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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