HomeMy WebLinkAboutWPO201600062 Permit 2017-08-03 (3)i1
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DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
NORFOLK DISTRICT
FORT NORFOLK
803 FRONT STREET
NORFOLK VA 23510-1011
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June 21, 2017
Western Virginia Regulatory Section
NAO-2017-00145 (Flat Branch)
Neighborhood Investments, LLC
ATTN: Richard Spurzem
810 Catalpa Court
Charlottesville, Virginia 22903
Dear Mr. Spurzem:
This is in regard to your Department of the Army permit application number NAO-
2017-00145 to impact approximately 18 cubic yards of stream (225 linear foot) and
temporarily impact approximately 73 linear foot of stream to install a culvert. The work
will occur along route 29, Albemarle County, Virginia. These impacts are detailed on
drawings on file at this office.
Your proposed work as outlined above satisfies the criteria contained in the Corps
Nationwide Permit(s) (18), attached. The Corps Nationwide Permits were published in
the January 6, 2017, Federal Register notice (82 FIR 1860) 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.
Provided the Nationwide Permit General Conditions (enclosed) are met, an
individual Department of the Army Permit will not be required. In addition, the Virginia
Department of Environmental Quality has provided an unconditional/conditional §401
Water Quality Certification for Nationwide Permit Number(s) 18. A permit may be
required from the Virginia Marine Resources Commission and/or your local wetlands
board, and this verification is not 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.
SPECIAL CONDITIONS
No in -stream work between May 15 — July 31 of any year, to protect the James
River Spinymussel, in the North Fork Rivanna River
All work done in -stream must be done in the dry
Enclosed is a "compliance certification" form, which must be signed and returned
within 30 days of completion of the project, including any required mitigation. Your
signature on this form certifies that you have completed the work in accordance with the
nationwide permit terms and conditions.
This verification is valid until the NWP is modified, reissued, or revoked. All of the
existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18,
2022. It is incumbent upon you to remain informed of changes to the NWPs. We will
issue a public notice when the NWPs 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 NWP 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 NWP
verification expires, unless the district engineer removes those conditions. Activities
completed under the authorization of an NWP which was in effect at the time the activity
was completed continue to be authorized by that NWP.
In granting an authorization pursuant to this permit, the Norfolk District has relied on
the information and data provided by the permittee. If, subsequent to notification by the
Corps that a project qualifies for this permit, such information and data prove to be
materially false or materially incomplete, the authorization may be suspended or
revoked, in whole or in part, and/or the Government may institute appropriate legal
proceedings.
If you have any questions and/or concerns about this permit authorization, please
contact Vincent Pero via telephone at 434-973-0568 or via email at
Vincent.d.pero@usace.army.mil
Sincerely,
PE RO Y I N C E NT. D. 1
Digitally signed by PERO.VINCENT.D.1270778255
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
270778255
ou=USA, cn=PERO.VI NCENT.D.1270778255
Date: 2017.06.20 09:00:25-04'00'
Vincent D. Pero
Western Virginia Regulatory Section
Enclosure(s)
Cc: Agent