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HomeMy WebLinkAboutSW3190505_Report_(Wetland)(2)_20190924U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00633 County: Union U.S.G.S. Quad: NC -Midland GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Epcon Communities Scott Twiddv Address: 8600 Sam Furr Road, Suite 180 Charlotte, NC 28078 Telephone Number: 803-389-3387 E-mail: wstwiddv(dicloud.com Size (acres) 50 Nearest Town Matthews Nearest Waterway Goose Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.147473 Longitude:-80.622154 Location description: The review area is located on the north/northeast side of Lawvers Road; approximately 2 miles northwest of the intersection of Lawvers Road and Mill Grove Road. PINS: K8-321-004, D8-321-004A, K8-321-004A, D8-321-004, 08-321- 003 and 08-321-005A01. Reference review area description shown in Pre -Construction Notification package entitled "Figure 1. Vicinitv Mad' and Printed Date 03/20/2019. Description of projects area and activity: This verification authorizes the permanent impacts to 210 linear feet of stream and 0.05 acre of wetlands to facilitate the development of a single-familv residential sub -division. Proposed stream impacts are associated with a road crossing and fill/grading for the development of residential lots. Of the 210 linear feet of permanent stream impacts, 44 linear feet are associated with bank stabilization activities (i.e., riprap lined banks). Proposed wetland impacts are associated with grading for residential lots, a road, and a walking trail. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 8/23/2019, and the enclosed plans Permit Drawings 1-10 dated 7/26/2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Brvan Roden-Revnolds at 704-510-1440or brvan.roden-revnolds(dusace.armv.mil. RODEN REYNOLDS.B RYAN. KENNETH. 126338SS74 Digit znyslgwdby RODENREYNOLDS.BRYAN. ENNUH.1263385574 Corps Regulatory Official: D-2°'9.N.16°9.30.48�4no Date: 09/16/2019 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0 Copy furnished: Agent: Carolina Wetland Services, Inc. Aliisa Hariuniemi Address: 550 E. Westinghouse Boulevard Charlotte, NC 28273 Telephone Number: 980-259-1222 E-mail: aliisa(diews-inc.net SAW-2019-00633 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2019-00633 County: Union Permittee: Epcon Communities, Scott Twiddy Project Name: Courtyards at Lawyers Road Date Verification Issued: 09/16/2019 Project Manager: Bryan Roden -Reynolds Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or bryan.roden-rynolds@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SAW-2019-00633 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: Epcon Communities, Scott Twiddy 1.2 Activity location: Latitude: 35.147473 Longitude:-80.622154 Location description: The review area is located on the north/northeast side of Lawyers Road; approximately 2 miles northwest of the intersection of Lawyers Road and Mill Grove Road. PINs: K8-321-004, D8-321-004A, K8-321-004A, D8-321-004, 08-321-003 and 08-321-005A01. Reference review area description shown in Pre -Construction Notification package entitled "Figure 1, Vicinity Map" and Printed Date 03/20/2019. 1.3 Description of activity requiring verification: This verification would authorize the permanent impacts to 210 linear feet of stream and 0.05 acre of wetlands to facilitate the development of a single-family residential sub -division. Proposed stream impacts are associated with a road crossing and fill/grading for the development of residential lots. Of the 210 linear feet of permanent stream impacts, 44 linear feet are associated with bank stabilization activities (i.e., riprap lined banks). Proposed wetland impacts are associated with grading for residential lots, a road, and a walking trail. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing: 9/9/2019 1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 6/27/2019. 1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 29. Residential Developments 1.9 Activity requires written waiver of NWP limits? No. 1.10 Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed activity in waters would include the loss of jurisdictional waters (as specified in Section 1.3) and their associated aquatic resource functions. The proposed activity also has the potential to result in indirect effects to waters including excess sedimentation in downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the project area, increase of downstream flows, and blocking/restricting aquatic life passage transiting in and through the project area. These indirect effects are expected SAW-2019-00633 to be minimal due to design criteria and Best Management Practices (BMPs) required by Nationwide Permit General and Regional Conditions. Additionally, indirect effects would be further reduced through the implementation of BMPs required by state, local, and Federal ordinances and regulations. 2.2 Site specific factors: The review area consists of forested areas, maintained agricultural fields, and maintained open area. On -site elevations range from 600-620 feet above mean sea level. Land cover within the review area consists of deciduous forest, herbaceous areas, mixed forest, woody wetlands, and herbaceous wetlands. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? No. Agency coordination is not required and was not conducted for the proposed project. 2.3.2 Was the PCN coordinated with other Corps offices? No. 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site -The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? Yes. Provide rationale: Compensatory mitigation is required to ensure minimal adverse environmental effects. The loss of stream channel associated with the activity is greater than 150 linear feet. 2.4.3 Type and location of compensatory mitigation Is the impact in the service area of an approved mitigation bank? Yes. If yes, does the mitigation bank have appropriate number and resource type of credits available? No. Is the impact in the service area of an approved in -lieu fee program? Yes. If yes, does the in -lieu fee program have the appropriate number and resource type of credits available? Yes. Selected compensatory mitigation type/location(s): See Table 1 Table 1: Mitigation Type and Location SAW-2019-00633 Mitigation bank credits In -lieu fee program credits X Perm ittee-responsible mitigation under a watershed approach Perm ittee-res onsible mitigation, on -site and in -kind Perm ittee-responsible mitigation, off -site and/or out of kind Does the selected compensatory mitigation option deviate from the order of the options presented in §332.3(b)(2)-(6)? N/A. If yes, provide the rationale for the deviation, including the likelihood for ecological success and sustainability, location of the compensation site relative to the impact site and their significance within the watershed, and/or the costs of the compensatory mitigation project (see 33 CFR §332.3(a)(1)): 2.4.4 Amount of compensatory mitigation: 291 linear feet of stream credit Rationale for required compensatory mitigation amount: Compensatory mitigation for permanent impacts to 166 linear feet of intermittent stream channel would be required at 1.75:1. Based on the medium quality, as determined by North Carolina Stream Assessment Methodology, the compensatory ratio of 1.75:1 is appropriate to compensate for the proposed stream channel loss. Click here to enter text. 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Union County: Name: Carolina heelsplitter (Lasmigona decorata) Status: Endangered Name: Michaux's sumac (Rhus michauxii) Status: Endangered Name: Schweinitz's sunflower (Helianthus schweinitzii) Status: Endangered Effect determination (s), including no effect, for all known species/habitat, and basis for determination(s): The Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. Based on the latest version of the Natural Heritage Program's NHEO data, there are no protected species located within or in the vicinity of the action area. 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the SAW-2019-00633 consultation). Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? No. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. No. See Section 3.2 above. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United States that will be directly affected by the proposed work or structures, as well as activities outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been met. Final description of the permit area: All three test have been met and portions of the larger project undertaken outside of waters of the U.S. are in the permit area. Activities undertaken outside WOUS are included in the permit area because those activities are directly associated and integrally related with the authorized work and those activities would not occur but for the authorization of the work within the WOUS. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? No. Based on the NCDCR "HPOWEB" service, aerial photographs, and a site visit, there are no known historic properties located in the permit area or in close proximity to the permit area. Effect determination and basis for that determination: The Corps has determined the proposed activity has no potential to cause effects to properties listed or eligible for listing in the National Register of Historic Places, because the project is located in areas that have been extensively modified. 3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects" (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. There are no known tribal interests in the project area. SAW-2019-00633 Provide a description of any consultation(s) conducted including results and how concerns about significant effects to protected tribal resources, tribal rights and/or Indian lands were addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.4.2 Other Tribal including any discussion of Tribal Treaty rights? N/A 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? Yes. 4.2 Required special condition(s) Special condition: a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Rationale -See Section 2.4.2. 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A. SAW-2019-00633 5.2 The activity, with the required mitigation, will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest, provided the permittee complies with the special conditions identified above. 5.3 This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. PREPARED BY: RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNET REYNOLDS.BRYAN.KENNETH.12633 85574 H.1263385574 Date: 2019.09.1609:30:31-04'00' Date: 09/16/2019 Bryan Roden -Reynolds 1 i ----- r - - -- - Cj --- - ; - WETLAND BB�— SEASONAL I � STREAM C 1 �. 1 11 J f t f NON -JURISDICTIONAL WETLAND CC , ------,EPHEMERAL STREAM IDISTURBED BY ROAD CROSSING) _ CHANNEL d lir'•' - - INTERMITTENT ;' f .WETLAND AA STREAM C WETLAND dp SEA$QNALI r , - INTERMITTENT STREAM B I - 3 � �J If', i '�'�tYY['�','s'"y,�''i. y-_ �i` ,•r ��' �. - l�'l' — 1 1j MF, ---------- ---- - _ i `---- 76f�----- �%• _� } - IIs -� l f-_ � j n��jjJ f�_i__i_ L I � "'•.�• � i I � � - 1 It � rr r- F---- —I 1 1 ' 500 fl 254 500 1000 SHEET TITLE EXISTING SITE CONDITIONS SAW - SCALf,.iSOC. DAITE 07 28 19 ROIECT COURTYARDS ON LAWYERS ROAD Tom� CO, MC >3Ts azacm MAH Yplammi g - ssorraursa �c Hays, At P1iesle; a S�rveyl�r; n Q��.�Nrr�srrris; xC Cbryorata .jam C�OWK � P NNW r...ft . aazas Ra�Irv■uua �r-w�a %wasum 971.MENOVA4 W2 or laTS GRAPHIC SCALE W FEET r r�s r `- --- , ��� ��_-� 4y � pRDpOSE➢ROAD, LtlTS ANO GRAOINO WETLANOIMPACT j y JSEE DETAJL �,J v �' r~ " SHEET 7OF 19-� PROPOSED LOTS AND GRADING- %��r--:STREAM MPACT 1 ~ � �•f i-••�_--4 SEE DETAIL "G" �- SHEET $ OF 10 ~ L 1 1 1 - � +• +••'I a r `y r r r _ f f ��. 7'��' - FROPOSEd LOTS AND GRADING + 'PROPOSED ROAD CROSSING r R ...' 'i %HVILAND IMPACT STREAN IMPACT - � Y ,• ,+. , •' *__— 8E£ DETAIL "D- " SEE tlETAIL A �+ Y� ., s"EET B OF lO 5H EET 3OF 10. _ _ �i' 1 ''', 1'' , - �Ly - 11 _ ____ rr• ~'Lr:• -,'i f i�1__' } f ;'`�1 r r� .�'� / JC • ' F-- li------� 51 _J\ 1 .-C-- � ,� /�� l i. ` i! �A+\+ 'AAC.�+h r' ���• � � � � 'rT� ��� I +xti---�� ^ � I - ! _�'rr 5p0 p 250 5DO lom GRAPHIC SCALE ( IN FEET ) SHEET TITLE SAW — OVERVIEW OF IMPACTS 11101ECT COURTYARDS ON LAWYERS ROAD TOWN OF BTALLN GS, LII M 00, PLC. FM EPCON COMMUNMES Ymmouc EI-4hra"w t liou[$ Imc. pgP��[p�s pa�et�s; $rfveylr•S Is pPBitighweerims cmtI. Cmpmvle QwW4e, M � Wdma Mm AJwas, llNztbL Cl u =34 eMuon jC-o.78 mLmiloo mLwtmo (w mKxwo 0 I "= W ymr-- 07 25, BTG S- MAH fi - 100' RIPARIAN BUFFER l S2 - Stream C 44 If (Rip rap along banks) Permanent impact, no loss of waters BURIED 6" BELOW EX. STREAM BOTTOM. F PLACE RIP RAP � "BANK OF CHANNEL ONLY. DO NOT DISTURB CHANNEL S BOTTOM. 1 'Aim to IVA In 1 -Stream C 76 If impact (culvert for road rossing) Permanent loss of waters 100' RIPARIAN BUFFER 1 1 MH 82 ~ ' RIM: 678.30 INV IN:664.91 , INV IN:667.09 (STUB) INV OUT:664.91 WETLAND "DID" CB $3 TC: 676,80 INV IN:663.74 (MH 82) 1 [� INV UT-6.(CB 94} OII INV UT:663.3.74 � I - rs s � f ` STREAM "C' 40 0 2Q 40 80 GRAPHIC SCALE { nr FEW -A_A-Z. HEADWALL 11 lam~ INV: 667.98 V: 7.8 W:23.0' X L: 20.0' DIA. RIP RAP 13.5" MIN. DEPTH *CULVERT INVERT BURIED B" BELOW _ EX. STREAM BOTTOM. PLACE RIP RAP ON BANK OF CHANNEL l ,j ONLY. DO NOT DISTURB CHANNEL 'BOTTOM. �� S1 - 76 If permanent impact S2 - 44 If permanent impact (no - -2 ' loss of waters) SHEET TITLE $Al STREAM IMPACT DETAIL "A" PROJECT COURTYARDS ON LAWYERS ROAD TOWN of srALUWi% MM Ca, N.0 FOR EPCON COMMUNTM YjmsRouc.H-'Uflxuz& s� a Houtz. INc. twi lINSOJAs o dwrOyisI 0 ENSINIPM94ff onva ti M64 TRAMHG 1'=40' 07 28 19 BTG W042-FY M AH MWNQ Na .T3a 2m. IMEMEMIMMEM_ IMEMPRE-arrr :!!mmmmm TE- R0 . M . 1 RO. G ADE ST EE +HEDW PROP LL 2 x. RA E IROF 1. H A❑PWUF- ALL 1 BU QED 13ELC W C AN EL BOTTOM. FIR . I V: 89. 2 t 6 70' R INF RC ❑ NcplDr- URI ❑ 8 BE -OW 0,5 54. 4' F ROP IN : 6 7.9 C C NC ETE P!P 670 m a❑ ❑ 20 4o so modYA"ROUGH-M GRAPHIC SCALE� IN FEET j SHEET TITLE STREAM IMPACT SECTION (DETAIL A) $AW- - - 26 19 ROJECT COURTYARDS ON LAWYERS ROAD TOWN OF ST LLMICi8, Mm CO, NC. Ka EPCCN COMMUMMS 9TG MAH L •■r.s k HOULB, INC. A[sasiar o Srrvoybog - �8,,,�kdrarir8 M-D'. a PIlm C..a, mm x�r,wwn �e-waa 7usmim aw-se-O WW 511r or •Sirs C } 1 678 l S3 - Stream C 1 - 90 If impact (fill) I - Permanent loss of r� •.R waters { 100' RIPARIAN olio BUFFER687 ` NON —JURISDICTIONAL STREAM } C� 100' RIPARIAN '- BUFFER r ~� S3 - 90 If permanent impact SHEET TITLE SAW- _ STREAM IMPACT DETAIL "B" =¢° ❑7zs 1! PROJECT COURTYARDS ON LAWYERS ROAD AM 13Y 9TG TOWN OF STALLR+ILA LM M CQ N.C. MAH r as Q za 40 av FOR- EPCON COMMUNTES _ YAxzjwuru-WiLLum a Flow.$, Itrc. Pl nxifo; 0 sarvsyiw= o _._ --_ EMIMOrrina a� o.k c �a1. nge GRAPHIC SCALE a�.ee r.wmk a� s—.m., ma cwm.,-- Q 0 20 40 80 ` GRAPHIC SCALE FN FEET SHEET TITLE sAw� _ Nr 0 WETLAND IMPACT DETAIL "C" ' �40 07/2s 19 y 1� �1 w�a pia �r�w PROJECT COUP ARDS ON LAV i RS ROAD BTO TOWN OF WAL LNW, WON W, KC. M Aft F )R EPCON COMAM MES YARMOUGH-W[TAUFAM & HnuLE, INC. �p11■,.mixg - s■■y.ranz - �8.rs�rrNe.r rMa char" d.W WP FAW L CUORM MR rdegl.rxwn fit... 4o1GMIMo raLULNW-) 40 0 20 40 80 GRAPHIC SCALE ( IN FEET ) SHEET TITLE SAW_ WETLAND IMPACT DETAIL "D" I"=40. OA707 zs 19 'RQJECT COURTYARDS ON LAWYERS ROAD gTc TOWN OF STAL L NM LUM COti RIC atCKED M AH ey K)R E-POON CO MAUMMS YARBROUGH-WIT-LIAM & Houu6INC.VS ^ Ptysnfn� � Srrv.rin; a,E�a rw.rriM= ok oamf �0 6w — use 76 Gkawts, web Cutbm Sam Ph—Ine. KAlb OUWIAL M134 701,4EUM 704.6W.060E(4x] _ /n� SMT 49 OF 'J +�_QHTS NOW OR. FC_R1l ML-Y' PHfUlP D- R0a9R'1'S-- -- rr�E I7:63'i��=�19_ C G-7�� `` _ - • .. _ - _ - - �� . ' r v - ' 16 Buffer Impact #1 1 I Road crossing I 21,666 sq ft buffer impact 1 1 - 100 feet wide, no mitigation required Buffer Impact #4 106' RIPARVI#l. -- _ �- - Culvert outlet SUFFER .. f { Will require variance 1,454 sq ft buffer impact Mitigation required i o 100' AIPARW! BUFFER — 1 IMPACT YR3 N RIAN t0�'PARIAH • SUFFER {TYP.) r�. r� IMF -ACT ' IN WINNER BVPFER(fYP.) &) , 1 5V INNER��� BUFFER � J r ' Buffer Impact 70 #3 Sewer easement within 50 ft inner buffer 182 sq ft buffer impact 12,064.28 S.F- 50' BUFFER IMPACT -Mitigation required I WIL; IAIN D WOW 13,591.16 5.F. 100' BUFFER IMP Buffer Impact #2 - � �` •^ �� - Sewer easement outside 50 feet inner ROADWAY IMPACT gu�� IMPACT SAW - buffer 50'- 11,531.22 S.F. BUFFE %6 2,508 sq ft buffer impact 100' - 10,017 S.FDETAIL �� 19 30 feet wide, no mitigation required UTILITY IMPACT c' COURTYARDS ON LAWYERS ROAD err tia uo 7a do xw 50' - 533.06 S.F. r0cPcaN s "N 100' - 3,574A6 S.F. w ; rL..ly . Y.rrgM� = 8w lunlK oRi%i1C SC A f nI rser I tt111tiA Y. mUJ r PARCEL A019-321 r-1 - 'COS 92- 7N RIPARIAN SUFFER 1 y Y� 30 9 97 y � ' z 1 J r` 3� s• WDE ASPHALT WALIUNG TRAIL -134 t 38 . \ ,\� Buffer Impact #5 J t Walking trail 10,401 sq ft buffer impact y 6 feet wide, no mitigation required 0 0 13 5 I� - I WALKING TRAIL _ 1. IMPACT WITHIN p ' I ` 7pD'RIPARIAN I ! BUFFER (T IN-) P L,� 9 ' i - I'SW RIPARIAN •� 1 ] BUFFER - _ � �,r " _ • --fir L 11 _ 0 S.F. SO' BUFFER IMPACT ' � - = - - 10,400.84 S.F. 100' SUFFER IMPACT SHETT TITLE BUFFER IMPACT es . DEFAIL �, g oae�r COURTYARDS ON LAWYERS ROAD ers P � BSCOH =R�R0. 001 M co a 30 6D "a Yeamum- T'v__ a tknnjI D6� rr r"' = = GRAPHIC SCALE �w �. [ tx rz^t } Compensatory Mitigation Responsibility Transfer Form Permittee: Epcon Communities, Scott Twiddy Project Name: Courtyards at Lawyers Road Action ID: SAW-2019-00633 County: Union Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 166 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 291 Mitigation Site Debited: (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 8/20/2019 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Bryan Roden -Reynolds USACE Field Office: Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Email: bryan.roden-reynolds@usace.army.mil RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.126 REYNOLDS.BRYAN.KENNETH.]263385574 3385574 Date: 2019.09.16 09:30:08-04'00' 09/16/2019 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil