HomeMy WebLinkAbout20161131 Ver 1_2012-00600 NWP 3_20161214U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2012-00600 County: Guilford U.S.G.S. Quad: NC-SUMMERFIELD
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT
Attn: Philip S. Harris, PE, CPM
Address: 1598 Mail Service Center
Raleigh, NC 27699-1598
Size (acres) 0_5 Nearest Town Greensboro
Nearest Waterway Brush Creek River Basin Caqe Fear
USGS HUC 03030002 Coordinates 36.140218 N. -79.913766 W
Location description: The site, TIP B-5345, is located along SR 2136 (Flemin� Road) over Brush Creek at NCDOT Bridge 456 in
Guilford Countv, North Carolina.
Description of projects area and activity: This authorization is for the discharge of clean fill material associated with replacing an
existinE brid�e in-place using an on-site detour. The in-place bridge renlacement includes nermanent impacts to 21 linear feet
(0.01 acre) of stream channel for bank stabilization and 0.01 acre of riparian non-riverine wetlands for mechanized land clearin�,
and temporary impacts to 52 linear feet (0.03 acre) of stream channel for construction access causewavs and lO linear feet (OA1
acrel of stream channel for bank stabilization construction access. The on-site detour includes permanent imqacts to 161inear feet
(0.01 acre) of stream channel for bank stabilization, 0.18 acre of riparian, non riverine wetlands for road fill, and 0.04 acre of
riparian, non riverine wetlands for mechanized land clearin�, and temporarv impacts to lO linear feet (0.010 acre) of stream
channel for bank stabilization construction access. The total cumulative uroiect includes permanent imuacts (not a loss of waters)
to 371inear feet (0.02 acre) of stream channel and OZ3 acre of riparian, non-riverine wetlands (0.05 acre from mechanized land
clearing), and temporarv impacts to 72 linear feet (0.04 acre) of stream channel.
Applicable Law
Authorization
� Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Regional General Permit Number or Nationwide Permit Number: NWP 3 Maintenance.
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 dated and received via email 11/15/2016, and additional
information received via e-mail 12/1/2016 and 12/13/2016. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, 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/ar 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 in Morehead City, NC, at (252) 808-2808.
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 Pertnit, or the Corps of Engineers regulatory program,
please contact David Bailev at 919-554-4884 ext. 30 or David.E.Bailev2(�a,usace.armv.mil.
�qltalysl9�edbyeNlLEv.DAVI�.f i3]9383I36
Corps Regulatory Official: ��� � °"` �°,`,�'°16?50 °'°° 3J36 Date: 12/14/2016
Expiration Date of Verification: 03/18/2017
Copy furnished:
Dave Wanucha, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
SAW-2012-00600
Special Conditions:
l. In order to compensate for wetland impacts associated with this permit, mitigation shall be provided from
the NCDOT Bryan Boulevard Mitigation Site (U-0608, SAW-1991-00369). The NCDOT will debit 0.23
acre of Riparian Wetland Restoration credits from the site. NCDOT will provide a copy of the ledger to the
Corps of Engineers, Raleigh Regulatory Field Office, prior to initiation of permitted wetland impacts.
2. This USACE permit does not authorize you to take a threatened or endangered species, in particular, the
Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to legally take a listed species, you must
have separate authorization under the Endangered Species Act (ESA) (e.g., a Biological Opinion (BO) under
the ESA, Section 7, with "incidental take" provisions with which you must comply). The U.S. Fish and
Wildlife Service's (USFWS's) Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic
Biological Opinion for North Carolina Department of Transportation (NCDOT) Activities in Eastern North
Carolina (Divisions 1-8)," dated March 25, 2015, and adopted on May 4, 2015, contains mandatory terms
and conditions to implement the reasonable and prudent measures that are associated with "incidental take"
that are specified in the BO. Your authorization under this USACE permit is conditioned upon your
compliance with all the mandatory terms and conditions (incorporated by reference into this permit)
associated with incidental take of the BO. Failure to comply with the terms and conditions associated with
incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take,
and would also constitute non-compliance with your USACE permit. The USFWS is the appropriate
authority to determine compliance with the terms and conditions of its BO and with the ESA.
Digitally signed by
BAILEY.DAVID.E.1379283736
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C��S17egu7at�� Of�iClal. Date:2076.72.741622:19-05'00' Tate. 12�14�2016
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Expiration Date of Verification: 03/18/2017
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 our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.miUcm_apex/f?p=136:4:0.
Action ID Number: SAW-2012-00600 County: Guilford
Permittee: NCDOT (attn: Philip S. Harris, PE, CPM)
Project Name: NCDOT / B5345 / SR 2136 / Brid�e 456 / Guilford Countv / Division 7
Date Verification Issued: 12/14/2016
Project Manager: David E. Bailev
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
attn: David Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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