac
5,206 If
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 restoration activities and are expected to result in a net gain of Waters of the US.
Page 2 of 3
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 http://re ug latory.usacesurvey.com/ to
complete the survey online.
Page 3 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 -2014-01585).
Basis of Jurisdictional Determination: Refer to JD noted under D (above).
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.
H U G H ES.A N D R EA. V V A Digitally signed by HUGHES.ANDREA.WADE.1258339165
DN: c=US, o=U.S. Government, ou=Do D, ou=PKI, ou=USA,
DE.1258339165 cn=HUGHES.ANDREA.WADE.1258339165
Corps Regulatory Official: Date: 2016.07.1115:43:32-0400'
Date: July 11, 2016 Expiration Date of Jurisdictional Determination: N/A
Page 4 of 3