HomeMy WebLinkAbout20200253 Ver 1_USACE Permit_20200529U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00524 County: Wake U.S.G.S. Quad: NC -Garner
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mattamv Homes
Attn: Robert Bailev
Address: 1210 Trinitv Road, Suite 102
Carv, NC 27513
Size (acres)—189.34 Nearest Town Garner
Nearest Waterway UT to Swift Creek River Basin Neuse
USGS HUC 03020201 Coordinates 35.653238,-78.599068
Location description: The proiect area is located on the south side of New Bethel Church Road, approximately 0.15 mile west of
its intersection with Clifford Road, at 1520 New Bethel Church Road, in Garner, Wake Countv, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 61 linear feet
of stream channel (all a loss of waters of the US) and 0.16 acre of riparian non-riverine wetlands, and the temporary discharge
of fill material into 48 linear feet of stream channel and 0.02 acre of riparian non-riverine wetlands (including the permanent
conversion from forested to herbaceous wetlands), necessary for the installation access and infrastructure for phases 1-3 of the
Magnolia Walk/Magnolia Park residential subdivision, including one road crossing, one greenwav crossing, and one sewer line
crossing.
Applicable Law(s): N 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 2/14/2020, and revised information sent via email on 5/1/2020 and 5/27/2020, and
the enclosed plans "Figure 3: Preliminary Jurisdictional Waters of the U.S. Impacts Mad' Sheets 1 through 5, "Culvert Crossing
Exhibit" (3 sheets), and "Sanitary Sewer Outfall Plan & Profile — Sheet 1 of 4." 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. Bailev at (919) 554-4884 X 30 or David.E.Bailev2(dusace.armv.mil.
Date: 2020.05.29 14:17:41
61-
Corps Regulatory Official:-04'00' Date: 05/29/2020
Expiration Date of Verification: 03/18/2022
SAW-2019-00524
SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of 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
2. The authorized temporary wetland impact area (Impact 3) must be restored to pre -impact grade
and contour following construction and seeded with a riparian on wetland seed mix appropriate for
the piedmont of North Carolina.
3. Please note that this project is considered cumulative with all current and future phases of the
Magnolia Walk/Magnolia Park development with respect to compensatory mitigation and
Nationwide Permit thresholds. As such, impacts permitted for this project (SAW-2019-00524) are
considered cumulative with impacts proposed for any future phases. Current cumulative impacts
to waters of the US for the Magnolia Walk/Magnolia Park single and complete project include a
total loss of 61 linear feet (0.0014 acre) of stream channel and 0.16 acre of wetlands, or a total of
0.1614 acre of waters of the US.
Date:2020.05.29
Corps Regulatory Official: 14:1 7:27-04'00' Date: 05/29/2020
� g n'
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 hlW:Hcop2smUu.usace.aM.mil/cm_Uex/Vp=136:4:0.
Copy furnished:
Lauren Norris -Heflin, Timmons Group, 5410 Trinity Road, Raleigh, NC 27607
Stephanie Goss, NCDEQ-NCDWR, 1617 Mail Service Center, Raleigh, NC 27699-1617
Compensatory Mitigation Responsibility Transfer Form
Permittee: Mattamy Homes, Attn: Robert Bailey Action ID: SAW-2019-00524
Project Name: Magnolia Walk / 1520 New Bethel Church Road / Mattamy Homes / Garner / Wake County / residential County: Wake
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: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.18
*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: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.34
Mitigation Site Debited: Restoration Systems - Pancho Mitigation Bank
(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
(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 from Restoration Systems, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 2/14/2020 was included with the preconstruction notification.
• The wetland credits required correspond to 0.16 acre of impacts at 2:1 and 0.02 acre of impacts at 1:1.
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: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David. E. Bailey2@usace.army.mil
Date: 2020.05.29
14:17:13-04'00'
USACE Project Manager Signature
05/29/2020
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