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HomeMy WebLinkAbout20220413 Ver 1__20220726 (2)U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02050 County: Johnston U.S.G.S. Quad: NC -Garner GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Craig Davis Properties, Inc. Craig M. Davis Address: 940 NW Cary Parkway Cary, North Carolina 27513 Telephone Number: 919-678-4301 E-mail: infoAcraigdavisproperties.com Size (acres) 75 Nearest Waterway Swift Creek USGS HUC 03020201 Nearest Town Clayton River Basin Neuse Coordinates Latitude:35.625092 Longitude:-78.504436 Location description: The Copper Ridge Proiect (Phase I) is located north of US-70 Bypass, and east of NC 42 in the Town of Clayton, North Carolina. Description of projects area and activity: This verification authorizes the use of Nationwide Permit 39 to construct stream and wetland impacts associated with the proposed Copper District commercial development (also known as Pennv Farms). Specifically, this verification authorizes the permanent loss of 0.38 acre of Wetland W3 for road construction (Impact Wl), including the temporary impact to 0.06 acre for construction (Impact W2). Permanent impacts for roadway construction would also result to 0.03 acre of Wetland Wl (Impact W3). A roadway crossing of Stream Sl would require the permanent loss of 157 linear feet (11' wide, 1,727 square feet/0.039 acre) for culvert installation (Impact Sl), and an additional 122 linear feet for construction access, dewatering, and stream stabilization (Impact S2). No other impacts are proposed. This Proiect is associated with future development plans and all impacts associated with future Phases would be cumulative with those authorized herein. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 39: Commercial and Institutional Projects 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 attached Conditions, your application signed and dated 3/14/2022, supplemental information received 6/23/2022, and 7/14/2022, and the enclosed plans "Figure 6: Permit Drawing Impacts (5 pages)" dated "March 2022". 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. 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. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general 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 (LAMA), 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 Christopher Hopper at (919) 554-4884 (x35)or christopher.d.hopper(a)usace. army.mil. Corps Regulatory Official: Expiration Date of Verific: 3/15/2026 07/25/2022 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/f?p=136:4:0 Copy furnished: Agent: Kimley-Horn Jason Hartshorn Address: 421 Fayetteville Street, Ste 600 Raleigh, North Carolina 27601 Telephone Number: 919-678-4155 E-mail: Jason.Hartshorn(&kimley-horn.com Action ID Number: SAW-2020-02050 County: Johnston Permittee: Craig Davis Properties, Inc., Craig M. Davis Project Name: Copper Ridge Phase I Date Verification Issued: 07/25/2022 Project Manager: Christopher Hopper 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: Christopher Hopper Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or christopher.d.hopper@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 MAX IMPERVIOUS PAR L9T q. LOT■ AREA d,?' L -S1 Impact Site 1:ME - Permanent Wetland Impacts: 0.38 acre Temporary Wetland Impacts: 0.06 acre = = >r r �= ..._J � .e.'•. � - -��� i} t;�`'. ^t-....,�i,. .: .i, `ram``` a~ I _ - .. .... 'F_ ''J-�`;�•,.. f rye• ��'.4;"� Impact Site 2: Permanent BZ2 Impacts: 7,127 sqft Temporary BZ1 Impacts: 4,166 sqft "`•� `�; � � � �+, �' �+per '•� -%- ;;�"':' T��:3 � ._.... ❑ LL OL Ld S1 call "•=• t rW �a A - �iY. -.; .-.....,.. --.-:- �7 ❑ U. i. ..,.. .w............a. - -- - i •. �''.iW r�. .' i' ""'�"�I"w+i: �Y: i'�'�ET"'1 �7 .az v:w:wrr.� v eJ a 7 '� Pond 3 far J S C4.a.. Impact Site 3: Permanent Stream Impacts: 0.039 acre Temporary Stream Impacts: 0.031 acre Permanent BZ1 Impacts: 9,412 sqft Permanent BZ2 Impacts: 9,272 sqft S3 Permanent Wetland Impacts: 0.03 acre S1 Impact Site 4: _ Permanent BZ2 Impacts: 296 sqft Legend Streams Permanent NRB Buffer Zone 2 Impacts 0 450 900 Permanent Stream Impacts Temporary NRB Buffer Zone 1 Impacts I I I Feet Temporary Stream Impacts Ponds NRB Buffer Zone 1 Non -Jurisdictional Pond NRB Buffer Zone 2 Wetlands Limits of Disturbance (Phase 1) Permanent NRB Buffer Zone 1 Impacts Permanent Wetland Impacts r Phase 2 Construction Area C3 Temporary Wetland Impacts Project Study Area Figure 6: Permit Drawing Impacts Overview Map Copper District Project - Phase 1 Ki 1 m i Lp y ))) Ho!p'1 „ ! Clayton, Johnston County, NC March 2022 04 N40 -< I o l pe) 31 40� Linework in CAD for graphic purposes, no disturbance to wetland outside LOD. ROAD CONTOURS SHOWN FOR 1 I ?EFERENCE ONLY. SEE ROADWAY DESIGN PLANS FOR DETAILS i `T BOX PER DETAIL ON C10.1 - � CID RMVVATER DRAINAGE DETAILS ^� Q) $ _"air 1, 01 TRACTOR - ES NO STEEPER 'HAN 3:1 AN F ENVIRONMENTAL IMPAC AT THE END OF PHASE 1. J ZA Legend 0 Streams 03 Permanent NRB Buffer Zone 2 Impacts Permanent Stream Impacts Temporary NRB Buffer Zone 1 Impacts Temporary Stream Impacts Ponds NRB Buffer Zone 1 Non -Jurisdictional Pond NRB Buffer Zone 2 Wetlands G3 Permanent NRB Buffer Zone 1 Impacts Permanent Wetland Impacts C3Temporary Wetland Impacts Kimley>»Horn T_ Acre Impact Site 1: Permanent Wetland Impacts: 0.38 acre Temporary Wetland Impacts: 0.06 acre 19 P 0 60 120 I I I Feet ZLimits of Disturbance Phase 1 861 Phase 2 Construction Area 7 Project Study Area Figure 6.1: Impact Site 1 Map Copper District Project - Phase 1 Clayton, Johnston County, NC March 2022 A E A Impact Site 2: � AQ Permanent BZ2 Impacts: 7,127 sqftA,432 Temporary BZ1 Impacts: 4 166 s ft ~ / P Y p q TOT L T AREA: 1 l 111 1 ,, 8P9, 52 SQ 7 J 6e.19 p 5( WET POND #2 S 11. Q STORK WA tR k L *5, 740OP SQ F� ]� , C ,OL M ASURE ❑ET iLs- EA 2 SOUTH bF �70/ 6/YP S } 1 h • f 1 �� / /it.� t — I 31s 311.38 �T312 1 311 f / / ROAD ONTO' S SHOW REFERENCO ONL SEE RO �9. —309.+ / DESIGN P 3 FOR D _ 3� -p�'S� 4 15 C P P 3 306- — ` INV: 300.9' 1 AL S1 00, 0 60 120 I I I Feet �1� ` Legend ■� -;ir i? Streams Permanent NRB Buffer Zone 1 Impacts Wetlands If j Permanent Stream Impacts C3 Permanent NRB Buffer Zone 2 Impacts Permanent Wetland Impacts ^ Limits of Disturbance (Phase 1) Temporary Stream Impacts Temporary NRB Buffer Zone 1 Impacts Temporary Wetland Impacts - NRB Buffer Zone 1 }� Phase 2 Construction Area Ponds NRB Buffer Zone 2 Non -Jurisdictional Pond Project Study Area Kimley>»Horn Figure 6.2: Impact Site 2 Map Copper District Project - Phase 1 Clayton, Johnston County, NC March 2022 O' JURISDICTIONAL l STREAM BUFFER /-k �g7� r J ROFILES DETAIL) .II �IAUE i ROAD CONTOURS S REFERENCE ONLY. SEE DESIGN PLANS F l00. Q Impact Site 3: Permanent Stream Impacts: 0.039 acre �+ 1 1�+ ! Temporary Stream Impacts: 0.031 acre V A V CON CRE Permanent BZ1 Impacts: 9,412 sqft SEE ROADWAY Permanent Wetland Impacts: :0.0 sgft ■ Permanent Wetland Impacts: 0.03 acre Legend 0 Streams C3 Permanent NRB Buffer Zone 2 Impacts 0 50 100 Feet Permanent Stream Impacts 0,6 Temporary NRB Buffer Zone 1 Impacts Temporary Stream Impacts Ponds NRB Buffer Zone 1 Non -Jurisdictional Pond NRB Buffer Zone 2 Wetlands Permanent NRB Buffer Zone 1 Impacts Permanent Wetland Impacts Temporary Wetland Impacts Kimley>»Horn Limits of Disturbance (Phase 1) Phase 2 Construction Area Project Study Area Figure 6.3: Impact Site 3 Map Copper District Project - Phase 1 Clayton, Johnston County, NC March 2022 7710 .� ill � f y `► - .'mow ! � �_ z � � ._� 4 . 1 �• .� s S CP 5' 71"r" M^M Legend SStreams Cz Permanent NRB Buffer Zone 2 Impacts Permanent Stream Impacts Temporary NRB Buffer Zone 1 Impacts j Temporary Stream Impacts Ponds NRB Buffer Zone 1 Non -Jurisdictional Pond NRB Buffer Zone 2 Wetlands Permanent NRB Buffer Zone 1 Impacts Permanent Wetland Impacts C3Temporary Wetland Impacts Kimley>»Horn ►■ s Impact Site 4: Permanent BZ2 Impacts: 296 sgft 0 50 100 I I I Feet ^i Limits of Disturbance (Phase 1) 1 Phase 2 Construction Area _ Project Study Area 1 Figure 6.4: Impact Site 4 Map Copper District Project - Phase 1 Clayton, Johnston County, NC March 2022 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Craig Davis Properties, Inc., Craig M. Davis Action ID: SAW-2020-02050 Project Name: Copper Ridge Phase I County: Johnston 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether 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 ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the 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: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 157 0.41 *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: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 314 0.82 Mitigation Site Debited: Falling Creek Stream and Wetland Umbrella Mitigation Bank: Falling Creek Mitigation Site (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 Wilmington District, 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 Page 1 of 2 Form Version 10 June 2020_updated CESAW-RG (File Number, SAW-2020-02050) Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Wildlands Holdings III, LLC, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 3/4/2022 was included with the preconstruction notification. This form is not valid unless signed below by the District 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 District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC27587 (or by email to SAWMIT@usace.army.miD. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Christopher Hopper USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: christopher.d.hopper@usace.army.miI 07/25/2022 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.