HomeMy WebLinkAbout20190062 Ver 2_USACE Permit_20200312U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01856 County: Guilford U.S.G.S. Quad: NC-Gibsonville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Burlington Road 140, LLC
Attn: Erin Christmas
Address: PO Box 489
Colfax, NC 27235
Size (acres) --48.4 Nearest Town Burlington
Nearest Waterway Back Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.078993 N,-79.548113 W
Location description: The proiect area is located on the south side of US Highway 70, approximately 0.4 mile west of its
intersection with Springwood Church Road, in Burlington, Guilford County, North Carolina.
Description of projects area and activity: This verification authorizes the temporary discharge of dredged or fill material into 20
linear feet of stream channel. and 0.005 acre of riparian non-riverine wetlands. necessary to install a sewer crossing for the
Verona residential subdivision.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 12. Utility Line Activities
Remarks: See also the Nationwide Permit 29 verification for the Verona residential subdivision dated 5/13/2019.
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 2/20/2020 and the enclosed plans Plan Sheet Nos. W2 and W9. 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.
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, Ext. 30or David.E.Bailey2(&—usace.army.mil.
Date:2020.03.12
Corps Regulatory Official: 09:07:57-04'00' Date: 3/12/2020
Expiration Date of Verification: 03/18/2022
SAW-2018-01856
SPECIAL CONDITIONS
1. Following installation of the authorized sewer crossing, areas of temporary stream and wetland
impact must be restored to pre -construction grade and contour. In wetland areas, the top 6 to 12
inches of the trench must be backfilled with topsoil from the trench. Stream banks and wetland
temporary impact areas must be matted and seeded with native riparian species.
2. Please note that future impacts and/or phases of the Verona development project and related
activities associated with Corps Action ID: SAW-2018-01856 will be considered part of a single and
complete project; these impacts will be considered cumulative with impacts permitted during
earlier phases regarding compensatory mitigation and Nationwide Permit thresholds. Current
cumulative impacts to aquatic resources for this single and complete project include permanent
impacts (loss of waters) to 116 linear feet (0.008 acre) of streams, permanent impacts (not a loss of
waters) to 25 linear feet (0.002 acre) of streams, and permanent impacts (loss of waters) to 0.188
acre of riparian, non-riverine wetlands. This project will also result in the indirect loss of hydrology
to an additional 0.2 acre of riparian non-riverine wetlands. This amounts to a total loss of potential
waters of the US of 116 linear feet and 0.188 acre.
Date: 2020.03.12
09:07:43-04'00'
Corps Regulatory Official:
Expiration Date of Verification: 03/18/2022
Date: 3/12/2020
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:
Perry Isner, Wetlands & Waters, Inc., 328 East Broad St., Suite D, Statesville, NC 28677
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
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SAW-2018-01856
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 10/30/2018. Action ID: SAW-2018-01856.
Basis For Determination: See the Preliminary Jurisdictional Determination form dated 10/30/2018.
Date of JD: 10/30/2018 Expiration Date of JD: Not applicable
Action ID Number: SAW-2018-01856 County: Guilford
Permittee: Burlington Road 140, LLC (Attn: Erin Christmas)
Project Name: Verona subdivision / Eastwood Homes / Ingle Property / Guilford County / residential
Date Verification Issued: 3/12/2020
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