Att. 5 ACOE Permit Letter 250830.pdf

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NEW ENGLAND DISTRICT

696 VIRGINIA ROAD

CONCORD MA 01742-2751

March 4, 2024 Regulatory Division File Number: NAE-2021-02588

Derek Ibarguen White Mountain National Forest Pemigewasset Ranger District 71 White Mountain Drive Campton, New Hampshire 03223 Sent by email: derek.ibarguen@usda.gov

Dear Mr. Ibarguen:

The U.S. Army Corps of Engineers (USACE) has reviewed your application to discharge fill within Waters of the United States, including stream channels, in order to stabilize the bank of the East Branch Pemigewasset River and the Lincoln Woods Trail.

Permanent fill includes 440 linear feet of stream impacts, and temporary fill includes 470 linear feet of stream impact. This project is located in the East Branch Pemigewasset River at the Lincoln Woods Trailhead off the Kancamagus Highway in Lincoln, New Hampshire. The work is shown on the enclosed plans titled “Lincoln Woods Trail Slope Stability Project,” on 13 sheets, and dated “1/22/2021.”

Based on the information that you provided to the New Hampshire Wetlands Bureau, we verify that this work is authorized under General Permit # 9 of the enclosed September 29, 2022, federal permits known as the New Hampshire General Permits (GPs). The GPs are also available at https://www.nae.usace.army.mil/Missions/ Regulatory/State-General-Permits/New-Hampshire-General-Permit.

Please review the enclosed GPs carefully, in particular the general conditions beginning on page 36, and ensure that you and all personnel performing work authorized by the GPs are fully aware of and comply with its terms and conditions. A copy of the GPs and this verification letter shall be available at the work site as required by General Condition 17. You must perform this work in compliance with the following special conditions:

1. Compensatory mitigation shall consist of 6,286 linear feet of stream restoration on Zealand River in Bethlehem, New Hampshire and shall be performed in accordance with a final mitigation plan which shall be submitted within 120 days of project authorization and which shall not be implemented until the Corps of Engineers approves it in writing. The White Mountain National Forest Pemigewasset Ranger District is responsible for providing the compensatory mitigation. The permittee https://www.nae.usace.army.mil/Missions/%E2%80%8CRegulatory/%E2%80%8CState-General-Permits/New-Hampshire-General-Permit https://www.nae.usace.army.mil/Missions/%E2%80%8CRegulatory/%E2%80%8CState-General-Permits/New-Hampshire-General-Permit

-2-cannot commence work in waters of the U.S. until the Corps of Engineers approves the final mitigation plan.

Should a site not meet the ecological performance objectives of the project, Corps of Engineers will work with the permittee to determine appropriate measures to remedy the deficiencies. This may include site modifications, design changes, revisions to maintenance requirements, revised monitoring requirements, use of a different site, or purchase of credits from a ILF program. Performance standards may be revised in accordance with adaptive management to account for measures taken to address deficiencies. They may also be revised to reflect changes in management strategies and objectives if the new standards provide ecological benefits that are comparable or superior to those originally approved. No other revisions to performance standards will be allowed except in the case of natural disasters.

2. The compensatory mitigation project shall be monitored for a minimum of 5 years. The first year of monitoring will be the first year that the site has been through a full growing period after completion of construction and planting. For these permit special conditions, a growing period starts no later than May 31. Monitoring shall occur annually – in late spring/early summer and again in late summer/early fall - with appropriate remedial measures to ensure that performance standards are met.

Monitoring reports shall be submitted to Lindsey Lefebvre - Regulatory Division, Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742- 2751 or Lindsey.E.Lefebvre@usace.army.mil, during years 1-5, no later than December 15 of each year a report is due. Failure to perform the monitoring and submit monitoring reports constitutes permit non-compliance. Remedial measures will be implemented at least two years prior to completion of the monitoring period to attain the project-specific performance standards within 2 growing periods after completion of construction of the mitigation site. Should measures be required within two years of the end of the original monitoring period, the monitoring period will be extended as necessary to ensure two years of monitoring after the remedial work is completed.

3. Your responsibility to complete the required compensatory mitigation as set forth in Special Condition 1 will not be considered fulfilled until you have demonstrated mitigation success and have received written verification from the Corps of Engineers. The term “mitigation success” means success as defined in the mitigation plan this permit requires you to implement. Demonstration of success under this permit shall consist of the required mitigation monitoring, corrective measures, submittal of mitigation monitoring reports, and a final wetland assessment.

mailto:Lindsey.E.Lefebvre@usace.army.mil

-3-

4. The permittee shall ensure that the perimeter of the compensatory mitigation area is at all times plainly marked by permanent signs or by an equivalent, permanent marking system designating the area as a protected area.

5. The work authorized herein shall not be conducted during the time of year (TOY) restriction of October 1st to July 5th in order to minimize adverse impacts to essential fish habitat.

6. Appropriate soil erosion, sediment and turbidity controls shall be used and maintained in effective operating condition during construction. Work capable of producing turbidity or sedimentation should be done during periods of low-flow or no-flow, when the stream is waterward of the work, or when controls are used to obtain dry work conditions. Work that produces greater than minimal turbidity or sedimentation should not be done during the TOY restriction.

7. Controls in streams shall be installed and removed during the same TOY work window. Controls (e.g. cofferdams) should not encroach >25% from the ordinary high water (OHW) during the TOY restriction. This is to protect upstream fish passage.

Maintain downstream fish passage throughout the project. Controls shall be removed upon completion of work, but not until all exposed soil and other fills, as well as any work waterward of OHW are permanently stabilized. Sediment and debris collected by these devices shall be removed and placed at an upland location in a manner that will prevent its later erosion into a waterway or wetland.

8. You must complete and return the enclosed Work Start Notification Form to this office at least two weeks before the anticipated start date. You must complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work.

This authorization expires on September 29, 2027. You must commence or have under contract to commence the work authorized herein by September 29, 2027, and complete the work by September 29, 2028. If not, you must contact this office to determine the need for further authorization and we recommend you contact us before the work authorized herein expires. Please contact us immediately if you change the plans or construction methods for work within our jurisdiction as we must approve any changes before you undertake them. Performing work within our jurisdiction that is not specifically authorized by this determination or failing to comply with the special condition(s) provided above or all the terms and conditions of the GPs may subject you to the enforcement provisions of our regulations.

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This authorization does not obviate the need to obtain other federal, state or local authorizations required by law, including those listed in the GPs. Applicants are responsible for applying for and obtaining any other approvals.

We continually strive to improve our customer service. To better serve you, we would appreciate your completing our Customer Service Survey located at https://regulatory.ops.usace.army.mil/customer-service-survey.

Please contact Lindsey Lefebvre of my staff at (978) 318-8295 or Lindsey.E.Lefebvre@usace.army.mil if you have any questions.

Sincerely, Frank J. DelGiudice Chief, NH & VT Section Regulatory Division Enclosures cc:

Agent, Fuss & O’Neill; Grp-VTPermitting@fando.com Darlene Forst, NH DES; darlene.forst@des.nh.gov Mary Ann Tilton, NHDES; maryann.tilton@des.nh.gov Rumi Shrestha, NHDES; Rumi.Shrestha@des.nh.gov Brandy Holmes, NHDES; Brandy.L.Holmes@des.nh.gov Emily Nichols, NH DES; Emily.P.Nichols@des.nh.gov https://regulatory.ops.usace.army.mil/customer-service-survey.

mailto:Grp-VTPermitting@fando.com mailto:darlene.forst@des.nh.gov mailto:maryann.tilton@des.nh.gov mailto:Rumi.Shrestha@des.nh.gov mailto:Brandy.L.Holmes@des.nh.gov mailto:Emily.P.Nichols@des.nh.gov

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

COVER SHEET

N/A

LINCOLN WOODS

TRAIL

95%

GI-001

JF/JG/RL

1/22/2021

1818.8

DLM

JKF

WHITE MOUNTAIN NATIONAL FOREST

PEMIGEWASSET RANGER DISTRICT

TOWN OF LINCOLN

GRAFTON COUNTY, N.H.

LINCOLN WOODS TRAIL

SLOPE STABILITY PROJECT

PROJECT

LOCATION

Region Nine

0 100 200 miles

EASTERN REGION

LOCUS MAP: NOT TO SCALE

U.S. DEPARTMENT OF AGRICULTURE - FOREST SERVICE

SHEET INDEX

SHEET No. SHEET TITLE

GI-001 COVER SHEET

CN-100-101 GENERAL NOTES

CS-100 EXISTING CONDITIONS SITE PLAN

CS-101 OVERALL SITE PLAN

CS-102-103 SITE PLANS

CX-301-303 CROSS SECTIONS

CE-100 EROSION CONTROL PLAN

CD-501-502 CIVIL DETAILS

APPROVALS

DISTRICT OFFICE:

PEMIGEWASSET RANGER

SUPERVISORS OFFICE:

FOREST ENGINEER

FOREST SUPERVISOR

SITE

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

802.698.0370 www.fando.com

GENERAL NOTES

N/A

LINCOLN WOODS

TRAIL

95%

CN-100

JF/JG/RL

1/22/2021

1818.8

DLM

JKF

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

GENERAL NOTES

LINCOLN WOODS

TRAIL

95%

CN-101

JF/JG/RL

1/22/2021

1818.8

DLM

JKF

ITEM NUM ITEM UNIT QTY

15211-0000 CONSTRUCTION SURVEY AND STAKING, METHOD II,

TOLERANCE B Mile 0.10

15705-0500 SOIL EROSION CONTROL, TEMPORARY CULVERT PIPE LNFT 20

15705-0100 SOIL EROSION CONTROL, SILT FENCE LNFT 250

15705-2000 SOIL EROSION CONTROL, FLOATING TURBIDITY CURTAIN LNFT 600

15706-1600 SOIL EROSION CONTROL, STABILIZED CONSTRUCTION EXIT EACH 1

15706-2200 SOIL EROSION CONTROL, FILTER BAG EACH 2

20101-0000 CLEARING AND GRUBBING ACRE 0.5

20301-0400 REMOVAL OF BRIDGE EACH 1

20302-0700 REMOVAL OF FENCE LNFT 75

20421-0000 ROCK EXCAVATION CUYD 180

20803-0000 STRUCTURAL BACKFILL CUYD 325

20815-0000 COFFERDAMS LPSM 1

21202-0000 SITE GRADING SQYD 2100

25105-1000 KEYED RIPRAP, METHOD A, CLASS 10 CUYD 1800

30203-2140 ROADWAY AGGREGATE, METHOD 2, SURFACE COURSE,

6-INCH DEPTH SQYD 600

61901-2500 FENCE, SPLIT RAIL, 3 RAIL LNFT 75

62901-000 ROLLED EROSION CONTROL PRODUCT SQYD 700

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

EXISTING CONDITIONS

SITE PLAN

AS SHOWN

LINCOLN WOODS

TRAIL

95%

CS-100

JF/JG/RL

1/22/2021

1818.8

NSK/DLM/SK

IRD

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

OVERALL CONCEPTUAL

AS SHOWN

LINCOLN WOODS

TRAIL

IRD

NSK/DLM/SK

1818.8

1/22/2021

JJ/RC

CS-101

95%

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

STA: T 0+50 - T 3+00

AS SHOWN

LINCOLN WOODS

TRAIL

95%

CS-102

JF/JG/RL

1/22/2021

1818.8

NSK/DLM/SK

IRD

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

STA: T 3+00 - T 5+00

AS SHOWN

LINCOLN WOODS

TRAIL

IRD

NSK/DLM/SK

1818.8

1/22/2021

JF/JG/RL

CS-103

95%

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

CROSS SECTIONS

AS SHOWN

LINCOLN WOODS

TRAIL

95%

CX-301

JF/JG/RL

1/22/2021

1818.8

NSK/DLM/SK

IRD

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

LINCOLN WOODS

TRAIL

95%

CX-302

JF/JG/RL

1/22/2021

1818.8

NSK/DLM/SK

IRD

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

LINCOLN WOODS

TRAIL

95%

CX-303

JF/JG/RL

1/22/2021

1818.8

NSK/DLM/SK

IRD

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

EROSION CONTROL PLAN

LINCOLN WOODS

TRAIL

JKF

DLM

1818.8

1/22/2021

JF/JG/RL

CE-100

95%

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

CIVIL DETAILS

LINCOLN WOODS

TRAIL

95%

CD-501

JJ/RC

1/22/2021

1818.8

DLM

JKF

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

CIVIL DETAILS

LINCOLN WOODS

TRAIL

95%

CD-502

JJ/RC

1/22/2021

1818.8

DLM

JKF

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION NINE

WHITE MOUNTAIN

NATIONAL FOREST

PEMIGEWASSET

RANGER DISTRICT

205 BILLINGS FARMS ROAD, SUITE 6B

WHITE RIVER JUNCTION, VT 05001

WORK-START NOTIFICATION FORM

(Minimum Notice: Two weeks before work begins)

EMAIL TO: Lindsey.E.Lefebvre@usace.army.mil and cenae-r@usace.army.mil; or MAIL TO: Lindsey Lefebvre Regulatory Division U.S. Army Corps of Engineers, New England District 696 Virginia Road Concord, Massachusetts 01742-2751 Corps of Engineers Permit No. NAE-2023-00913 was issued to Dixville Capital LLC. This work is located in unnamed wetlands, streams, and the Androscoggin River and authorized discharge fill within Waters of the United States, including wetlands and stream channels, in order to redevelop and expand the Balsams Resort. Permanent fill includes 81,084 square feet of wetland impacts and 1,281 linear feet of stream impacts. Temporary fill includes 49,992 square feet of wetland impact and 1,309 linear feet of stream impact.

The people (e.g., contractor) listed below will do the work, and they understand the permit's conditions and limitations.

PLEASE PRINT OR TYPE

Name of Person/Firm: ___

Business Address: _____________________________________________________________

Phone & email: ( ) ( )

Proposed Work Dates: Start: Finish:

Permittee/Agent Signature: Date:

Printed Name: Title:

Date Permit Issued: _ _ Date Permit Expires:

FOR USE BY THE CORPS OF ENGINEERS

PM: Lindsey Lefebvre Submittals Required:

Inspection Recommendation:

mailto:Lindsey.E.Lefebvre@usace.army.mil mailto:cenae-r@usace.army.mil

COMPLIANCE CERTIFICATION FORM

(Minimum Notice: Permittee must sign and return notification within one month of the completion of work.)

Permit Number: NAE-2021-02588 Project Manager: Lindsey Lefebvre Name of Permittee: White Mountain National Forest Pemigewasset Ranger District

Permit Issuance Date: March 4, 2024

Please sign this certification and return it to our office upon completion of the activity and any mitigation required by the permit. You must submit this after the mitigation is complete, but not the mitigation monitoring, which requires separate submittals.

* E-MAIL TO: cenae-r@usace.army.mil; or Lindsey.E.Lefebvre@usace.army.mil *

* MAIL TO: Permits and Enforcement Branch C *

* U.S. Army Corps of Engineers, New England District *

* Regulatory Division *

* 696 Virginia Road *

* Concord, Massachusetts 01742-2751 *

Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the above referenced permit, and any required mitigation was completed in accordance with the permit conditions.

Signature of Permittee Date

Printed Name Date of Work Completion

Telephone Number Telephone Number mailto:cenae-r@usace.army.mil