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Home My WebLink AboutSUB200500045 Approval - Agencies 2018-04-26DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT FORT NORFOLK 803 FRONT STREET NORFOLK VA 23510-1011 - April 26, 2018 Western Virginia Regulatory Section NAO-2017-01789 The University of Virginia Foundation c/o Mr. Chris Schooley 1 Boar's Head Pointe P.O. Box 400218 Charlottesville, Virginia 22904-4218 Dear Mr. Schooley: This is in regard to your Department of the Army permit application number NAO- 2017-01789 to place fill into waters of the U.S. for the purpose of renovating a golf course. Approximately 0.18 acre of emergent wetland and 0.26 acre of open water will be impacted. The work will occur on your property at Birdwood Golf Course, Albemarle County, Virginia. Work will occur as detailed on drawings on file at this office. Your proposed work as outlined above satisfies the criteria contained in the Corps Nationwide Permit(s) (42) attached. The Corps Nationwide Permits were published in the January 6, 2017, Federal Register notice (82 FR 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) 42. 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: As mitigation for the proposed impacts the applicant will grade approximately 0.49 acre of upland adjacent to an emergent wetland found on Hole #16 and approximately 0.26 acre of upland adjacent to an emergent wetland found on Hole # 18 and plant both areas with herbaceous hydrophytes. Approximately 0.75 acre will be planted. Monitoring reports must be submitted before September of each monitoring year. The report will identify and document visual observation, the presence/absence of the dominance of vegetation having an indicator status of Facultative or wetter vegetation within the planted areas. If a dominance of Upland species or the presence of invasive species is observed, a corrective action plan will be initiated. Both areas will be monitored for a maximum of 10 years. Monitoring will commence following construction in year 1 and in years 2, 3, 5, 7, and 10. 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, Digitally signed PEROYINCENT PERO.VINCENT.D.1 .1270778255 DN: c=US, o=U.S. Government, . D.1270778255 on -PE O VINCENT.D.1270778255 Date: 2018.04.26 06:55:24-04'00' Vincent D. Pero Western Virginia Regulatory Section