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
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Study Area Boundary
Red Dash = Proposed
Impact Locatiions
PROPOSED GRO t
PROTOTYPE: 49.5
WELL CONDITION
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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
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IMPACTED STREAM
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EXISTING WETLANDS
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IMPACTED WETLANDS
PROPOSED RETAINING WALL
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STREAM WIDTH
MAX 4'
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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
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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