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HomeMy WebLinkAbout20131112 Ver 1_More Info Received_20131025Dennison, Laurie From: Bob Zarzecki <bzarzecki @sandec.com> Sent: Friday, October 25, 2013 4:20 PM To: Smith, Cherri L; Devane, Boyd Cc: Higgins, Karen; Dennison, Laurie Subject: FW: The Shops at Cameron Place, Sanford, NC_PCN Application SAW- 2004 -20283 Attachments: USACE_404 Approval_10.22.201.pdf Cherri & Boyd: Attached is the Corps 404 Approval for your files. Please don't hesitate to let me know if you have any questions in regards to the 401 and SMP review. Boyd: I'm assuming you're going to be the one approving the SMP for this project since it's in Sanford / Lee Co. The project engineer is Johnny Edwards (here in Raleigh). You should have received a complete SMP package with supplemental forms and 0 &M agreements. We held a pre - application office and site meeting with Cherri on this one. They are by- passing off site water, but treating their development via a wet pond. The classification is "C ". Anyway, let me know and /or call if you have any questions. Hope everyone has a great weekend! Cheers! Bob Zarzecki Wetlands Department Manager Soil & Environmental Consultants, PA ---- - - - - -- Forwarded message ---- - - - - -- From: Bob Zarzecki <bzarzecki(�sandec.com> Date: Tue, Oct 15, 2013 at 12:51 PM Subject: The Shops at Cameron Place, Sanford, NC_PCN Application SAW- 2004 -20283 To: "Crumbley, Tyler SAW ( Tyler. Crumbley(a,usace. army. mil) " < Tyler.Crumbleygusace. army. mil >, "cherri.smith2(ncdenr. ov" <cherri.smith(a ncdenr.gov >, "karen.higg_ins2ncdenngov" <karen.higgins(a,ncdenr.gov >, "Dennison, Laurie ( laurie .j.dennison(a,ncdenr.gov)" <laurieJ.dennisongncdenr.gov> Cc: "_bobzarzecki( gmail.com" <bobzarzecki(aDgmail.com> To All Attached is a complete application for The Shops at Cameron Place in Sanford, Lee County, NC. Paper copies will be hand delivered today. Please let me know if you have any questions. Thanks! Bob Zarzecki Wetlands Department Manager Soil & Environmental Consultants, PA We've moved to: North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (9 19) 846 -5900 Office Phone (919) 256 -4517 Direct Line (919) 846 -9467 Fax (919) 270 -2068 Mobile bzarzecki(a-)sandec.com Visit us at SandEC.com! This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review /quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID- 2004-20283 County: Leg USGS Quad: INC-Sant �_ord GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION I f, Property Owner / Authorized Agent: Daniel Brown-, D&N Development. LJLC Address: 2116, Rolling Rock Road Wake Forest NC 27587 Telephone No.: 919-523-9237 Size and location of property (water body, road name/number, town, etc.): The Atom at Canteron Place pro.ject site is located an a wooded parcel Along a UT to located off Sou.th Horner Blvd - _Ggsters,Creek and abutting wetlands, ,(NC 421/87), in the town, of` Sanford ,,,.Lee Conn NC. Coordinates aye: 35.449921...N, -79.135984 W Description of projects area and activity: The proiect consists of development of a retail shoppin center with +/- 155,000 sg.ft of retail buildines, Parking, and asso'ciated infrastructure and stormwater managment BMP&. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number, Nationwide Permit Number. 39 Summary of Authorized Imnnet,-q and Reanirod Nfiflaot;nn Impact I'D # -P/ OP 4 0 en Water Temporary Permanent Wetland _(ac) Temporary Permanent Streajm-�'i - — --- ---- Temporary Permanent 39 49 S2 80 S3 170 W1-Wtl2 39 0.018 W2-wt]2 0.127 ----------- - --- 0.124 1tr4-wt)3 4 0.219 . .... . ... . . . . ....... Irriv act -------- ..'fotals . ..... . Total Loss of Waters of the U.S. (ac) 4 8-8 Required Wetland I Total Loss of Waters of ......... ... �29 9 - the U.& (If) Mit4ation 0.976 ac Required Stream Mitigation (1 299 If Special Condition: I 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. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance, with the attached conditions and your plans submitted on 15 October, 2013. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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 Quality (telephone (919) 733-1786) 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. 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 Tyler Crumbley at 919-846-2564. Corps Regulatory Official T b ey 22 October, 2013 lei Crumi- I Expiration Date of Verification: 18 March, 2017 Determination of Jurisdiction: A. Q Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process( Reference 33 CFR Dart 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 1.0 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. [] The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _; Action ID Basis of Jurisdictional Determination: The site contains wetlands that meet the criteria of the 1987 Corps Delineation Manual and abut stream channels that exhibit indicators of ordinary high water marks. ne stream channel on the property is a UT to Gasters Creek. UT and abutting wetlands flow to Gasters Creek, which flows into the Little River, which flows into the Upper Cape Fear River Basin which is a Section 10 water. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this determination you must submit a completed RFA form to the following address; District Engineer, Wilmington Regulatory Program Attn: Tyler Crumbley, Project .Manager 1 1405 Falls ofNeuse Road Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Isswe Date below. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Issue Date. 22 October, 2013 Expiration Date: 3 October, 2018 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Finnislied: Bob Zarzecki; Soil and Environmental Comultants, PA Permit Number: 2004-20283 Permit Type: NW 39 Name of County', Lee Name of Permittee: Daniel Brown; D&N Development, LLC Date ofIssuance: 22 October, 2013 Project Manager: Tyler Crurribley 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: U.S. Army Corps of Engineers Attention: CI SAW-RG H 405 Falls of Neuse Road Wake Forest, North Carolina 27587 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 has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date YO rs �� i �.a, � . .�S �,,.." �' "1., r 5aa .�, ; u t�':ns • h. m.. "3" ,�i«... „ applicant: Daniel Brown; D &N Development, LLC File Number: 2004 - 20283 Date: 22 October, 2013 _ kttached is: See Section below���� INITIAL PROFFERED PERMIT Standard Permit or Letter of permission)_ A ^� PROFFERED PERMIT Standard Permit or Letter of ennission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY J%JRISDICTIONAL DETERMINATION E )ECTION I. -The I°ollo ing identifies your rights and options regarding an ad inistrattve appeal of the above locision, Addlt oral information may be found at littp://N"vw.usace.army.mil/C.ECW/Pagw/regjnaterials,tAspx or ' rps reg I lions at 33 CFR; Pali 331. V INI'T'IAL, PROFFERED PERMIT: You may accept or abject to the permit. ACCEPT; If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the itandard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, ncluding its terms and conditions, and approved jurisdictional determinations associated with the permit. )BJEcT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit fe modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be eceived by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. pon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your ,oncerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should re issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section A below. 3: PROFFERED PERMI "I. ": You may accept or appeal the permit kCCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final tuthorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the "standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, ncluding its terms and conditions, and approved jurisdictional determinations associated with the permit, kPPEAL: If you choose to decline the proffered permit (Standard. or LOP) because of certain terms and conditions therein, you may ippcal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section ii of this form and sending he form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. PFI2.MIT DENIM..,: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by : ompleting Section II of this form and sending the form to the division engineer. This form must be received by the division engineer vithin 60 days of the date of this notice. 1 APPROVED JURISDICTIONAL DETEI MJNATION: You may accept or appeal the approved JD or provide iew information. NCCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this xotice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL; If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Irocess by completing Section 11. of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding he preliminary JD, The Preliminary JD is not appealable. If you wish, you may request an approved JD (which nay be appealed), by contacting the Corps district for further instruction, Also you may provide new information or further consideration by the Corps to reevaluate the JD, i'E'OON H - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PER MIT SEASONS FOR APPEAL OR OBJECTIONS.' (Describe your reasons for appealing the decision or your objections to an initial )roffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or )bjections are addressed in the administrative record.) WDITIONAL INFORMATION-. The appeal is limited to a review of the administrative record, the Corps memorandum for the record of he appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the idministrative record. Neither the appellant nor the Corps may add new information or analyses to the record, However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS ORINFORWTION: f you have questions regarding this decision and/or the appeal process If you only have questions regarding the appeal process you may ,ou may contact: also contact: ['yler Crurnbley Mitigation Specialist Mr. Jason Steele, Administrative Appeal Review Officer JSACE, Regulatory Division CESAD-PDO ;1405 Falls of Neuse Road U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, NC 27587 60 Forsyth Street, Room I OM 15 )19-846-2564 Atlanta, Georgia 30303 -8801 PhoneA.jO4) 562-5137 UGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to ;onduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site n-vestigation, and will have the opportunity to participate in all site investigations. ... . .................... Date., f'elephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Tyler Crumbley, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to; Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia 30303- 8801 Phone: (404) 562-5137 Wilmington Distric Compensatory Mitigation Resgonsibifty-Transfer Form Pe,mAttee. Daniel Brown; D&N Development, LLC Action ID: Project Name. Shops at Cameron Place /DLPAutomotive County, Lee 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 Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer nfthe mitigation responsibility. Once the Sponsor has signed this form, it is the Permittees responsibility to ensure that tothe Q.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of 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 |n more than one 8'di0it 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 *he. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Pennbtee. Once the form is signed, the Sponsor must update the bank ledger and provide w copy of the signed form and the updated bank ledger to the Pe/mittee, the USA[E 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* 9-cligit HUC and Basin: 03030004, Cape Fear River Basin Stream Impacts (lin ar feet) cool Cold Wetland Impacts (acres) Riparian Riverine Non-Riparian I Coastal 299 0,488 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor, Compensatory MItIgation Requirements: Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) a �rm Cool ri7ni Cold Riparian Rive _.Tp��ian Non-Riverine Non-Riparian Coastal 299 0.976 Mitigation Site Debited: NCEEP (List the name of the bank toba debited. For umbrella banks, also list the specific site. For W[EFR list NCBP If the NCEEP acceptance letter identifies a specific site, also list the specific site tobedeb)ted). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: |, the undersigned, verify that |amauthorized 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 !D number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified aimn*a. Further, | understand that if the Sponsor fails to provide the required compensatory mitigation, the USACEVN|mington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Name mfSpmnswemAuthorized Signature ufSponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 22 October, 2013 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Forml Page 2 ConditionforTransfe,of Compensatory Mitigation Credit: • Once this document has been signed bythe Mitigation Sponsor and the USACEis|nreceipt of the signed form, the Pe*nittee is no longer responsible for providing the mitigation identified in this form, though the Pe/mittee 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 QSACE is in receipt of 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 U6ACE has received this form, confinninQ that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Pennittee, Mitigation Sponsor, and in the U5A[E administrative records for both the permit and the QmnkALF Instrument. It is the Penniitee^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 U5ACE the Sponsor must obtain case-by-case approval from the USA[E Project Manager and/or North Copu}|na Interagency Review Team (N[|RT). If approved, higher mitigation mdms may be 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 8ank/!LFInstrument. Condition This form iynot valid unless signed by the Mitigation Sponsor and USACE Project Manager. Once signed, copies of this form should be provided to the WSACE Project Manager atthe address below and tpthe Wilmington District Mitigation Office, Attn. Todd TugweU, 21405 Falls ofNeunc Road, Wake Forest, NC 27587 (email: bmdd.twgmeN@oaace'wnny.nmH). Questions regarding this form nr any mf the permit conditions may 6e directed to the U6&CE Project Manager below. USACE Pro)ect Manager: TylerOambley USACE Field Office: Raleigh Regulatory Field Office Email: US Army Corps ofEngineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 ( USACE Project Manager Signature October 22, 2013 Date mfSignature 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 wet!on6groupings) is available at Page 2 of 2 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 compiete the Customer Satisfaction Survey located at our website at Ltt2l.Lregulatoa.usacesurve. corr.j to complete the survey online.