HomeMy WebLinkAbout20052070 Ver 4_404 Permit_20200731U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200520460 and 200620187 County: Wake USGS Quad: Zebulon
EC€IVY
MAR 15 2006
Soil 6lnvimimental Consultants. PA
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Michael Whitehead
Address: MacGreLior Development
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
Telephone No.: 919-465-3312
Size and location of property (water body, road name/number, town, etc.): The project site is located on both sides of
Pippin Road approximatelv 1500 feet east of the intersection with Highway 96 in Wake County NC The project
is identified as Weavers Pond Subdivision
Description of projects area and activity: This permit authorizes 0.23-acre permanent wetland impact (0.098 with
NWP 39 and 0.132 with NWP 12) 0.264-acre temporary wetland impact (NWP 12) 0 009-acre permanent
impact to an intermittent/unimportant stream (NWP 39)and 95 LF of temporary impact to a perennial stream
(NWP 12) associated with the construction of a residential subdivision Mitigation at a 2.1 ratio is required for
the 0.23-acre permanent impacts to wetlands.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12 and 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. 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 new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
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 Quality (telephone (919) 733-1786) 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 Monte Matthews at (919) 876-8441 x30.
Permit Condition: In order to compensate for impacts to 0.23 acres of wetlands the permittee shall make payment to
the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to
perform the restoration of 0.46 acres of riparian wetlands in the Neuse River Basin, Cataloging Unit 03 02020 1.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the
NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written
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confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States"
lx�
Corps Regulatory Official Monte Matthews cDate: March 13, 2006
Expiration Date of Verification: March 18, 2007
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Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process ( Reference 33 CFR Part 331).
❑ 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 and Section 404 of the Clean Water Act. 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.
® There are waters of the US and/or wetlands within the above described project area 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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and are adiacent to an UT to Beaverdam Creek The property also contains
stream channels that exhibit an Ordinary High Water Mark as indicated by changes in soil character and
absence or terrestrial vegetation and are hydrologically connected to Beaverdam Creek in the Neuse River Basin
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional 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 South Atlantic Division, Division Office at the
Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
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 May 13, 2006.
**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: _Monte Matthews
Date March 13, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Soil and Environmental Consultants, PA Attn: Aaron Cooper
11010 Raven Ridge Road, Raleigh, NC 27614