Loading...
HomeMy WebLinkAbout20191518 Ver 1_USACE Permit_20200205U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01855 County: Guilford U.S.G.S. Quad: NC -Greensboro GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Keystone Group, Inc. Attn: Scott Wallace Address: 3708 Alliance Drive Greensboro, NC 27407 Size (acres) —30 Nearest Town Greensboro Nearest Waterway Ryan Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.000441,-79.816358 Location description: The proiect area is located at the northern terminus of Carol Avenue, and on the west side of the northern terminus of Sumner Church Road, in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 128 linear feet of stream channel (112 linear feet of which is a loss of stream channel, 16 linear feet is associated with a rip rap dissapator pad) and 0.048 acre of wetlands, and the temporary discharge of fill material into 10 linear feet of stream channel, necessary for the installation of one road crossing for the Avondale residential development. 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 10/14/2019, and updated information submitted via email on 12/17/2019 and 1/15/2020, and the enclosed plans Sheets Cl, C2, 1, 2, and 3. 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 (LAMA), 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 David E. Bailey at (919) 554-4884 X 30or David.E.Bailey2(a,usace.army.mil. 6 Date: 2020.02.05 16:19:24 Corps Regulatory Official:-05-00' Date: 02/05/2020 Expiration Date of Verification: 03/18/2022 SAW-2019-01855 SPECIAL CONDITIONS 1. Please note that this project is considered cumulative with all current and future phases of the Avondale development with respect to compensatory mitigation and Nationwide Permit thresholds. As such, impacts permitted for this project (SAW-2019-01855) are considered cumulative with impacts proposed for future phases. Current cumulative impacts to waters of the US for Avondale single and complete project include permanent impacts to 128 linear feet of stream channel (112 linear feet [0.008 acre] of which is a loss of stream channel) and 0.048 acre of wetlands, or a total of 0.056 acre of waters of the US. Date:2020.02.05 Corps Regulatory Official: 1 6:1 9:11-05'00' Date: 02/05/2020 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.army.mil/cm apex/Pp=136:4:0. Copy furnished: Chuck Truby, CPT Engineering and Surveying, Inc., 4400 Tyning Street, High Point NC 27165 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 REVISIONS EASTERN T.O.B. OF STREAM Pov� w iPB. TO, w. Ord r O UTILITY CORRIDOR WITHIN ZONE BUFFER IMPACT IS CURRENTLY UNDER REVIEW BY THE CITY OF ® GREENSBOR Z' }w a-SWBILaTARNN / uuarPlreccaasuiF y kMTSP1D0]DKtl P SCOD BUFFER CALCULATIONS: AREA REQUIRED: I `(, 3,102' X 50- 155, 100 SF I AREA PROPOSED: 40'X2,116'±=84799 SF I 75' X 986± = 71,828 SF TOTAL = 156,627 SF �\ \ SGM #1 %� SCOD BUFFER NOTE: \\ -Llb THE HOMEOWNERS ASSOCIATION COVENANTS AND �\ / "'S"N'�gp`�9 RESTRICTIONS WILL CONTAIN A SECTION PREVENTING HOMEOWNERS FROM DISTURBING THE SCOD BUFFER �' 7,xq ALL BUILDINGS ON THE SITE MUST BE REVIEWED FOR COMPLIANCE WITH THE SCOD BUFFER REQUIREMENTS / AT THE TIME OF BUILDING PERMIT SUBMITTAL. _ 1 © � m �`4e O � Iarmlor td3761-ARrandmnot to 1A70 ram nq blim reunsy IRS-W to Clgr COa43, city 4110 erLF 00#65. ' I {= 601 Kei 6PMJA*R4 446E Naar 51 w rut cll lh Re. SZD&S2-rfi CrN Aw 8�2268h/oltFermPod. } 'Fardsratla ma.�dawlon by Za ing Camang"nn April 15.2019 Jlppraver byCIN C ..Il Mw21. 20MR. LR�anln�'I#tgwi�i - _ _I 1 from P16e CO•R•5 1-37 Arr#y # F". Drlginsil Zoning Request - limmGvufrtyR5-M 4vCity CD-R-i 29.119 kcFan 11 dw 1. U9a5 IEnitra to o rmKm3um oP a unRlwtnffuiy. nfflp. - wlart M � O START POINT OF STREAM FIELD LOCATED (& e (D 0 O � / 0 T, r Q* 90S•02'19'D- / \ 4W2OWRMOLe4MRDAO '— `�\ IE VWRREN vraai ND• 0~Pw oOroR M/ 7�BO69P L---------- Da.7w ..P6.z69 ZOM6. im w (caw) I I I I ex e• TRII=,JB I � I LEGEND L �. PONMw -------- LOT INFORMAIIO_N: a � —0 ..... oosTms IRDN vlve ..... WEN IRON ROD O !=CAROL AVE. \ \, O 0 ..... OOFAVIED PoINT .KY�N NAIn" HAMS ESTATE FARM W, 01425M CRNTERLIr! Fu 1051 4 ..... P" ..... PROPHt1Y LR! La*6 DD. Wqt K6. M '\ PD. K R6. 91 Rm ..... oP Rs90 k0m) FL ..... FAG! OF aW NOTE: \ '[ POE ..... PRIVATE DRAn1ASE EA9D•81T ALL FOINT5 WM ARE COMMIT® FONTS, I VL ..... Mrwm' EABmlT IMMS 011EINSE NDIW NAE...... OL Nff"TN/E ACG�9 E19@CR ORAWM EA9 i emre n Meet oan mamamo e m > 9D.T. ..... 9191IT pEL 9TAW& TRIANE OMAIL.....ORAMA62 MAIMHyNC{lmL IISye GPSDbeenedore utll611N McNMh Camllre Gaadatic5urnryh NkrARTK d aMarela%IenwdbNa NAD63(NSRS21111)MMM.GM NOR...... Wm C1ARt PAP aaren w perbmed an Nmembv 16, 2G1& / L I rx O/� SCOD BUFFER NOTE: / ALL BUILDINGS ON THE SITE MUST BE REVIEWED FOR COMPLIANCE WITH THE SCOD BUFFER REQUIREMENTS / AT THE TIME OF BUILDING PERMIT SUBMITTAL. SUMNER / I I I wmc ` hio/Jim sA� stir {��a..alt aa,aH � r �i ,911Pf7tZ.21fLTm BECrJ)BM Data � 67 T F O F.6 R F STIEET SECTIaN 25' FACE T4 FACE 60i `•�`` SGM #2 I \r -.3Alt 94s LTp / O O e 0 o it SRAPHIO SOALE 100 0 50 100 200 400 ( IN FEET ) I Inch = 100 Pt. P LEGEND: ,CA/�9 v�TLAND AREA, _ SEAL S c, : 14984 TOTAL NET -AND AREA ON SITE, 3.16 AOs 9 ' ENc uEEC`+ OWNERIDEVELOPER 3m NLVICEMiME �aNEeOW NCVN .0xa: R361&SaIN ax)3m133e aaell: svulr�EOGxere,GxE.caM ENGINEER: CPr BaINMMNGaaMV W,,ING M MINGa1NEET MONE:(3WM3-0NNtl3M -(99NM38TM —CHIMMMCPIENOINEEMNG.COM -Alt Ad (L I/p/w D: OVERALL SITE PLAN SOALE: " = 100' DATE: I2/Ib/19 PROJEOT: 1405-1-7 DRAWN BY: TGL, MV SHEET c ',S. API / —A\— / ta ,y Qp. �$" 8 • / , ` H \Ci / \`\gip" � \ ` ;y aL FA Lel STREAM BUFFER IMPACTS ARE CURRENTLY UNDER REVIEW BY THE CITY OF GREENSBORO \ f \ r— f I 1 \ iMiaM e \ \ I Ilk NNI two gp� a \ Ilk ec� --fit\ \/,� \�'$\� \` �� Q \ —, ' , 'H• \ \ ` \ ''tb \\\\\ \`•//'��`�__—--\\ \�� % it 4r ' `n"�' /� '". y/ \�\ \ \\ \\ \\ \\\\ 4pp'st�/ F \ \ `\ \ I 1Lobo % j I\^ ^\\\ / If \\` % \\ GIEwpw i P/—�� \� vp\ ` ��— \ \ I er Ta5KBOttx L % 1 \ - 55 LEbEND -I---I_az _L_ — j eeo ..... exrr,Mb DmM nao LOT INFORMAIlL2N: \`\`+ �= j —1--- 1 97 .....OG$TM6IRONPIPE '.S719U7E0tAVE `',�\ "Y —\, <\ I\ ��y�RCHIL SUfbtNER / ^ j -•1 I � \ MD 7 ..... MEN re IaIw O JOSEPH Mn" HAMS ESTATE ^\\y`—\�_\\` \t^�—� � '•\4 53) 4 F Qc ..... C44ViEDE NT PR1BO, 01421 DA —\\ ` \y 3 — e ..... PROEERIY Kt RS. 91�� \ �'� I r'1 i/•• \" _ r+n. ..... MOW-0 4AY zaua. IS-30 jr4MY) '� •\\ d 1.i �.- `D �- GRAPHIC 5GALE - PCE VL P M rI ..... PwvATE PRAIMAfiE EASEMENT ..... I/fLLMY FA5E381T NOTE. ALL POINTS ROMMEE AIT LONfl1i®POINfS, LN_EYi OTIH875E NDTED. \\ \ O /sq �F I ( 100 \— 0 50 100 200 400 NAJE...... D.E. ISbATNE ACGGA EN�B-1F3tI PASB4BLT re u erepnxaretq. i i ..... IN&ITvlt.fS Gp30b..tre mWltdgtln N.MCOrd Gaatl S. N—w UK 6D.T...... 9161R pIST 4AN TRINKLE ^g✓% i D.NUL.... MAMIEMNY.E VIILJTT Er\5@E3lT mdam Whomm NADEG(NSHS21H1)OANM. GM "1 \I I (IN FEET) NGR MEMA6E ..... WEB LINNt tsAw abaenaAm NNereeA an Nmember 70.2G18. N I inch = 100 Pt. 3 NIZ — OWNERIDEVELOPER: �— IEYGTGIE CAWP, INC G YE IDMIIOW N aEwseoxo.xcnaF ca+ncr:somwNm�H Px�oxE:ygMeant I Nagmizc �I: sru,.a®oars*axe.ca., ENGINEER: I-INGINEEMNGDDMY W,,- MWIYNINGGiDEEI HKtlIPgNI,14— COMPLY: fHSXTN mP.E MONE (33a P-0DMtl3M FPX Pa.)GIt8M0 —C-101 PIEMGINEE11,14 A REVISIONS -4Or' SEAL 14984 L 0— Z K t" 1` > 14 irr, OVERALL GRADING PLAT 5GALE: I" = 100' DATE: 12/16/111 PROJECT: 1405-1-7 DRAWN 9Y: TGL, MV SHEET C:2 q&6 — on GOD 00 qq HTL qq SOP —'or i UPSTREAM TEMPORARY SANDBAG COFFERDAM FOR WORK AREA DEWATERING. 5 LF IMPACT (STREAM LENGTH) \ \ 1128 LF I \ I PUMP SHALL BE MANNED AND \ MAINTAINED AT ALL TIMES DURING o� \ \ \ \ \ WORK PERIOD. \ ` O \ '422'1\5H0 TOJ III\\ I FAe" �J��}-moo �\\\\ \ ` ——�\o GtT),-" Ing 1 M PACT AREA LAT 36.0006200 LONG-79.8147530 STREAM BUFFER IMPACTS ARE CURRENTLY UNDER REVIEW BY THE CITY OF GREENSBORO 'jv 5w - EXISTING GONTOURS ®5' INTERVALS —lW — — EXI5TMG GONTOURS , 10' INTERVAL5 750 PROPOSED CONTOUR -vvwwwr EXI5TIN6 TREELINE EXI5TING GA- 5TREAM \ �NETLAND AREA ( TOTAL NETLAND AREA ON 51TE: 3.7 AGt ) 5TORM PIPE RIP -RAP ONESSEEMENEW STREAM IMPAGT NTETLAND IMPAGT �\A ��IIIIIIIITT/// ,.o.•�. = Q-�OFESSIO,L9< SEAL n 14984 /9. ENGINEER �, 12 6/IJ 30 0 15 30 1 inch = 30 ft. REVISIONS SCALE: 1"=30' DATE: 12/16/1-1 PROJECT: 1405-16 DRAWN BY: 51-EET 7 J -" �vlaoHs z 1 LENp E b40 FINISHED 6RA E SIT o ` IL RD SR III TEMP. 5ANDBA6 3325 COFFER DAM TEMP. 5ANDBA6 COFFER DAM VICINITY MAP Z ry N.T.5. � 830 GENERAL SEQUENCE: 1. CONSTRUCT TEMPORARY CONSTRUCTIONmm ENTRANCE/STREAM CROSSING. 2 r: u 2. STOCKPILE GRAVEL (IF PRESENT) FOR USE ASQ a^ STREAM BOTTOM RESTORATION MATERIAL. 3. CONSTRUCT TEMPORARY COFFER DAMS. FLOW _]3 4. PROVIDE ADEQUATE PUMP(S) TO DEWATER WORK 36" RGP AREA. DO NOT REDUCE OR HALT STREAM BASE FLOW. — DISCHARGE PUMP EFFLUENT INTO SILT BAG. DISCHARGE SILT BAG BEHIND SILT FENCE AT SILT FENCE OUTLET. 5. INSTALL THE 36" I.D. CULVERT PIPE & _/— — — — — — — — — FLARED -END -SECTIONS. — 6. PROVIDE CONSOLIDATED AGGREGATE BACKFILL PER 0 CITY OF GREENSBORO STANDARDS. A LICENSED NC o GEOTECHNICAL ENGINEER AND THE CITY OF 01 S20 GREENSBORO INSPECTIONS DEPARTMENT SHALL z wZ APPROVE BACKFILL PRIOR TO PLACING ROADWAY BASE o EX. STREAM BED RIP -RAP APRON IMBED COURSE. 7. PROVIDE ANY REQUIRED SOIL BACKFILL IN SHORT, 0It Q INTO EX. STREAM ED) WELL COMPACTED LIFTS. TEST FOR PROPER H A 10 COMPACTION, CONSULT GEOTECHNICAL ENGINEER. Z 8. SEED UPLAND AREAS AS SOON AS GRADING ALLOWS. c SEE EROSION CONTROL PLAN FOR SEEDING SCHEDULEvk REQUIREMENTS. 'a LL °z ° a_ 3 \ N cV k C N H \�11111111111�� // '\'CN CA/yO LL N � DATUM ELEV p� oFEss�o �/2' o LL 810.00 N SEAL oc� o O O m u> O 16 O 1,9 C) = 14984 = = n N dJ N dJ N N cp N dJ N dJ • FN %'9. G IN EEC `\ 20 0 10 20 T 9GALEAS SHOWN DATES1 0+00 M PACT AREA 0+50 1+00 2 PRO.EGT1403-Ib I 19 LAT 36.0006200 1 inch = 20 ft. (H) DRAM BY, TL LONG-79.8147530 1 inch = 2 ft. (V) r..;72__ Y a INSTALL THE PERMANENT GULVERT GRO55INC75: The culverts are to be window of storm events and be low the fill area, pipe. Gore will be taker stream banks and bed 1 areas subject to flowinc Upon completion of crop properly. Remove any it installed in the dry within a 2 to 3 day Sediment fencing shall be installed above wrapping the fencing around the ends of the i to keep clearing and excavation of the .o o minimum. 5toblilize all distrubed 3 water with rip rap below the stream bed. ,sing, fill, compact, and sterilize the slopes I stream sediment control measures. IF NOT ABLE TO IN5TALL GROSSING IN THE DRY: Then they must be installed with the use of Goffer/Sand bag Dams. The dams will be installed above and below the culvert installations. Pumps will be used to install culvert in the dry and divert stream through and away from the crossing installation. 5ilt fencing Hill be used parallel to the crossing to prevent down stream impacts. The installation of culvert will not proceed until the flow has been diverted. Upon completion of the culvert, divert flow to the permanent culvert, install sediment fencing above the inlets and outlet, install outlet protection, fill, compact and stabilize any part of the stream that is unstable appropriately. The temporary coffer dams shall remain intact and functioning until the all the stream work/stobilizotions has been completed. After the stream is stobi I ized and flow has been diverted then fill can be brought up and other utilities and headwalls installed. Gheck and reinstall any silt fencing than needs to be repaired on o regular basis during construction. Mat the slopes above the top of bank with erosion control matting as soon as permanent grade has been established if grass can not be estoblised. The culvert construction, in order to divert the flow from temporary coffer dams to the permanent pipes should be completed within two weeks. Any material that needs to be stockpiled near the stream banks will be protect by silt fencing and shall remain no more than I week. If stockpile is required for longer lengths of time it shall be moved above the temporary sediment basins that are planned for the site and that will be installed before the culvert installation. Sand bag dams will be removed within 2 days after the culvert has been stobi I ized. (N.CA&O ///, ��•'GFESSIo� SEAL n 14984 151 9 FNGINEE�.'�, S Tp- 1?-/0 9GALEAS SHOWN DATES 12/I6/19 PROJECT- 1405-16 DRAYN BYe *er:T 3 Action ID Number: SAW-2019-01855 County: Guilford Permittee: Keystone Group, Inc. (Attn: Scott Wallace) Project Name: Avondale / Keystone Group / Carol Avenue / Greensboro / Guilford County / residential Date Verification Issued: 02/05/2020 Project Manager: David E. Bailey 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: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@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 Determination of Jurisdiction: A. ® There are waters, including wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and 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. C. ❑ There are waters, including wetlands within the above described project area that are 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 DATE. Action ID: FILE NUMBER. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 02/05/2020. Remarks: None. E. 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. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 by Not applicable. **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: Date: 2020.02.05 16:18:17-05'00' David E. Bailey Date of JD: 02/05/2020 Expiration Date of JD: Not applicable SAW-2019-01855 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Keystone Group,, Inc. (Attn: Scott Wallace) File Number: SAW-2019-01855 Date: 02/05/2020 Attached is: See Section below PROFFERED PERMIT Standard Permit or Letter of ermission A RED PERMIT Standard Permit or Letter of ermission B DENIAL LAPPROVED C JURISDICTIONAL DETERMINATION D INARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.q=.mil/Missions/CivilWorks/Re ugulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object 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 Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received 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. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal 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 Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II 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. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II 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. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: 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 notice, 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 Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SAW-2019-01855 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative 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 OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: David E. Bailey CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 2/5/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Michael Brame, Pilot Environmental, Inc. Post Office Box 128, Kernersville, North Carolina 27285 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Carol Avenue, SAW-2019-01855 SAW-2019-01855 (Keystone Group / Carol Avenue / Greensboro / Guilford County / residential) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located north of Carol Avenue in Greensboro, Guilford County, NC. The site contains wooded land. The site is proposed for residential development. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Guilford City: Greensboro Center coordinates of site (lat/long in degree decimal format): Lat.: 36.000155' Long.:-79.813631' Universal Transverse Mercator: WGS 84 Name of nearest waterbody: Ryan Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑x Field Determination. Date(s): 10/23/2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude (decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources (i.e., which the aquatic resource review area (acreage wetland vs. non- "may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404 SA 35.9995830 -79.8100060 345 linear feet Non -wetland 404 water (intermittent stream) SB 36.0002330 -79.8104130 790 linear feet Non -wetland 404 water (perennial stream) SD 36.0005730 -79.8163320 390 linear feet Non -wetland 404 water (perennial stream) SE 36.0007930 -79.8180870 245 linear feet Non -wetland 404 water (perennial stream) WA 1-11/ 35.9999330 -79.8094000 2.77 acres Wetland - PFO 404 WAA 1-5 WD 1-8 36.0004730 -79.8162580 0.11 acres Wetland - PFO 404 WD 9-14 36.0007730 -79.8167770 0.067 acres Wetland - PFO 404 WE 1-7 36.0008630 -79.8179380 0.37 acres Wetland - PFO 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ©Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Aerial, soils, and topo maps (PEI) ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑x Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ❑Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data. ❑USGS 8 and 12 digit HUC maps. ®U.S. Geological Survey map(s). Cite scale & quad name: Drawing 1/1"=2000'/Greensboro (1997) and Pleasant Garden (1970) ®Natural Resources Conservation Service Soil Survey. Citation: Drawing 2 (Web Soil Map) & Drawing 2A (Published Soil Map) ®National wetlands inventory map(s). Cite name: Drawing 3/NWI Map ❑State/local wetland inventory map(s): ®FEMA/FIRM maps: Drawing 4/FEMA FIRM ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ®Aerial (Name & Date): Drawing 5/Wetland Map or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ®Other information (please specify): LiDAR (NC Floodmaps) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Date: 2020.02.05 15:25:24-05'00' Signature and date of Regulatory staff member completing PJD -7 f September 26, 2019 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.