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HomeMy WebLinkAboutWPO202200024 Correspondence 2023-01-12_ DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT FORT NORFOLK 803 FRONT STREET ® NORFOLK VA 23510-1011 March 11, 2022 Western Virginia Regulatory Section NAO-2019-1211 / VMRC#21-V1819 (Houchins Creek) Mr. Ian Susslin Rivanna Solar LLC 1901 Harrison Street, Suite 1630 Oakland, CA 94612 Dear Mr. Susslin: This is regarding your Department of the Army permit application number NAO- 2019-1211 (VMRC #21-1819) to impact approximately 278 linear feet of stream and 0.07 acres of wetlands in three separate crossings, each a single and complete project. Three separate road crossings will be installed for access to a proposed solar field. The three road crossings are located at existing farm roads to minimize impacts to aquatic resources. The work will occur at 2627 Buck Island Road, Charlottesville, Virginia (37.967361 N,-78.400430 W). These impacts are detailed on the enclosed drawings entitled "Stream and Mitigation Plan," Figures 1-4, prepared and submitted on behalf of the applicant by Adapture Renewables and dated November 17, 2021, and revised on December 13, 2021, and received by this office on February 9, 2022 (attached). Your proposed work as outlined above satisfies the criteria contained in the Corps Nationwide Permit (s) (14), attached. Certain Corps Nationwide Permits were published in the December 27, 2021, Federal Register notice (86 FIR 73522) and the regulations governing their use can be found in 33 CFR 330 published in Volume 56, Number 226 of the Federal Register dated November 22, 1991. The USFWS has asked that we inform you of their authority under the Migratory Bird Treaty Act (16 USC 703). You should contact Thomas Wittig concerning this matter at 413-253-8577 or Thomas_wittig@fws.gov to determine if any restrictions apply to your project. Please note that you should either obtain a U.S. Fish and Wildlife Service (FWS) bald eagle take permit or a letter of concurrence from FWS indicating that a permit is not necessary prior to initiating construction activities. You should contact Thomas Wittig concerning this matter at 413-253-8577 or Thomas_wittig@fws.gov. Provided the project specific conditions (above), Regional Conditions, and the Nationwide Permit General Conditions (enclosed) are met, an individual Department of the Army Permit will not be required. To assist in your compliance with NWP General Condition #30, enclosed is a "compliance certification" form, which must be signed and CENAO-WRR-W NAO-2019-1211 returned within 30 days of completion of the project, including any required compensatory mitigation. Please be aware that a permit may be required from the Virginia Marine Resources Commission and/or your local wetlands board, and this verification may not be valid until you obtain their approval, if necessary. This authorization does not relieve your responsibility to comply with local requirements pursuant to the Chesapeake Bay Preservation Act (CBPA), nor does it supersede local government authority and responsibilities pursuant to the Act. You should contact your local government before you begin work to find out how the CBPA applies to your project. This verification is valid until the Nationwide Permit is modified, reissued, or revoked. This Nationwide Permit(s) 14 is scheduled to be modified, reissued, or revoked prior to March 14, 2026. It is incumbent upon you to remain informed of changes to the Nationwide Permits. We will issue a public notice when the Nationwide Permits are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the Nationwide Permit to complete the activity under the present terms and conditions of this Nationwide Permit unless discretionary authority has been exercised on a case -by -case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Project specific conditions listed in this letter continue to remain in effect after the Nationwide Permit verification expires unless the district engineer removes those conditions. Activities completed under the authorization of a Nationwide Permit which was in effect at the time the activity was completed continue to be authorized by that Nationwide Permit. In granting an authorization pursuant to this permit, we relied on the information and data provided by the permittee. If we determine that this information is false or incomplete, we may suspend or revoke, in whole or in part, this authorization and institute appropriate legal proceeding. If you have additional questions or concerns about this permit authorization, please contact the office by telephone at (540) 344-1409 or by email at dana.m.heston@usace.army.mil. Sincerely, Uzi Dana Heston Environmental Scientist Western Virginia Regulatory Section z CENAO-WRR-W NAO-2019-1211 Enclosure(s) cc: Carolyn Sweeney Mark Eversole, Virginia Marine Resources Commission Cathy Wright, Virginia Department of Environmental Quality