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Home My WebLink About20161077 Ver 1_NWP27 SAW-2016-02202_20190417U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-02202 County: Jackson U.S.G.S. Quad: Sylva South GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NC Division of Mitigation Services Attn: Mr. Tim Baumgartner Address: 217 West Jones Street, Suite 3000A Raleigh, North Carolina 27603 Telephone: 919-707-8319 Size (acres) 6.0 acres Nearest Waterway Caney Fork USGS HUC 06010203 Permittee: EW Solutions Address: 37 Haywood Street, Suite 100 Asheville, NC 28801 Telephone: 828-2536856 Nearest Town Cullowhee River Basin Little Tennessee Coordinates Latitude: 35.300775 IN Longitude: -83.134333 °W Location description: The NCDMS Harrell Mitigation Site includes two unnamed tributaries to Caney Fork, and is located on Caney Fork Road, 0.5 mile from the intersection of Moses Creek Road, 2.8 miles southeast of Cullowhee, Jackson County, North Carolina. PIN: 7568-69-6312. Description of projects area and activity: The co -applicants, NCDMS and EW Solutions, have requested a Department of the Armv Dermit authorization to discharge dredged and/or fill material into waters of the United States associated with the NCDMS Harrell Mitigation Site. Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 1,774 linear feet of stream channel, and 0.286 acres of wetlands associated with mechanized land clearing, excavation, placement of fill material, and stream relocation activities for the mitigation site. Compensatory mitigation is NOT reauired in coniunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed summary of impacts Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment Activities 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 March 5, 2019. 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 and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general 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 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 Permit, or the Corps of Engineers regulatory program, please contact Kimberly Browning, 919.554.4884 x60. SAW -2016-02202 Digitally signed by BROWN ING.KIMBERLY. BROWNINGNMBERLY.DANIELLE.152 DAN IELLE.1527683510 7683510 Corps Regulatory Official: Date: 2019.04.17 16:41:58 -04'00' Expiration Date of Verification: March 18, 2022 Date: April 17, 2019 Table 1. Authorized discharge of fill material into waters of the United States in association with the NCDMS Harrell Mitigation Site (SAW -2016-02202). Impact Fill Length Fill acreage Duration of Fill Regulated Discharge of Number Classification of Stream wetland Material Fill Material Activity (if) (ac) S1/1B River/Stream Temporary Ecological Restoration 286 Temporary S2/1 C River/Stream Ecological Restoration 1265 Temporary S3/1 D River/Stream Ecological Restoration 223 TOTAL STREAM IMPACTS 1774 W 1 /W 01 Wetland 0.008 Permanent Ecological Restoration W2/W01 Wetland 0.035 Temporary Ecological Restoration W4/W02 Wetland 0.026 Permanent Ecological Restoration W5/W02 Wetland 0.217 Temporary Ecological Restoration TOTAL WETLAND IMPACTS 0.286 *Impacts are associated with aquatic resource restoration and enhancement activities and are expected to result in a net gain in Waters of the US. SPECIAL CONDITIONS 1. The permittee understands and agrees that the document entitled "Final Mitigation Plan — Harrell Mitigation Site" dated January 15, 2019, is incorporated and made part of this permit. Execution of the work and terms given in the approved mitigation plan are a condition of this permit. 2. This Nationwide Permit verification does not imply 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 the permit review process for that project. SAW -2016-02202 COMPLIANCE CERTIFICATION Action ID Number: SAW -2016-02202 County: Jackson Permittee: NC Division of Mitigation Services EW Solutions Attn: Mr. Tim Baumgartner Project Name: NCDMS Harrell Mitigation Site Date Verification Issued: April 17, 2019 Project Manager: Kim Browning 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 Regulatory Division Mitigation Office Attn: Kim Browning 3331 Heritage Trade Drive, Suite 105 Raleigh, NC 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