Attachment F-ANC NWP 27.pdf.pdf

DEPARTMENT OF THE ARMY

NORFOLK DISTRICT CORPS OF ENGINEERS

FORT NORFOLK 803 FRONT STREET

NORFOLK, VIRGINIA 23510-1096

Reply to the Attention of: June 20, 2013

Northern Virginia Regulatory Section

NAO 2013-1128 (Unnamed Tributaries to Potomac River)

Mr. Kent Carson

C/o Arlington National Cemetery

1 Memorial Drive, AD Building

Arlington, Virginia 22211

Dear Mr. Carson:

This letter is regarding the request by Wetland Studies and Solutions, Inc. to perform work in the waters of the United States. The project “Arlington National Cemetery Millennium Stream Restoration” proposes to restore 1794 linear feet of unnamed tributaries to the Potomac River within the Arlington

National Cemetery in Arlington County, Virginia. The project as proposed would temporarily impact 69 linear feet of stream channel associated with the restoration plan.

Based on the plans prepared by Wetland Studies and Solutions, Inc., titled “Arlington National

Cemetery, Millennium Project Site Expansion Stream Restoration, Overall Plan, Grading and

Longitudinal Profile”, Sheets CS-200, CG-104 and CG-105 and dated June 3, 2013 has been reviewed and found to satisfy the criteria contained in the Corps Nationwide Permit 27 (attached). The Corps

Nationwide Permits were published in the February 21, 2012 Federal Register notice (77 FR 10184) 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.

In addition, the following conditions are incorporated into the authorization:

1. The stream restoration project as depicted in the plans entitled “Arlington National Cemetery, Millennium Project Site Expansion Stream Restoration, Overall Plan, Grading and Longitudinal Profile”, Sheets CS-200, CG-104 and CG-105 and dated June 3, 2013 shall submit monitoring reports as stated within the Preconstruction Notification dated June 3, 2013.

2. Strict sediment and erosion control measures consistent with those contained in the standards and criteria of the Virginia Sediment and Erosion Control handbook shall be used.

3. The approval of this NWP 27 does not allow for the sale of wetland and stream credits unless all approved parties have signed the associated Mitigation Banking Instrument (MBI).

4. Arlington National Cemetery shall adhere to the Memorandum of Agreement (MOA)

“MEMORANDUM OF AGREEMENT AMONG ARLINGTON NATIONAL CEMETERY, THE

NATIONAL PARK SERVICE—GEORGE WASHINGTON MEMORIAL PARKWAY, AND THE

VIRGINIA STATE HISTORIC PRESERVATION OFFICER REGARDING THE MILLENNIUM

PROJECT ARLINGTON NATIONAL CEMETERY ARLINGTON COUNTY, VIRGINIA”

The aforementioned conditions are necessary for the verification of the nationwide permit authorization. If these conditions are not acceptable, an individual permit will be required. In addition, the Virginia Department of Environmental Quality has conditionally waived 401 certification for

Nationwide Permit Number 27.

Enclosed is a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation (see nationwide permit condition number

14). 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, 2017. 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.

If you have any questions, please contact Regena Bronson at (540) 548-2838 or regena.d.bronson@usace.army.mil.

Copies of this verification have been provided to Virginia Department of Environmental Quality, Virginia Marine Resource Commission and Wetland Studies and Solutions, Inc.

Sincerely, FOR

Jeanne C. Richardson

Chief, Northern Virginia Regulatory Section

Enclosures mailto:regena.d.bronson@usace.army.mil