The URL can be used to link to this page

Home My WebLink About20200103 Ver 1_USACE Permit_20200317U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00026 County: Guilford U.S.G.S. Quad: NC -Lake Brandt GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Byron Development, LLC Attn: Patrick Donnelly Address: 713 Corporate Center Court Greensboro, NC 27408 Size (acres)—42.12 Nearest Town Greensboro Nearest Waterway UT to Mears Fork Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.218262,-79.818064 Location description: The proiect area is located on the north side of NC Highway 150, approximately 0.4 mile west of its intersection with Sutter Road in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 43 linear feet of stream channel and 0.006 acre of riparian non-riverine wetlands, and the temporary discharge of fill material into 22 linear feet of stream channel, necessary for the installation of access and infrastructure for the Carraway residential development. Applicable Law(s): ❑X 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 1/14/2020, and the enclosed plans Sheets 1 through 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 30 or David.E.Bailev2(&usace.armv.mil. Date: 2020.03.17 06:55:25 Corps Regulatory Official:-04-00- Date: 3/17/2020 Expiration Date of Verification: 03/18/2022 SPECIAL CONDITIONS 1. Following installation of the authorized temporary stream impact, this section of stream channel must be restored to pre -construction grade and contour, and the stream banks seeded with native riparian seed mix. 2. Please note that future impacts and/or phases of the Carraway residential development project and related activities associated with Corps Action ID: SAW-2020-00026 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 total permanent impacts to 43 linear feet of stream channel and 0.006 acre of wetlands. This amounts to a total loss of potential waters of the US of 0.012 acre. Date: 2020.03.17 06:55:12-04'00' Corps Regulatory Official: Expiration Date of Verification: 3/18/2022 Date: 3/17/2020 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 hgp:Hcorpsmapu.usace.army.mil/cm_Mex/f9p=136:4:0. Copy furnished: Spencer Burnett, Pilot Environmental, Inc. P.O. Box 128, Kemersville, NC 27285 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 N.COND NAD03(2011) IMPACT #2 LINDA R. MOON, TRUSTEE D.133478-PG.1144 (TRACT III) IMPACT #1 TRACT 1 ZONED: AG BOBBIE E. PASCHAL Ce r— PARCEL #: 0138259 _ EY ENO" 620 NC 150 WEST w D.B.5458-PG.1612 O LAND USE: AGRI/HORT O ZONED: AGBO PASCHAL PLACE # PARCEL : 0138259 620 NC 150 WEST D.B.5458-PG.1612 pgRR LAND USE: AGRI/HORT 63ZS A ZONED: AG i.,� __ •cn�c"'' _ ® ® /� .�. �� RIGHT OF WAY _ O 0 1 I 1✓J y 4�_ ��"" a ALAN T. WEDMON d f O m BREDMONE '$6 ZONED : AG � n. �a vnuiA�n T. Bp uocK, aR. P \ I anJ souse ]> O W A, ® y V� �) NROCK .;u � D O a 33 _ DGAN B.�810-PG.T.BULL2239 t1l I O O ® k AN AN vUG2 P.B.13. RS-40 l \ I 3 PLADE LLC ZONED: R5-40 / \ LiD BUp Bpe6 o-v— ' LLLJJJ / SHEET 1 OF 3 'I ALAN T. REDMON �° ' �` �) ZONED: R5-30 OVERALL SITE IMPACT MAP oDd Wue I BRENDA E. REDMON =_^Fd /� PLACE FOR D.B.7342-Pcs45 Est - °gUCHANAN ZONED: AG 3, CARRAWAY r� 'To BUp 6 7fi47 PPG iE LLC P.B.190 PG 30 GUILFORD COUNTY ALAN T. REDMON (J ZONED: R5- CENTER GROVE TOWNSHIP - SUMMERFIELD NC Jai a a Wlre BRENDA E.iN, JANUARY 07 2020 W11�r D.13.7402-PG.1029 / (Parcel B) 250 0 125 250 / ZONED: AG x ` r� I 1 inch = 250ft. OWNER /DEVELOPER 4609 Dundas Drive Vans Greensboro, CARRAWAY 7,LLC North Carolina 27407 7B CORPORATE CENTER CT. IIflgineering, Inc, Fax336.854.8876 GREENSBORO, NC 27408— Si— 1974— Phone336.854.8877 336-282-4127 Engineers Surveyors Planners Firm License No.: C-0168 H:\DRAWINGS\HERB PARKS\CARRAWAY\CARRAWAY-Impact Map-01-07-20.DWG / + + + ++ + EXISTING l`� N/ Z / +++�G++++++++++ ++ / WETLAND (TYP) ' / + + +�' + + + yt / / + + 808 / ��Y 11 ++ +++ O �y�p' / xccwn r✓anes(zoff) __ ��,/ f�.. + \\ / !Z Y + ++++j+Fit++ /16 m +++++++%+ / /III}+++++ ++ +�++� +++ a - - - - - I _ - �- ��'E fv 1 INDICATES ZONE I I / a \ I / \ \ \ - - ! m - - �� • BUFFER IMPACTS 0.096 ACRES 60 WETLAND \ oa \ \ IMPACTn i;=: \ / / - ND INDICATES ZONE 2 BUFFER IMPACTS 0.122 ACRES y. INDICATES WETLAND IMPACTS 0.006ACRES \ t; E0P / EX. STREAM \ \ \ \ • 1 }Y'. �':::. Y'ii�e• 4',�,1'.tix,�.j,:�.. / 8 i 0 R / V V / \ \ \ PERMANENT STREAM IMPACT \ \\ \ TOTAL IMPACT = 42.8 �1` e '_' \ p/ `� I / `'' ' r\� / SHEET 2 OF 3 "`_5(0 / IMPACT #1 MAP \ I }2 / / •Q, / / / FOR \ \ \ 7 I w I CARRAWAY GUILFORD COUNTY CENTER GROVE TOWNSHIP - SUMMERFIELD NC JANUARY 07, 2020 40 0 20 40 80 STREAM IMPACTS: ZONE 2 ZONE 1 BUFFERIMPACT BUFFER IMPACT PERMANENT STREAM IMPACT: 42.8 LF BUFFER IMPACTS: 1 inch = 40ft. I ZONE 2 IMPACT = 5,306 SF 4609 Dundas Drive ZONE 1 IMPACT = 4,170 SF OWNER/DEVELOPER ans Greensboro, WETLAND IMPACTS: — North Carolina 27407 ---+- TOTAL WETLAND IMPACTS = 268 SF TOTAL BUFFER IMPACTS = 9,476 SF CARRAWAY 7,LLC 7B CORPORATE CENTER CT. + �ngineerbngy Inc. Fax336.854.8876 Since 074 Phone 336-854.8877 (0.006 AC.) GREENSBORO, NC 27408 1 Engineers Surveyors Planners Firm License No.:C-0168 336-282-4127 H:\DRAWINGS\HERH PARKS\CARRAWAY\CARRAWAY—Impact Map-01-07-20.DWG SEPTIC SYSTEM \ SUPPLY LINE 7 MPORARY STREAM IMPACT TOTAL IMPACT = 21.8 LF i 10' SIDE SETBACK �. STREAM CROSSING TO BE INSTALLED BY \ EXCAVATING UNDERNEATH EXISTING STREAM \ AND THEN INSTALLING PIPE. STREAM THEN TO BE BACKFILLED AND RESTORED TO ORIGINAL CONDITIONS. CONSTRUCTION TO TAKE PLACE BY INSTALLING A COFFER DAM IMMEDIATLY UPSTREAM OF CROSSING. COFFER DAM TO BE REMOVED ONCE LINE IS INSTALLED AND CHANNEL RESTORED. ZONE BUFFER IMPACT ............ SEPTIC SYSTEM SUPPLY LINE i +++++ N. + : � O + + .4+++ + + + +� .. +:�+ .. + + + ++ .j, ++l +++ +++j + ++ + +•� + + STREAM IMPACTS: TEMPORARY BUFFER IMPACTS: TEMPORARY STREAM IMPACT: 21.8 LF ZONE 2 IMPACT = 1,220 SF ZONE 1 IMPACT = 2,299 SF TOTAL BUFFER IMPACTS = 3,519 SF ZONE BUFFERIMPACT ++ + y + f► �./ OT OWNER /DEVELOPER CARRAWAY 7,LLC 7B CORPORATE CENTER CT GREENSBORO, NC 27408 336-282-4127 V NOOND NAD83(201I) / / / INDICATES p. TEMPORARY ZONE 1 BUFFER IMPACTS = 0.053 ACRES INDICATES TEMPORARY ZONE 2 BUFFER IMPACTS = 0.028 ACRES M l l� l l m EX. STREAM EXISTING WETLAND (TYP) +�++ ++++I+++ SHEE130F3 +++�+++ IMPACT #2 MAP FOR CARRAWAY GUILFORD COUNTY CENTER GROVE TOWNSHIP - SUMMERFIELD NC JANUARY 07, 2020 40 0 20 40 90 1 inch = 40ft. 4609 Dundas Drive Vans Greensboro, —_}_ North Carolina 27407 %+ ngineeringy Inc. Fax 336.854.8876 Since 1974 Phone 336-854.8877 1 Engineers Surveyors Planners Firm License No.: C-0168 H:\DRAWINGS\HERB PARKS\CARRAWAY\CARRAWAY—Impact Map-01-07-20.DWG 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 _. Action ID: _. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 3/17/2020. 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.** Date:2020.03.17 Corps Regulatory Official: 06:54:26-04'00' David E. Bailey Date of JD: 3/17/2020 Expiration Date of JD: Not Applicable SAW-2020-00026 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Byron Develo ment LLC (Attn: Patrick Donnell File Number: SAW-2020-00026 I Date: 3/17/2020 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.army.mil/Missions/CivilWorks/Re ug laton ProgramandPermits.asox 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. SAW-2020-00026 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. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT ME 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 1OM15 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 SAW-2020-00026 Action ID Number: SAW-2020-00026 County: Guilford Permittee: Byron Development, LLC (Attn: Patrick Donnelly) Project Name: Carraway Subdivision / 610 NC Highway 150 West / Guilford County / Greensboro NC Date Verification Issued: 3/17/2020 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