HomeMy WebLinkAbout20171134 Ver 1_2013-01042 NWP 13 23 33_20171002U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-01042 County: Alamance U.S.G.S. Quad: NC-Burlin�ton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NCDOT
Attn: Philip Harris III, P.E., C.P.M.
Address: 1598 Mail Service Center
Raleigh, NC 27699-1598
Size (acres) _2 Nearest Town Burlington
Nearest Waterway UT to Big Alamance Creek River Basin Caqe Fear
USGS HUC 03030002 Coordinates 36.035694 N, -79.490066 W
Location description: The site is located on NCDOT Brid�e 170 at SR 1212 (Pond Road) over an unnamed tributarv to Big
Alamance Creek, south of BurlinEton, Alamance Countv, North Carolina.
Description of projects area and activity: This verification authorizes the discharge of clean fill material associated with
replacing an existinE bridge with a 13 x 7 foot single barrel reinforced concrete box culvert (RCBC). The proiect includes
qermanent impacts to 101 linear feet (0.04 acre) of stream channel for culvert installation and 881inear feet (0.01 acre) of
stream channel for bank stabilization, and temporarv impacts to 1171inear feet (0.03 acre) of stream channel for construction
access and dewatering (881inear feet of which is concurrent with bank stabilization impacts), including the installation of a
temporarv detour crossin� to maintain traffic during RCBC construction. The proiect will also involve permanent imqacts to
8linear feet (<0.01 acre) of stream channel and temporarv imqacts to SO linear feet (0.01 acrel of stream channel for channel
stabilization and improvements at the contluence with Bi� Alamance Creek, immediatelv downstream of the uroiect area.
Applicable Law(s): � Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Numbers: 13 (Bank Stabilization), 23 (Approved Categorical Exclusions), and
33 (Temporary Construction, Access and Dewatering)
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 9/6/2017, and the enclosed plans entitled Wetland and Surface Water Impacts
Permit, Permit Drawing Sheets 1-7. 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 ezpiration 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 narionwide 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 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 Permit, or the Corps of Engineers regulatory program,
please contact David E. Bailev at 919-554-4884 ext. 30 or David.E.Bailev2(u�usace.armv.mil.
Digitally signed by BAILEY.DAVID.E.1379283736
� DN: c=US, o=U.S. Government, ou=DoD, ou=PKl,
ou=USA, cn=BAILEY.DAVID.E.1379283736
Corps Regulatory Official: •!� Date:20V.10.0211:4129-04�00� Date: 10/2/2017
Expiration Date of Verification: 3/18/2022
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
b. 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
BAI LEY.DAVID.E.1379283736
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Corps Regulatory Official: oate:Zo,�.,o.oz,,:^z:�-o4'oo' Date: 10/2/2017
Expiration Date of Verification: 3/18/2022
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Miti�ation Responsibility Transfer Form
Permittee: NCDOT
Project Name: NCDOT/B5347/SR1212/Bridge170/Division7
Action ID: SAW-2013-01042
County: Alamance
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted
Stream Impacts (linear feet
Warm Cool
101
*: 8-digit HUC and Basin:
Wetland Im
Cape Fear River Basin
Cold I Riparian Riverine I Riparian Non-Riverine I Non-Riaarian I Coastal
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Stream Mitigation
Warm Cool
202
uirements:
Cold
8-digit HUC and Basin: 03030002, Cape Fear River Basin
Wetland Mitigation (credits)
�rian Riverine Rioarian Non-Riverine Non-Riparian Coastal
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 14 September, 2017
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsorshould provide copies of this form along with an updated bank ledger to:1J the Permittee, 2J the USACE
Project Manager at the address below, and 3J the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.milJ. Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Bailey
USACE Field Office:
Email:
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
David.E.Bailev2@usace.army.mil
_ Digitally signed by BAILEY.DAVID.E.1379283736
� � DN: c=US, o=U.S. Government, ou=DoD, ou=PKl,
ou=USA, cn=6AILEY.DAVID.E.1379283736
Date: 2017.10.02 11:42:44 -04'00'
USACE Project Manager Signature
October 2, 2017
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
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://regulatory.usacesurvey.com/ to complete the survey online.
Determination of Jurisdiction:
A. ❑ There are waters, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you
may request an approved JD, which is an appealable action, by contacting the Corps district for fiirther instruction. Please note, if
work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must
be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States
and prior to any work that could alter the hydrology of waters of the United States.
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 (RHA) (33 USC § 403) and 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.
C. ❑ There are waters, within the above described project area that are 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
jurisdictional determination issued 6/6/2013. Action ID: SAW-2013-01042.
Date of JD: 6/6/2013
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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
Copy furnished:
April Norton, NCDEQ-DWR, 1617 Mail Service Center, Raleigh, NC 27699
Action ID Number: SAW-2013-01042 County: Alamance
Permittee: NCDOT, Attn: Philip Harris III, P.E., C.P.M.
Project Name: NCDOT/B5347/SR1212/Bridge170/Division7
Date Verification Issued: 10/2/2017
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 E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
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