20080889 Ver 2_USACE Permit_20090528

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U.S. ARMY CORPS OF ENGINEERS MAY 2 8 2009
WILMINGTON DISTRICT
DENR - WATER DUALITY
yy?S AND
Action ID. SAW-2008-02537 County: Richmond USGS Quad:TRo?p ckingham STORI+IWATER BRANCH
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Authorized Agent: City of Rockingham, c/o Monty Crump, City Manager p? - U g8 I
Address: 514 Rockingham Road
Rockingham, NC 28379
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): Project area is a portion of Hitchcock
Creek. a tributarv to the Pee Dee River, located south of Highwav 74 N bvpass, east of the intersection of
Galestown Road and Zion Church Road, adjacent to the CSX Railroad, in Cordova, Richmond Countv, North
Carolina.
Description of projects area and activity: This permit provides authorization for the partial removal of Steele's Mill
Dam to bedrock elevations by means of removing the existing sluice gate structure and cutting 15 feet high and 88
feet wide at the dam (a total of 610 cubic yards of stone and concrete). The cut will be flush with an existing
retaining wall located along the northern stream bank and remnants of the dam will remain for historical
purposes. Demolition equipment will be staged on a high ground mid-channel bar to the south of the dam, and no
additional fill material into the stream channel is required to access the staging area. Additionally, approximately
214 feet of stream bank will be stabilized with boulders extracted from the dam to provide scour protection, 128
feet along the right stream bank and 86 feet on the left stream bank. Any resulting material will be removed to an
upland area.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Anv 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 Quality (telephone [phone]) 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 Emily Hughes at [phone].
Corps Regulatory Official Date: 5/26/2009
Expiration Date of Verification:
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.usacesui-vey cons/ to complete the survey
online.
Copy Furnished:
Baker Engineering, attn: Kevin Tweedy, 8000 Regency Parkway, Suite 200 Cary, North Carolina, 27518
NCDENR-Division of Water Quality, attn: Ian McMillan 1650 Mail Service Center, Raleigh, North Carolina 27699-1650
North Carolina Wildlife Resources Commission, attn: Shari Bryant 1721 Mail Service Center, Raleigh, NC 27699-1721
U.S. Fish and Wildlife Svc, Fish/Wildlife Enhancement, attn: Mr. Pete Beniamin P.O. Box 33726, Raleigh NC 27636-3726
Steele's Mill Dam Removal Proiect
Richmond County
AID# SAW-2008-02537
Special Conditions:
1) The Corps of Engineers concurs with the Memorandum of Agreement (MOA) between the
National Marine Fisheries Service and NC State Historic Preservation Officer for the Steele's Mill
Dam removal proiect (see copy attached). The permittee must comply with this agreement in
order to be in compliance with this Nationwide permit.
2) During the dam removal process, the drawdown must be controlled to minimize flooding impacts
downstream. Additionally, there must be minimal sluicing of sediment at most from the dam
basin. If more than minimal sluicing occurs, please contact our Office immediately.
3) Please pay special attention to Section 3.5. of the Regional Conditions, "Requirements for Using
Riprap for Bank Stabilization" (3.5.1 to 3.5.5 on page 21 of the NWP 27).
4) Impacts (temporary or permanent) are not expected at the proposed stream crossing used to
access the dam from the mid-channel bar, however, if they are to occur, restoration of the stream
to it's original condition/grade will be required. To prevent such impacts to the stream
channel/bed, please minimize travel within the crossing as much as possible.
Corps Regulatory Official: ?? Date: d?-Jo?

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MELEES MILL DAM REMOVAL
NR"HCOCX CREEK, ROCRINGN ?, MOM CAROLINA
DAM REMOVAL PIA

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R"ECEIVED
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR THE REMOVAL OF
STEELE'S MILL DAM IN HITCHCOCK CREEK
RICHMOND COUNTY, NORTH CAROLINA
WHEREAS, the National Marine Fisheries Service (NMFS) has funded studies of and
proposes to partially fund the removal of the Steele's Mill Dam from Hitchcock Creek in
Cordova, North Carolina (the Undertaking) to eliminate a public safety hazard and to
restore a free-flowing, riverine habitat and fish movement; and
WHEREAS, NMFS has determined that the removal of the Steele's Mill Dam will have
an adverse effect on the Cordova Mill Historic District, a property determined eligible for
listing in the National Register of Historic Places; and
WHEREAS, NMFS has consulted with the North Carolina State Historic Preservation
Officer (SHPO), pursuant to 36 CFR Part 800 implementing Section 106 of the National
Historic Preservation Act (16 U.S.C. 474f); and
WHEREAS, NMFS has invited the Advisory Council on Historic Preservation (ACHP)
to participate in the consultation process, but the ACHP has determined that their
participation to resolve the adverse effect is not needed; and
WHEREAS, the City of Rockingham (City), as a proponent and partner in the proposed
Undertaking, has been invited to participate in the consultation and concur in this
Memorandum of Agreement (MOA); and
WHEREAS, the State of North Carolina, Department of Environment and Natural
Resources, Division of Water Resources, as a proponent and funding partner in the
proposed undertaking, has been invited to participate in the consultation and concur in
this MOA;
NOW THEREFORE, NMFS and the North Carolina SHPO agree that the Undertaking
shall be implemented in accordance with the following stipulations in order to take into
account the effects of the Undertaking on the historic district.
STIPULATIONS
The NMFS shall ensure that the following measures are carried out:
I. Documentation
A. The NMFS will document the Steele's Mill Dam in accordance with the
attached Recordation Plan (Appendix A) and provide the results to the
SHPO prior to any work being carried out.
B. The documentation will be reviewed by the SHPO. If comments are not
received within 30 days of the SHPO's receipt of the submission, it will
be assumed that the documentation is acceptable.
C. An original copy of the documentation will be provided to SHPO. Copies
of this documentation will also be made available to appropriate local
archives, including local historical societies and public libraries.
II. Interpretive Signage
A weatherproof exhibit panel, incorporating information about the historical,
significance of the Steele's Mill Dam will be prepared by the City and reviewed
and approved by the SHPO. The panel shall be located near the site of the dam in
a location approved by the SHPO and the City. The deadline for completing the
signage shall be two (2) years from the date of execution of this MOA. This
deadline may be extended, if mutually agreeable between the NMFS, SHPO, and
the City.
III. Unidentified Historic Properties
The NMFS and City will ensure that if previously unidentified historic properties
or archaeological sites are discovered and may be affected by the undertaking,
that NMFS and the City will notify the SHPO. The NMFS and SHPO will apply
the National Register criteria and eligibility and consult pursuant to 36 CFR
800.4.
IV. Dispute Resolution
A. Should any signatory the this MOA object within thirty (30) days to
any actions proposed or carried out pursuant to the MOA, the NMFS
shall consult with the NCSHPO to resolve the objection.. If the NMFS
determines that the objection cannot be resolved, the NMFS shall forward
all documentation relevant to the dispute to the ACHP. Within 30 days
after receipt of all pertinent documentation, the ACHP will either:
1. Provide the NMFS with recommendations which the NMFS will take
into account in reaching a final decision regarding the dispute; or
2. Notify the NMFS that it will comment pursuant to 36 CFR 800.6(b),
and proceed to comment. Any recommendations or comment provided by
the ACHP will be understood to pertain only to the subject of the dispute;
the NMFS's responsibility to carry out all actions under the MOA that are
not subjects of the dispute will remain unchanged.
B. If at any time during the implementation of the measures stipulated in this
MOA, an objection should be raised by an interested member of the public
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or consulting parties, the NMFS will consult with the other parties to the
MOA to determine the appropriate response.
Execution of this MOA by NMFS and the North Carolina SHPO and its subsequent filing
with the ACHP, and implementation of its terms evidences that NMFS has afforded the
ACHP an opportunity to comment on the removal of the Steele's Mill Dam, and that the
NMFS has taken into account the effects of the Undertaking on historic properties.
AGREED:
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION/
NATIONAL MARINE FISHERIES SERVICE
By: 917 Dater D 1
tricia A. Montanio, Director, Office of Habitat Conservation
By: ZA- 11 Date:
MWg paricio, rA/Federal Preservation Officer
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
By: Date: ql&lim _ (?" Jeffery (Y.
CONCUR:
By: ?/ Date: -s- /I F A 5
City of Rockingham
By: -<-Z
Date: Ci ? 1.110 1-7,
North CarolindDivision of Water Resources
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FILED by ADVISORY COUNCIL ON HISTORIC PRESERVATION:
By: Date:
APPENDIX A
Recordation Plan
For
Steele's Mill Dam
Cordova, Richmond County
1. Historical Background: A brief historical and physical narrative/description of the dam
should be prepared to include the following information:
¦ Date of construction
¦ Architectibuilder, if known
¦ Owners and uses of the structure since construction
¦ Size and sketch plan of mill complex
¦ Materials and any significant architectural/engineering details or elements
H. Photographic Requirements: Photographic views of the dam and associated facilities,
including:
¦ Overall views.
Each visible elevation of the dams and associated structures.
Details of construction or design including, architecturally/engineering significant
elements.
Sketch site plan keyed to photographs listed above.
III. Format: Traditional or Digital
Digital Images on CD, (must be accompanied with prints of each image
• Use at least a 3 megapixel camera
¦ May be jpeg format
¦ Must be at least 2100 pixels x 1500 pixels (300 ppi for a 5" x 7")
• Label files as follows: County Name, Property Name, Describe View/ Image,
Photographer Name, Photo Date, Photo Number jpg.
¦ Prints - 5" x 7" in color, on good quality photo paper.
Traditional
¦ 35mm: or larger black and white negatives (all views).
¦ 8 x 10 black and white prints (all views). Color slides (all views).
¦ All processing to be done to archival standards. Fiber based paper is the traditional
archival standard. According'to Kodak, however, their resin-coated paper meets archival
standards if it is stored in total darkness (in an envelope) and at low humidity.
¦ All photographs, negatives, and slides to be labeled according to Division of Archives
and History standards (County Name, Property Name, Describe View/ Image,
Photographer Name, Photo Date).
IV. Copies and Curation:
One (1) set of all CD's, negatives, prints, and slides will be deposited with the North
Carolina State Historic Preservation Office to be made a permanent part of the statewide
survey and iconographic collection.
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NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities
in waters of the United States associated with the restoration, enhancement, and establishment of
tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal
streams and other non-tidal open waters, provided those activities result in net increases in
aquatic resource functions and services.
To the extent that a Corps permit is required, activities authorized by this NWP include,
but are not limited to: the removal of accumulated sediments; the installation, removal, and
maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the
placement of in-stream habitat structures; modifications of the stream bed and/or banks to restore
or establish stream meanders; the backfilling of artificial channels and drainage ditches; the
removal of existing drainage structures; the construction of small nesting islands; the
construction of open water areas; the construction of oyster habitat over unvegetated bottom in
tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or
discing for seed bed preparation and the planting of appropriate wetland species; mechanized
land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related
activities. Only native plant species should be planted at the site.
This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and
streams, on the project site provided there are net increases in aquatic resource functions and
services.
Except for the relocation of non-tidal waters on the project site, this NWP does not
authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g.,
stream to wetland or vice versa) or uplands. This NWP does not authorize stream channelization.
This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters,
including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open
water impoundments.
Reversion. For enhancement, restoration, and establishment activities conducted: (1) In
accordance with the terms and conditions of a binding wetland enhancement, restoration, or
establishment agreement between the landowner and the U.S. Fish and Wildlife Service (FWS),
the Natural Resources Conservation Service (MRCS), the Farm Service Agency (FSA), the
National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), or their
designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and
establishment actions documented by the NRCS or USDA Technical Service Provider pursuant
to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in
accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or
the applicable state agency, this NWP also authorizes any future discharge of dredged or fill
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or establishment activities). The reversion must occur
within five years after expiration of a limited term wetland restoration or establishment
agreement or permit, and is authorized in these circumstances even if the discharge occurs after
this NWP expires. The five-year reversion limit does not apply to agreements without time limits
reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, or an appropriate state
cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of
the United States for the reversion of wetlands that were restored, enhanced, or established on
prior-converted cropland that has not been abandoned or on uplands, in accordance with a
binding agreement between the landowner and NRCS, FSA, FWS, or their designated state
cooperating agencies (even though the restoration, enhancement, or establishment activity did
not require a section 404 permit). The prior condition will be documented in the original
agreement or permit, and the determination of return to prior conditions will be made by the
Federal agency or appropriate state agency executing the agreement or permit. Before
conducting any reversion activity the permittee or the appropriate Federal or state agency must
notify the district engineer and include the documentation of the prior condition. Once an area
has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory
requirements are applicable to that type of land at the time. The requirement that the activity
result in a net increase in aquatic resource functions and services does not apply to reversion
activities meeting the above conditions. Except for the activities described above, this NWP does
not authorize any future discharge of dredged or fill material associated with the reversion of the
area to its prior condition. In such cases a separate permit would be required for any reversion.
Reporting: For those activities that do not require pre-construction notification, the
permittee must submit to the district engineer a copy of. (1) The binding wetland enhancement,
restoration, or establishment agreement, or a project description, including project plans and
location map; (2) the NRCS or USDA Technical Service Provider documentation for the
voluntary wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit
issued by OSM or the applicable state agency. These documents must be submitted to the district
engineer at least 30 days prior to commencing activities in waters of the United States authorized
by this NWP.
Notification. The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity (see general condition 27), except for the following
activities:
(1) Activities conducted on non-Federal public lands and private lands, in accordance
with the terms and conditions of a binding wetland enhancement, restoration, or establishment
agreement between the landowner and the U.S. FWS, NRCS, FSA, NMFS, NOS, or their
designated state cooperating agencies;
(2) Voluntary wetland restoration, enhancement, and establishment actions documented
by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical
Guide standards; or
(3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit
issued by the OSM or the applicable state agency.
However, the permittee must submit a copy of the appropriate documentation. (Sections
10 and 404)
Note: This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks and in-lieu fee programs. However, this NWP does not authorize the reversion
of an area used for a compensatory mitigation project to its prior condition, since compensatory
mitigation is generally intended to be permanent.
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