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HomeMy WebLinkAbout20180852 Ver 2_USACE Permit_20210812U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-00625 County: Guilford U.S.G.S. Quad: NC -Browns Summit GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: McKnight Mill Homes 7, LLC Attn: Patrick Donnelly Address: 713 Corporate Center Court Greensboro, NC 27408 Size (acres) —37.71 Nearest Town Greensboro Nearest Waterway UT to North Buffalo Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.148861,-79.713945 Location description: The project area is located on the east side of McKnight Mill Road, approximately 0.1 mile south of its intersection with Hicone Road, at 4622 McKnight Mill Road, in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.024 acre (372 linear feet) of stream channel (0.0197 acre [300 linear feet] of which is considered a permanent loss of waters), and the temporary discharge of fill material into 0.002 acre (24 linear feet) of stream channel, necessary for access and infrastructure including three road crossings for Phase 4 of the McKnight Mill Estates residential develonment. 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 REMARKS: See also the NWP 29 verification dated 8/22/2018 for earlier phases of the McKnight Mill Estates single and complete proiect. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 5/20/2021, a revised PCN and plans submitted via email on 7/9/2021, documentation of the removal of two unauthorized stream crossings submitted via email on 7/13 and 8/5/2021, and the enclosed plans "Stream & Buffer Impact Map for McKnight Mill Phase 4", Sheets 1 through 7. 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 and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general 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. Corps Regulatory Official: % Date: 2021.08.12 11:29:58-04'00' Date: 08/12/2021 Expiration Date of Verification: 3/14/2026 SAW-2017-00625 SPECIAL CONDITIONS A post -construction (e.g. as -built) survey of Stream Impacts Pipe-1, Pipe-2, and Pipe-3 must be conducted by a Register Professional Land Surveyor (RPLS), within 30 days of completion of these Stream Impacts. This survey must include the as -built footprint of fill material (i.e. culvert, headwall, rip rap pad) placed for and in association with these Stream Impacts. The surveyed as - built fill material (i.e. culvert, headwall, rip rap pad) footprint must be overlaid on top of the stream/wetland delineation as verified by the USACE. This as -built survey must be submitted to the USACE, along with an itemized report calculating the amount (acreage and linear feet) of Corps -verified stream channel within the as -built footprint of fill material (i.e. culvert, headwall, rip rap pad) for Stream Impacts Pipe-1, Pipe-2, and Pipe-3. Note that, if based on the above, the permanent loss stream impacts cumulatively exceed the compensatory mitigation threshold listed in NWP 29 Regional Condition B.7, the USACE would pursue appropriate enforcement actions, including requiring appropriate compensatory mitigation and/or rescinding the use of NWP 29. 2. Please note that future impacts and/or phases of the McKnight Mill Estates development project and related activities associated with Corps Action ID: SAW-2017-00625 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 considered a permanent loss of waters for this single and complete project include 0.0197 acre (300 linear feet]) of stream channel and 0.08 acre of riparian non-riverine wetlands; a total of 0.0997 acre of waters of the US. Date: 2021.08.12 Corps Regulatory Official 11:29:39-04�00� Date: 08/12/2021 Expiration Date of Verification: 3/14/2026 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 https://regulatorLps.usace.army.mil/customer-service-survey. 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 0 wo OVOa 111 W NINNVa cn C) = N a s 0 a o6 OVOa NOSVf a ° II Gwc, OI 24 Z — x Ovo x - al � � z lIW 1HOINNOW � Q �� C7�PIPuj F'�v W _ - s a ' z s z 71 Cara MyV �� `'�Jr7A��.E LJ I n6%/1I A PIPE-3l\ �br �l� 341 gac C) 7-7� LL ry• sa�wr t�imr� '� N � � O � 1 f�� I �tIJ � b � � II I T T — �i/�jel 3sn mm Two 1x e " �Q 35n I Q I ca I i I I� --- ? 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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 A. Determination of Jurisdiction: 1. ❑ 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. 2. ❑ 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. 3. ❑ 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. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ® The aquatic resources within the above described project area have been identified under a previous action. Please reference the preliminary jurisdictional determination issued 1/11/2018. Action ID: SAW-2017-00625. /i�%'� Date: 2021.08.1211:28:31 Corps Regulatory Official:-04'00' David E. Bailev Date of JD: 1/11/2018 Expiration Date of JD: Not applicable