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HomeMy WebLinkAbout20200140 Ver 2_404-approval SAW-2017-01248 - NWP 29 Verification_20201027U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01248 County: Wake U.S.G.S. Quad: NC -Lake Wheeler GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Glenwood Homes LLC. Michael Murphy Address: PO Box 90427 Raleigh, NC 27675 Size (acres) —22 acres Nearest Town Raleigh Nearest Waterway UT to Wildcat Branch River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.737907 Longitude:-78.633097 Location description: The project site is on the west side of Garner Road approximately 0.5 miles north of its intersection with Tryon Road, located at 3124 Garner Road in Raleigh, Wake County, North Carolina. Description of projects area and activity: This verification authorizes 129 linear feet of permanent stream channel impacts, 20 linear feet of permanent (no functional loss) stream channel impacts and 40 linear feet of temporary stream channel impact for the construction of the Wildcat Branch Subdivision. 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 1/24/2020, and the enclosed plans Wildcat Branch Impact Maps. 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 Morehead City, NC, at (252) 808-2808. 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 Lyle Phillips at (919) 554-4884 X25 or George.L.PhillipsOusace.armv.mil. PHILLIPS.GEORGE. Digitally signed by PH I LLI PS.G EORG E.L.1574018311 Corps Regulatory Official: L.1574018311 Date: 2020.04.10 14:11:33-04'00' Expiration Date of Verification: 03/18/2022 Date: 4/10/2020 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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Stephanie Goss — NCDEQ-DWR — 3800 Barrett Drive, Raleigh, NC 27609 Action ID Number: SAW-2017-01248 County: Wake Permittee: Glenwood Homes LLC., Michael Murphy Project Name: Wildcat Branch Subdivision Date Verification Issued: 4/10/2020 Project Manager: Lyle Phillips 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: Lyle Phillips Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or George.L.Phillips@us ace.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 YVl ) %ISLL"JN"AntlJ dNR01[dJ HS1[ON'HOPS'ItlE[ OOZ alms P1[ ",°Id 6amd OOSI - ssw�oN'�n sxsswoNs oNunnsNo� �sa NOISIAIQI , SNOI.I6'J07-av-<IdIN FT d GSM I"IIHd 2F "IHdIQ HJNVXU1VJQ"IIM V INI xJNVH VDCI IAA -ram Y \ ,s YVl ) %ISLL"JN"AntlJ dNR01[dJ HS1[ON'HOPS'ItlE[ OOZ alms P1[ "�°Id 6amd OOSI ssw�oN'�n sxsswoNs oNunnsNo� ��a NOISIAIQgRS ItlaBV "a[VLV F�'d SdT-IfIIHCI 2' -IH3IQ HDNV'dgJVDQ"IIM S v,1v x NWEIVDMIM 1 I„III II I II II YVl ) %ISLL"JN"AntlJ dNR01[dJ HS1[ON'HOPS'ItlE[ OOZ alms P1[ "I°Id 6amd OOSI ssw�oN'�n sxsswoNs oNunnsNo� ��a NOISIAIQgRS Zv3iIi'-<IVIN �.� SdI I IIHd 28 IH�IQ HJNV2IgIVJQ"IIM WOJVDGTM _ -7 - YVl ) %ISLL"JN"AntlJ OOZ alms P1[ "�°Id 6amd OOSI 59bOJ ON'J11 SN93NION30NIS1RSNOJ ��a dNR01[dJ HS1[ON'HOPS'ItlE[ NOISIARMS £V3u6''<IVIN - - - - V 'I'SdI'I"IIHd �8 "IH�IQ HDNV'dgIVJa"IIM S�va[u[x�Svvua.[e�a�z�� Y \ 11 id \�IT - —I I YVl ) %ISLL"JN"AntlJ dNR01[dJ HS1[ON'HOPS'ItlE[ OOZ alms P1[ "�°Id 6amd OOSI ssw�oN'�n sxsswoNs oNunnsNo� ��a NOISIAIQgRS fiH3gH-dF+IN �.� SdI I IIHd 28 IH�IQ HJNV2IgIVJQ"IIM WOJVDGTM _ -7 - a\ F t LYVI ) %l5'LL"JN"AntlJ dNR01[dJ HS1[ON'HOPS'ItlE[ OOZ a- P1[ - OOSI esw1oN'�n SEIHHNIONa oNuansNo. ��a NOISIAIQSIIS tZ-d J83 MD 3DVNIP84 ` V.'I LSdI I IIHd �8 IH�IQ HDNVXH J VDCI vNOSs37IJOW CINV NF7d r SAW-2017-01248 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 jurisdictional determination issued DATE. Action ID: FILE NUMBER. Basis For Determination: See the preliminary iurisdictional determination form dated 4/10/2020. 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 Atlas: 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.** Corps Regulatory Official: Date of JD: 4/10/2020 Expiration Date of JD: Not applicable Date: 2020.04.10 14:56:01-04'00' NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Sage Ecological Services, Inc.; Attn: Sean Clark I File Number: SAW-2017-01248 Date: 4/10/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C F-11 APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY 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.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& 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. 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 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: Lyle Phillips CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 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 opportum 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: Lyle Phillips, 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 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 4/10/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Sean Clark — Sage Ecological Services, Inc., 3707 Swift Drive, Raleigh, NC 27606 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Wildcat Branch Subdivision, SAW-2017-01248 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is on the west side of Garner Road approximately 0.5 miles north of its intersection with Tryon Road, located at 3124 Garner Road in Raleigh, Wake County, North Carolina. The review area for the preliminary determination is shown as the red outlined "Study Area" on the "Wetland Sketch Map" attached. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Raleigh Center coordinates of site (lat/long in degree decimal format): Latitude: 35.737907 Longitude:-78.633097 Universal Transverse Mercator: Zone 17 North (3957462.3, 714046.4) Name of nearest waterbody: UT to Wildcat Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): El Office (Desk) Determination. Date: ®Field Determination. Date(s): July 11, 2017 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable SA 35.73698 -78.63343 1650 linear feet Non -wetland Section 404 SB 35.73782 -78.63328 590 linear feet Non -wetland Section 404 Sc 35.73750 -78.63221 40 linear feet Non -wetland Section 404 SD 35.73698 -78.63558 50 linear feet Non -wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Sage Ecological Services, LLC. Map: Figure 3 — Wetland and Stream Sketch ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: DP1 & DP2 ® Office concurs with data sheets/delineation report. Office concurs with data sheet for DP2 ® Office does not concurwith data sheets/delineation report. Rationale: Office does not concur with data sheet for DP1 based on field review. Delineation was updated with no wetlands present within the review area. ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Lake Wheeler Quad; 1: 24,000 ®Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survev Sheet 69 ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 3 — Wetland and Stream Sketch or ® Other (Name & Date): Site Photos (May 2, 2017) ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. Date: 2020.04.10 14:55:30-04'00' Signature and date of Regulatory staff member completing PJD 4/ 10/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. 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