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20200970 Ver 1_USACE Permit_20200929
U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01893 County: Guilford U.S.G.S. Quad: NC -Lake Brandt GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Clayton Properties Group, Inc. Attn: Brian Shugart Address: 221 Jonestown Road Winston-Salem, NC 27104 Size (acres) —92.5 Nearest Town Greensboro Nearest Waterway UT to Reedv For River Basin Cape Fear USGS HUC 03030002 Coordinates 36.2054,-79.7807 Location description: The project area is located on the east side of Church Street, approximately 0.1 mile north of its intersection with Prima Drive, in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 112 linear feet of stream channel (76 linear feet are considered a loss of waters of the US from culvert fill) and 0.21 acre of riparian non- riverine wetlands, and the temporary discharge of fill material into 10 linear feet of stream channel, necessary for the installation of access and infrastructure (one road crossing) for the Cadence residential development. Applicable Law(s): © 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 7/27/2020, and additional information received via email on 9/1/2020 and 9/17/2020, and the enclosed plans "Overall Plan Cadence Drive Stream Crossing Cadence Subdivision", "Plan View Cadence Drive Stream Crossing Cadence Subdivision", and "Profile View Cadence Drive Stream Crossing Cadence Subdivision." 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: 2020.09.29 15:13:54 Corps Regulatory Official:-04'00' Date: 09/29/2020 Expiration Date of Verification: 03/18/2022 SAW-2019-01893 SPECIAL CONDITIONS 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. Please note that future impacts and/or phases of the Cadence residential development and related activities associated with Corps Action ID: SAW-2019-01893 may be considered part of a single and complete project; these impacts may be considered cumulative with impacts permitted during earlier phases with respect to compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts to aquatic resources for this single and complete project include permanent impacts to 112 linear feet (0.018 acre) of stream channel and 0.21 acre of riparian non- riverine wetlands, of which 76 linear feet and 0.222 acre are considered a permanent loss of waters of the US. /� Date: 2020.09.29 Corps Regulatory Official. 15:13:34-04'00' Date: 09/29/2020 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 http://corpsmapu.usace.army.mil/cm_abex/f?p=136:4:0. Copy furnished: Michael Brame, Pilot Environmental, Inc., PO Box 128, Kernersville, NC 27285 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Clayton Properties Group, Inc. (Attn: Brian Shugart) Action ID: SAW-2019-01893 Project Name: Cadence / 5680 North Church Street / Greensboro / Guilford County / residential County: Guilford 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. Instructions to 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: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.21 *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: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.42 Mitigation Site Debited: NCDMS (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 Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 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 NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 7/27/2020 was included with the preconstruction notification. 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, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be 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: 2020.09.29 15:13:19-04'00' September 29, 2020 USACE Project Manager Signature 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. Page 2 of 2 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 our website at http://regulatory.usacesurvey.com/ to complete the survey online. k FLAG NUMBERS/INFO WETLAND FLAGS = LS1 TREAM FLAGS = ream Flags = 4 etland Flags = 79 Total Flags = 83 't�Fa Drawing 5 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 400' Date: 10.25.19 WA 1-30/ 55-79 Site Boundary Perennial Stream Wetlands sA 1-s Flag Number DP-1 O Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THE USACE HAS DECLINED A FIELD VERIFICATION OF THE DELINEATION AND INDICATED THAT A JD WILL BE ISSUED BASED ON A DESKTOP REVIEW. THE LOCATIONS OF FEATURES HAVE NOT BEEN SURVEYED OR GEOLOCATED. Wetland Map Approximate 92.5-Acre Tract p p 5680 North Church Street PIL111' M Greensboro, Guilford County, NC PILDT ENVIR0NMEHTAL,IWL Pilot Project5177 x N O x EXISTING WATERFALL FEATURE %�� — )l\ \ ��/ice/ — _ _ _ \�—\ ���� �_ 1 I I►IIIII \\\\�1 � /I I �� �/�� �� \ � \\\ \\ \ � � II IIII I 1 //((l `1\\ �// l��� \ 11 I \ l \—� / \ IIII \ll11\� 1 \ i ill 1 I I I I'll, III 1\ 1� I/ (II I111 ► ` \\``�� \\\,\.I i //r \ \ \ ��� ���`\\�\� �.�\\�\�/l� _ a I I I I I IIII I kill \A\ �\\ \\\\ M II' i � _ � 1` � \��'� 1\\\\ � ���•;/� `'! �� � \\� \�== I'll \ I i4@ \ I -J \\\ /r kk TRACT 15 IN AN "AREA OF MINIMAL FLOOD HAZARD, ZONE X" PER FEMA MAP FIRM MAP 3-710786ci00J, EFF. DATE: 6/15/200-7. AND FEMA MAP FIRM MAP 3710787ci00J, EFF. DATE: 6/0/2007. PROPOSED GADENGE DRIVE STREAM GROSS I NC OF CALL NC ONE CALL BEFORE YOU DIG STOP DIAL 811 or W632-4949 11%,AVOID UTIl1TY DAMAGE® SEE GADENGE DRIVE PLAN AND PROFILE VIEWS FOR LOCATIONS OF WETLANDS, FLOOD ZONES, AND BUFFERS, ����•,�N CAR pz =per ��FESS/p�9 y';' e SEAL 10727 °'A,�, FNci NEE �° c oil JUL 6, 2 20 AUGUST 26, 2020 SEPTEMBER 15, 2020 OVERALL PLAN GADENGE DRIVE STREAM GROSSI NO CADENCE SUED I V I S I ON 5680 CHURCH STREET CENTER GROVE TWP., OUILFORD CO. NORTH CAROLINA SCALE: I =500 DATE: DULY 6, 2020 O 150 500 600 HUGH CREED ASSOCIATES, INC., P.A. CONSULTING ENGINEERS & LAND SURVEYORS P.O. BOX 9623 PHONE: 336 275-9826 1306 W. WENDOVER AVE. OR 336 275-8084 GREENSBORO, N.C. 27408 FIRM LICENSE #C-0551 SHEET I OF 55 E-MAIL: HCA®HUGHCREEDASSOCIATES.COM x WETLANDS WETLAND IMPACT 0.21 ACRES BUFFER IMPACT ZONE I = 5,ci61 50. FT. BUFFER I MPAGT ZONE 2 = 2,a84 50. FT. STREAM I MPAGT -76 LF GULVERT IMPACT j 36 LF RIP -RAP I MPAGT 112 LF TOTAL IMPACT tz �1 °0N CAROB �p Q��FESS/p�9 SEAL 10727 = FNGI NEE JULt 6, 2 20 AUGUST 26, 2020 SEPTEMBER 15, 2020 7yt \ \ '� 72 w� w � STREAM GROSS 1 NO FLAN VIEW SCALE: 1 "=40' OF CALL NC ONE CALL BEFORE YOU DIG STOP DIAL 811 or 800-632-4949 ®AVOID UT WY DAMAGEI PLAN VIEW GADENGE DRIVE STREAM GROSSI NO CADENCE SUED 1 \/1 S I ON 5680 CHURCH STREET CENTER GROVE TWP., OU I LFORD CO. NORTH CAROLINA SCALE: I"=40' DATE: JULY 6, 2020 HUGH CREED ASSOCIATES, INC., P.A. CONSULTING ENGINEERS & LAND SURVEYORS P.O. BOX 9623 PHONE: 336 275-9826 1306 W. WENDOVER AVE. OR 336 275-8084 SHEET 2 OF 3 GREENSBORO, N.C. 27408 FIRM LICENSE #C-0551 E-MAIL: HCA®HUGHCREEDASSOCIATES.COM x 24" DEEP RIP -RAP LINER EXISTING GROUND CALL NC ONE CALL BEFORE YOU DIG `\%%\�i\ / // \/\\ \ c \ /\\� NOTES: 1. PRIOR TO INSTALLATION OF STOP OTO ENSURE ALL CONTRACTOR MATERIALSRARE ON— //j//j//j//j//j//i FABRIG FILTER LAYER SITE AND READY FOR INSTALLATION. DEWATERING WEATHER CONDITIONS SHOULD BE A DIAL 811 or) R A� RAi� LINER PIPE PUMP I MINIMUM OF FIVE DAYS AFTER ANY RAIN EVENT AND NO FORECAST OF NO FLOW STI? RAIN FOR 48-HOURS AFTER W632-4949 STREAM DEW TERIN PIPE F� W'� INSTALLATION BEGINS. TOTAL FLOW __ INSTALEIGH�NTIME SHOULD BE LESS AMID U11L11Y DAMAGE THAN HOURS. 2. INSTALL SANDBAGS TO DEWATER J� STORM RAIN TEMP. CONSTRUCTION AREA. INSTALL SANDBAG J J STONE RIP -RAP DAM 3. INSTALL PUMP AND DEWATERING COFFER DAM Ld > OUTLET LINES. TO STOP FLOW QOf I(n J 4. CUT OUT STREAMBED AND INSTALL j RIP -RAP OUTLET WITH TOP AT w Q EXISTING STREAMBED LEVEL. Ld J INSTALL TEMPORARY STONE DAM 1L CD 0 AND FILTER FABRIC. lu 0 Q Lli 5. BEGIN PUMPING AND CONTINUE J LLJ 0 PUMPING DURING STORM DRAIN pi w INSTALLATION. + t(1 6. CUT DITCH FOR STORM DRAIN PIPE WITH BACKHOE. LAY STORM DRAIN J a V PLAN VIEW PIPE ONE FOOT BELOW STREAMBED _ T + al UJ Q �/ 1+ O RI T 10 LF TEMPORARY STREAM IMPACT AT THE COFFER DAM 7. AND INSTALL ENDWALL. IMMEDIATELY REMOVE SANDBAGS TO + DIVERT FLOW THROUGH STORM W Q O Q RIP RAP DRAIN PIPE. SPREAD OUT STONE SANDBAG OUTLET DAM KEEPING RIP -RAP OUTLET Z ® COFFER DAM TEMP. LEVEL WITH EXISTING W W INLET PIPE J:�IDEWATERING STONE1 STREAMBEAD. (Y PIPE DAM 8. SEED CONSTRUCTION SITE AS NEEDED. El S N 1#1 STORM DRAIN SIDE VIEW TEMPORARY STREAM GR0551 NO FOR STORM DRAIN INSTALLATION NO SCALE ESS y SEAL 10727 SCALE: 000 HORIZ. = 40' 'pp NCI NEB VERT. = 4' •,� /S Z. JUL 6, 20 O AUGUST 26, 2020 SEPTEMBER 15, 2020 GONTRAGTOR 15 TO NOTIFY EROSION CONTROL INSPEGTOR BEFORE ANY STREAM DISTURBANGE OCCURS. PROFILE VIEW CADENCE DRIVE STREAM GROSSI NO CADENCE SUED 1 V 15I ON 5680 CHURCH STREET CENTER GROVE TWP., OU I LFORD 00. NORTH GAROLINA SCALE: I"=40' DATE: JULY 6, 2020 HUGH CREED ASSOCIATES, INC., P.A. CONSULTING ENGINEERS & LAND SURVEYORS P.O. BOX 9623 PHONE: 336 275-9826 1306 W. WENDOVER AVE. OR 336 275-8084 GREENSBORO, N.C. 27408 FIRM LICENSE #C-0551 SHEET 3 OF 3 E-MAIL: HCA®HUGHCREEDASSOCIATES.COM Action ID Number: SAW-2019-01893 County: Guilford Permittee: Clayton Properties Group, Inc. (Attn: Brian Shugart) Project Name: Cadence / 5680 North Church Street / Greensboro / Guilford County / residential Date Verification Issued: 09/29/2020 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 SAW-2019-01893 Determination of Jurisdiction: A. ❑ There are WATERS 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 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 the jurisdictional determination issued 5/21/2020. Action ID: SAW-2019-01893. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 5/21/2020. Remarks: None. Corps Regulatory Official: Date: 2020.09.29 15:13:03-04'00' David E. Bailey Date of JD: 09/29/2020 Expiration Date of JD: Not auulicable