HomeMy WebLinkAbout20160366 Ver 1_NWP 27 Authorization__SAW-2016-00874_20170427U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW -2016-00874 County: Orange USGS Quad: NC -Caldwell
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Wildlands Engineering, Inc.
Attn: Angela Allen
Address: 312 W. Millbrook Road, Suite 225
Raleigh, North Carolina 27609
Size and location of property (water body, road name/number, town, etc.): The Martin Dairy Mitigation Site is located
west of Schley Road, south of its intersection with Lipscomb Grove Church Road, northeast of Hillsborough, in
Orange County, North Carolina.
Site Coordinates: 36.12353 ON, -79.003978 °W Waterway: Buckwater Creek River Basin: Neuse River
Description of project area and activity: This permit authorizes excavation, and the placement of fill material in
1,814 linear feet of stream channel and 0.972 acre of wetlands associated with stream restoration activities. See
page 2 for details.
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 on March 20, 2017. 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) 554-4884 x 59.
°.9u 11y,1 .d ey HUGHB ANNEA.wB 12-391cs
HUGHES.ANDREAMADE.1258339165-G„ESMD WADE°;,83°°° "-'�°"-�
Corps Regulatory Official: °°""°103518?03 ° ° Date: April 25, 2017
Expiration Date of Nationwide Permit Verification: April 25, 2019
Summary of Authorized Impacts and Required Mitigation
*Impacts are associated with restoration and enhancement activities and are expected to result in a net gain in
Waters of the US.
Additional Remarks:
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.
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://corpsmapu.usace.g=.mil/cm_gpex/Vp=136:4: to complete the survey online.
Wetland (ac)
Streams (lf)
NWP
Impact
Type
Amt
Label
Impact No
Type
Amt
Label
No
(ac)
(LF)
27
W1
Grading
WA 007
S1
Fill
Martin Dairy 1676
Cr
27
W2
Excavation
WA .003
S2
Fill
UTI 138
27
W3
Grading
I WB .197
27
W4
Excavation
I WB .184
27
W5
Grading
WC .355
27
W6
Excavation
WC .226
Impact
Totals
0.972
Impact Totals
1814
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 and enhancement activities and are expected to result in a net gain in
Waters of the US.
Additional Remarks:
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.
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://corpsmapu.usace.g=.mil/cm_gpex/Vp=136:4: to complete the survey online.
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 preliminary jurisdictional determination issued on December 13, 2016, under Action ID No.: SAW -
2016 -00874
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.
Digitally signed by HUGHES.ANDREA.WADE.1258339165
HUGHES.ANDREAMADE.1258339165 m=HUGHES.ANDREA.WADEn12583 9165 u=PKl,ou=usA,
Corps Regulatory Official: Date: 2017.04.251827.34-04'00'
Date: April 25, 2017 Expiration Date of Jurisdictional Determination: N/A
COMPLIANCE CERTIFICATION
Action ID Number: SAW -2016-00874 County: Orange
Permittee: Wildlands Engineering, Inc.
Project Name: Martin Dairy Mitigation Site
Date Verification Issued: April 25, 2017
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 following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT MITIGATION 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