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HomeMy WebLinkAboutSW3191101_404 Permit_20191223U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-00916 (Cambridge Village) County: Lincoln U.S.G.S. Quad: NC -Lake Norman South GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Jay Priester, Address: 831 E Morehead St. Suite 245 Charlotte, NC, 28202 Telephone Nmnber: 704-333-2393 E-mail: iinncambridgepron.com Size (acres) 30.35 Nearest Town Lowesville Nearest Waterway Forney Creek River Basin Upper Catawba USGS HUC: 03050101, Catawba River Basin Coordinates Latitude: 35.448162 Longitude:-80.993926 Location description: Semi -rural, wooded, mildly sloping, private property with recent history of clear cutting. Perennial stream flows through nronerty. Property is located in an emerging commercial area, and site will be converted to a commercial subdivision. Tax PIN/ID = 4602-64-4144. Description of projects area and activity: This verification authorizes the permanent placement of fill materials into 262 linear feet of nerennial warm -water tributary (Sl/UNT to Fornev Creek) and nermanent nlacement of fill materials into 10,358 square feet (0.238 acre) of 3 headwater wetlands adiacent to tributary Sl. Compensatory mitigation shall occur via in -lieu fee payments at a 1:1 ratio for losses of the subiect tributary and wetlands. The enclosed spreadsheet, entitled "Waters Impact Table for Cambridge Village", depicts the discharges authorized by this verification. Compensatory mitigation shall be provided in accordance with the provisions outlined on the attached Compensatory Mitigation Responsibility Transfer Form. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide/General Permit Number: Nationwide Permit 39. Commercial and Institutional 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 7/20/2016, and the enclosed site plan entitled "Cambridge Village Stream/Wetland Disturbance Plan", sheet 1 of 1, dated 10/10/2016, prepared by Bohler Engineering NC PLLC, and last revised on 11/25/2016 by Jennifer Robertson of Atlas Environmental, Inc.. 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. SAW-2016-00916 (Cambridge Village) (Cambridge Village) 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 Jason Randolph at 704.510.1440 or jason.d.randolph@usace.army.mil. Corps Regulatory Official: Date: 11/30/2016 Expiration Date of Verification: 3/18/2017 Copy furnished: Agent: Atlas Environmental Jennifer Robertson Address: 712 English Tudor Lane Charlotte, NC, 28211 Telephone Number: 704-512-1206 E-mail: irobertsonAatlasenvi.com SAW-2016-00916 (Cambridue Villaue) 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 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. SAW-2016-00916 Waters Impact Table for Cambridge Village Waters Name Cowardin Code Meas Type Amount Units S1 (UNTto Forney Creek) R3UB1 Linear 262 FOOT W1 PSS6 Area 0.002 ACRE W2 PSS6 Area 0.218 ACRE W3 PSS6 Area 0.018 ACRE PSS wetland impacts = 0.238 acre R3 impacts = 262 linear feet SAW-2016-00916 Waters Impact Table for Cambridge Village Waters Type Latitude Longitude RPW 35.448134 -80.994444 RPWWD 35.448015 -80.993481 RPWWD 35.44799 -80.993252 RPWWD 35.44805 -80.992669 ■ i i i i i EX. 50' X 16' MOBILE HOME ®� I 09 ' oN THEODORE D. MORRISON & WIFE DEBORAH D. MORRISON ON DB 583, PG 967 �� do oN� PARCEL# 31001 " STIR LIMITED PARTNERSHIP ON ` DB 1088, PG 663 PARCEL# 345J4 do o i ' i I / � pl I � �pN SALEM UNITED METHODIST r ON I CHURCH DB 1803, PG 382 pN/ PARCEL/ 52655 I I /ON oN I I i � r p i ~ ` I DUKE POWER COMPANY REAL ESTATE DIVISION DB 465, PG 668 PARCEL# 57349 \ f 1 TIDEWATER LLC DB 2555, PG 544 PS H, PG 22 LOT J2 PARCEL# 72069 HIGH I VOLTAGE VSU/55/0N TOWER I WESTLAKE CENTRE CONDOMINIUMS PB 16 CECIL M. DELLINGER JR. & wife DEBORAH L. DELLINGER DB 2236, PG 779 PARCEL# 30400 W2: 0.218 Ac Polygonal Wetland Q W1: 0.002 Ac Linear Wetland PG 258 COMMON S1: 770 If Perennial OPEN SPACE DB Stream 2202, PG 63 PARCEL# 87246 / SOUTHLAKE GROUP LLCI DB 1800, PG 664 PB 13, PG 431 LOT 12 PARCELi 85029 � FFC LIMITED PARTNERSHIP DB 2074, PG 504 PS 10, PG 163 TRACT #1 PARCEL# 73543 NN �F X a CONCRETE SUPPLY COMPANY DB 2421, PG 588 PARCEL# 02352 / / / Study Area Boundary Red Dash = Proposed Impact Locatiions PROPOSED GRO t PROTOTYPE: 49.5 WELL CONDITION 49,532 SF j FFE-785.00 PR JA RE AIL PERENNIAL F STREAM BEGINSF.00 . Y PROP. BYPASS PIPE w a t w s;BRENTWOOD WAY � PROP. FRENCH PROP. LEVEL h DRAIN SPREADER qy�7' i LIMITS OF !� STREAM IMPACTS PROP. BOTTOMLESS CULVERT PERENNIAL STREAM 2� REFER TO CROSS SECTION A A' AND B B' n n �R R\ ATWATER COURT.) 0AS 11 INC. I DB 2213, PG 956 I �j I I 1 I PARCEL# 81608 -- Re ised b J. Robertson on 25 Nov 201 I I II I I W W CAH HOLDINGS LLC I DB 1598, PG 849 II I I PARCEL# 80385 PERENNIAL STREAM w TOTAL STREAM IMPACTS 262 LF I I II I I I — — — — _ t 1JfL a OH _ 0/i p MICHAEL L. KEEVER N.C, HIGHWAY 16 DB 2236, PG 7773 (VARIABLE WIDTH PUBLIC R/W) I I I4j I �� PARCEL# 29680 L.L. KEEVER & 45 MPH a DORIS KEEVER DB 276, PG 611 ' ,l PARCEL# 34514 LUUA UU/ UL/VVLl1', //VL. u I I DB 1895, PG 197 PARCEL/ 80384 II II I I L&S INVESTORS LLC I DB I353, PG 115 PARCELI 80383 I ' 1 TRACT 2 I 1 THA0 HOANG L Y & WIFE HIEN THI NGUYEN I 1 PROPOSED PROPOSED RETAINING WALL HEIGHT: ±16.5'� PROPOSED CULVERT LENGTH: ± 46 LF I LOT I III I PLAT BOOK 11, PAGE 393 DB I353, I II PG 117 I II PARCEL# 80382 I 1.338 ACRES I 411 I ;...I........---- 'D 1 I I I I I / / I I ON / / II II � NATIONAL RETAIL II / PROPERTIES, LP II / DB 1919, PG 64) p , PARCEL/ 34513I II I II 01 WETLANDS DATA SF AC TOTAL WETLANDS 10,358 0.238 AC IMPACTED WETLANDS 10,358 0.238AC TOTAL SITE ACREAGE 30.75 AC 1� LEGEND — — PROPERTY LINE — — EXISTING STREAM �IIII� IMPACTED STREAM 0 EXISTING WETLANDS ® IMPACTED WETLANDS PROPOSED RETAINING WALL HEIGHT: ±16' 46' 1 CROSS SECTION A -A' (NTS) STREAM WIDTH MAX 4' w s Y Zz m o z I� ~ �o OF STREAM I FOOTER TO BED ICI '-FOOTER TO BE DESIGNED 8Y OTHERS I 10, I DESIGNED BY OTHERS 15' BOTTOMLESS CULVERT CROSS SECTION B - B' (NTS) 0 r � 0 RIFFIN BROS, ACQUISITIONS, LLC o DB 1914, PG 53I PARCEL/ 86704 CROSS CENTER ROAD o (60' PUBLIC R/W) I LOT 9PG I R �z m � SEX. SIGN -` 06 9 AREA PPG66 1- — r PROPOSED NCDOT #57 WASHED STONE 12' PROPOSED 4" CORRUGATED PERFORATED HOPE PIPE NON -WOVEN FILTER FABRIC Notes: 1. THE UNDER DRAIN SHALL CONSIST OF A MINIMUM 12" WIDE BY 12" DEEP NCDOT #57 WASHED STONE SECTION FULLY INCASE IN A NON -WOVEN FILTER FABRIC 2. A 4" CORRUGATED PERFORATED HDPE PIPE INSTALLED ON THE FABRIC BEFORE STONE PLACEMENT 3. THE SPECIFICS OF UNDER DRAIN INSTALLATION AND MATERIALS SHOULD BE APPROVED BY CESI PRIOR TO EXCAVATION 4. GEOTECHNICAL REPORT BY CESI " GEOTECHINICAL ENGINEERING EVALUATION PROPOSED GROCERY AND RETAIL SITE HIGHWAY 16 AND NORTH PILOT KNOB ROAD, DENVER, NORTH CAROLINA PROJECT NUMBER 160225.000" PROPOSED FLUME LOCATION � o C� s z a U a � z k > I U Z z>�z J _ P4 W<H=wc7 F w o W a IT P. OZUUXH5 3 ♦ * * * * * oz a a o LU o w a0 z s aaU � (� oz JWm�2 a�� aQiLw =j0 j LU: o � cn w a o m� ♦+*+* a0� o o a a y �oLE a w Q MY cc z _j w w i Q w O LU Q o �a aWWW= Z)zzza w � � o c a� F REVISIONS REV DATE COMMENT BY CALL BEFORE YOU DIG 811 NORTH CAROLINA ITS THE LAW NOT APPROVED FOR CONSTRUCTION PROJECT No.: NCC162006 DRAWN BY: IBG CHECKED BY: BWR DATE: 10/10/16 SCALE: 1 "=100' CAD 1. D. EXO PROJECT: CCAMBRIDGE VILLAGE FOR r� CAMBRIDGE PROPE RTIES LOCATION OF SITE PILOT KNOB RD AND HWY 16 DENVER, INC 28037 LINCOLN COUNTY D � La ]ENGUN EERYPTG NCB F LILC NCBELS P-1132 1927 S. TRYON STREET, SUITE 310 CHARLOTTE, NC 28203 Phone: (980) 272-3400 Fax: (980) 272-3401 NC@BohlerEng.com SHEET TITLE: STREAM/WETLAND DISTURBANCE PLAN SHEET NUMBER: 100 50 25 0 100 1 "= 100' H:\2016\NCC162006\DRAWINGS\EXHIBITS\LIMITS OF DISTURBANCE EXHIBITWCC162006EXO.DWG PRINTED BY: ASCHILLINGER 10.12.16 @ 5:36 PM LAST SAVED BY: ASCHILLINGER Action ID Number: SAW-2016-00916 (Cambridge Village) County: Lincoln Permittee: Cambridge Properties, Mr. Jay Priester, Project Name: Cambridge Village Date Verification Issued: 11/30/2016 Project Manager: Jason Randolph 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: Jason Randolph Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 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 Compensatory Mitigation Responsibility Transfer Form Permittee: Cambridge Properties, Mr. Jay Priester, Action ID: SAW-2016-00916 (Cambridge Village) Project Name: Cambridge Village County: Lincoln 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. Instructionsto 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: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 262 0 0 0.238 1 0 0 0 *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: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 262 0 0 0.238 0 0 1 0 Mitigation Site Debited: NCDMS (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 (email 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 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 Bank/ILF Instrument. Comments/Additional Conditions: A letter, dated 28 June 2016, from NCDMS confirms that they are willing and able to accept the applicant's compensatory mitigation responsibility for this project. This letter from NCDMS was included with the applicant's preconstruction notification. Expiration of acceptance = 28 Dec 2016. 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 maybe directed to the USACE Project Manager below. USACE Project Manager: Jason Randolph USACE Field Office: Asheville Regulatory Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Email: jason.d.randolph@usace.army.mil . 14 1� -4 , USACE Project Manager Signature 11/30/2016 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