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HomeMy WebLinkAbout20201624 Ver 1_USACE Permit_20210218U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02276 County: Guilford U.S.G.S. Quad: NC-Gibsonville GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Brighterwood Crossing, LLC Attn: Amanda Williams Address: PO Box 16168 High Point, NC 27265 Size (acres) —20 Nearest Town Whitsett Nearest Waterway UT to Rock Creek River Basin 03030002 USGS HUC 03030002 Coordinates 36.069675,-79.589675 Location description: The project area is located in the northwest quadrant of the intersection of Burlington Road (US Highway 70) and Preakness Parkway, at 6479 Burlington Road, in Whitsett, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.098 acre of riparian non-riverine wetlands, and the temporary discharge of fill material into 15 linear feet (<0.001 acre) of stream channel, necessary to install access and infrastructure for the Brighterwood (n, Brightwood Farms multi-familv 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 12/24/2020, and the enclosed plans Brighterwood (& Brightwood Farms "Overall Site Impact Map", "Stream Impact #1 Mapan , d "Wetland Impact #2 Mad', dated 12/15/2020. 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. Bailey at (919) 554-4884 X 30 or David.E.Bailev2(&usace.armv.mil. Date: 2021.02.18 12:36:04 Corps Regulatory Official: //'" "-05'00' Date: 02/18/2021 Expiration Date of Verification: 03/18/2022 SAW-2020-02276 SPECIAL CONDITIONS The temporary discharge of excavated or fill material into streams must be for the absolute minimum period of time necessary to accomplish the work. Further, this authorized crossing must be returned to pre -disturbance grade and contour using the native stream bed materials, and the banks re -vegetated with a regionally appropriate wetland or riparian seed mix. 2. Please note that future impacts and/or phases of the Brightwood Farms residential development and related activities associated with Corps Action IDs: SAW-2002-20508 and SAW-2020-02276 may be considered part of a single and complete project; these impacts may be considered cumulative with impacts permitted and installed during earlier phases with respect to compensatory mitigation and Nationwide Permit thresholds. Date: 2021.02.18 Corps Regulatory Official: 12:35:48-05'00' Date: 02/18/2021 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://cop2smapu.usace.army.mil/cm_apex/f?p=136:4:0. Copy furnished: Michael Brame, Pilot Environmental, Inc., 743 Park Lawn Court, Kernersville, NC 27284 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 STREAM IMPACT #1 a �r .WR as all �I jjPPrrFF�� r �� WETT AND IMPACT #2 F4RR�GN M SITE y J S � r / / I � ynz aece s?io Rc a3en A l/ Fill � � 1 rnx r r-sin3�i� A /' sa I I Mg 7-BpRLMGiON ROnOp4 JLLI Lil j // //I\ // SHEET I OF OVERALL SITE IMPACT MAP FOR BRIGHTERWOOD @BRIGHTWOOD FARMS GUTLFORD COUNTY -P - - - ----� - =--- ---_ - __ DECEMRER 15.2020 °'..�i�_----------------------- ---- dGTO OAD/NC -- ---_ ------ _ (RIGHT �i\ WAY VARIES ) )YAy 7( 1 inch = 150 ft. 4609 Dunclas Drive OWNER/DEVELOPER +E moans Greenshcro, N_th Cardin. 27,407 BRIGHTERWOOD CROSSING LLC + ngineeri g, Inc. Fax 336.854.8876 4425 MONUMENT TRACE—s­is�;�l— Phone 336-854-8877 GREENSBORO INC, 27409 Engnucers Surveyors Phvmers FdmnLicenseNo.tC-0168 PHONE: 336-632-8900 H:\ORAWNGS\Brightwaod Farms\aright—d Farms—Multi—Family\Brightwaod Farms—MWti—Fomily—IMPACT—MAPS-12-15-20.dwg PROPOSED PUMP PIPE PROPOSED SILT FENCE 00 TEMPORARY CONSTRUCTION (TYP.) STREAM CROSSING CLASS "I' W FLOMIN RIP RAP 5' 0 A A RIP RAP /57 STONE AROUND PIPE INLET STREAM FLOW JMIN5 SAND BAGS X PROPOSED DISTURBANCE OMITS SILT FENCE PLAN (TYP.) 3' 3' MIN. MIN. FROM i0 TOP OF PUMP PUMP BANK SmEznT— s FLOW — EX. INV. /- CREEK 1EMPORARYJ STONE DAM REMOVE ENOUGH SANDBAGS TO ALLOW FLOW POLTETHYLENE FABRIC ON THROUGH WHEN NOT PUMPING AROUND. FACE (8 ML. THICK) SECTION A -A TEMPORARY "UTILITY CROSSING - PUMP AROUND" FOR SEWER INSTALLATION NOTES 1) EROSION STONE TO BE "CLASS I" RIP —RAP UNLESS DESIGNATED DIFFERENTLY ON CONSTRUCTION PLAN. 2) PUMP AND UNE SIZE TO BE DETERMINED BY THE CONTRACTOR USING THE BASE FLOW SHOWN ON THE CONSTRUCTION PLANS 3) MATERIAL SPECIFICATIONS SANDBAGS: SANDBAGS SHALL CONSIST OF MATERIALS WHICH ARE RESISTANT TO ULTRAVIOLET RADIATION, TEARING AND PUNCTURE, AND WOVEN TIGHTLY ENOUGH TO PREVENT LEAKAGE OF FILL MATERIAL (i.e. SAND, FINE GRAVEL, ETC.) CONSTRUCTION SEQUENCE FOR CULVERT CROSSING —PUMP AROUND 1)INSTALL PUMP AND LINE TO PUMP FLOW FROM AREA UPSTREAM OF TEMPORARY STREAM CROSSING TO AREA DOWNSTREAM OF CONSTRUCTION AREA. BEGIN PUMPING AND CONTINUING PUMPING WHILE WORKING WITHIN THE STREAM. 2)INSTALL DOWNSTREAM TEMPORARY STONE DAM AND FILTER FABRIC TO PREVENT BACKFLOW INTO CONSTRUCTION AREA. 3) INSTALL PROPOSED SILT FENCE ALONG TOP OF BANK EACH SIDE OF THE CONSTRUCTION AREA. 4) UPON CONSTRUCTION COMPLETION, REMOVE TEMPORARY DAMS, FILTER FABRIC. DEPRESS TEMPORARY DAM BOTTOMS INTO STREAM BED UNTIL TOP OF RIP RAP IS LEVEL WITH STREAM BOTTOM. 5) UPON STABILIZATION OF CLEARED AREAS, REMOVE TEMPORARY EARTH BERM, SEDIMENT TRAP, AND DEWATERING BASIN. 0 Q 60g0gO— iY SEWCR @1,47% N q �. EX. %• _ 72 CMP / 3 EX. R F.X. STRFA OWNER /DEVELOPER BRIGHTERWOOD CROSSING LLC 4425 MONUMENT TRACE GREENSBORO INC, 27409 PHONE: 336-632-8900 TEMPORARY STREAM IMPACT -' LSAND BAGS, #57 STONE & HOSE FOR ( CULVERT PUMP AROUND C (CHANNEL MUST BE RESTORED TO ) ( EXISTING CONDITION UPON )� _ COMPLETION OF CONSTRUCTION) ) ( TOTAL TACT = '15 IF "O EX. MANHOLE \ 1'OP: 620.43_ \ INV 01 !1': 612.73 PROP. INV. 1N: 61,'.4t1 STRE41 BUFFER i L O�(UN \ \ PROP. MH 41 �� 620 Nv LLJ .e610.o61n.o 1Nozo EX. INTERMI3Ro N Co ATTENT w—i IMPACT 6 ��arc UTILITY ESMT. INV. NV.O U SHEET I�OF 2 STREAM IMPACT #1 MAP FOR BRIGHTERWOOD @BRIGHTWOOD FARMS GUILFORD COUNTY DECEMBER 15, 2020 M 40 0 20 40 Bo 1 inch = 40ft. 4609 Dundas Drive + vans G"ensh�ro, _ —.+_—_ North Caroh.a 27407 c + 1i11 gingering, lnc. Fas 336.854.3876 _ Phone336-854.8877 1 Eugi"e— Survevora PI—l' a Firm license No.: is-0168 H:\DRAWINGS\BrightwooG Farms\BrightwooG Farms—Multi—Family\BrightwooG Farms—Multi—Family—IMPACT—MAPS-12—I5-20.Gwg I M 620 z 1tl o / ^ n A� 614_71) 50 / \ 3�4 q EIp LIFF EIp 44 _ N E WETLAND �e w z WETLANDS S 1 IM ACT #2 / AA C�� INDICATES WETLAND IMPACT 0.098ACRES ■ ■ EX. STREAM v24 26 PROPOSED \17 ONTOUR' / <'20' UTILITY ESML.. PROP. 5 ° K SHEET I OF 2 ?` 5. 9 ' WETLAND IMPACT 42 MAP PREP' / FOR BRIGHTERWOOD @BRIGFITWOOD FARMS p GUILFORD COUNTY 9" ' �' �— DECEMBER 15, 2020 I/ +0 0 20 +o 80 1 inch = 40ft. OWNER/DEVELOPER D—b.si- BRIGHTERWOOD CROSSING LLC —+— N-thCardin. Z7407 4425 MONUMENT TRACE - ngbnneer ing, Inca Fax336-854}88.s —Sur, 1974— Phone 336.854,8877 GREENSBORO NC, 27409 Engineers Sutweyors Planners FirmLicens,N—C-OA8 PHONE: 336-632-8900 H:\0RAWINGS\Bright—,d Farms\Bright—d Farms—Multi—Family\Bright—ad Farms—Multi—Famil) IMPACT—MAPS-12-15-20.dwg Action ID Number: SAW-2020-02276 County: Guilford Permittee: Bri2hterwood Crossing, LLC (Attn: Amanda Williams) Project Name: Bri2hterwood at Bri2htwood Farms / 6479 Burlington Road / Whitsett / Guilford County / residential Date Verification Issued: 02/18/2021 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-2020-02276 Determination of Jurisdiction: A. ® There are waters, including wetlands 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, including wetlands 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 _. Action ID: Basis For Determination: See the Preliminary Jurisdictional Determination form dated 02/18/2021. Remarks: None. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). 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: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNIN&USACE.ARMY.MIL 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: 2021.02.18 12:32:48-05'00' David E. Bailey Date of JD: 02/18/2021 Expiration Date of JD: Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: BriQhterwood Crossin LLC, (Attn: Amanda Williamsl File Number: SAW-2020-02276 Date: 02/18/2021 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 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/RegulatoryProgramandPenuits.aspx or the 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. 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. PHILIP A. SHANNIN Attn: David E. Bailey ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 3331 Heritage Trade Drive, Suite 105 ATLANTA, GEORGIA 30303-8803 Wake Forest, North Carolina 27587 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN a,USACE.ARMY.MIL 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: David E. Bailey, 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