HomeMy WebLinkAbout20171504 Ver 1_Change of Ownership_20210823Strickland, Bev
From: Johnson, Alan
Sent: Monday, August 23, 2021 8:17 AM
To: Montalvo, Sheri A
Cc: jrobertson@atlasenvi.com'
Subject: FW: [External] Westhall 404 and 401 Change of Ownership
Attachments: Westhall Corps 404 20180212.pdf; Westhall DWR 401 20171221.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Sheri, please see below.
Thanks
From: Jennifer Robertson [mailto:jrobertson@atlasenvi.com]
Sent: Saturday, August 21, 2021 2:21 PM
To: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <Krystynka.B.Stygar@usace.army.mil>; Johnson, Alan
<alan.johnson@ncdenr.gov>
Cc: Jeffrey Hill <jhill@resibuilt.com>; J.R. Denney <jrdenney@resibuilt.com>
Subject: [External] Westhall 404 and 401 Change of Ownership
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Krysta/Alan,
Westhall (NC) Owner II, LLC has purchased the Westhall property. Jeff Hill with the ownership group has
requested that the permit approvals be transferred into the new ownership name. Project impacts have not
changed and have not been installed as of yet. Are you all able to reissue to the new ownership group or do
you want this email to serve as notice in your file?
Westhall (NC) Owner II, LLC
3630 Peachtree Rd NE, Suite 1500
Atlanta, GA 30326
470-809-1256 (0)
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
(704) 512-1206 office
(828) 712-9205 mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
1
VIRGIN MENTAL
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-02384 County: Iredell U.S.G.S. Quad: NC -Lake Norman
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
Nest Homes
Eric Wood
PO Box 3965
Mooresville, NC 28117
704-208-4251
ewood(a�nesthomes.com
Nearest Town Mooresville
River Basin Catawba
Coordinates Latitude: 35.60949
Longitude: -80.90151
Location description: The project area is located 0.157 miles Southeast of the intersection of Normandy Road and McNaron
Lane in Iredell Co. PIN: 77421697.
53
Catawba River
03050101
Description of projects area and activity: This verification authorizes:
LI The permanent fill of 0.02 acres of wetland.
LI The permanent impact of 150 linear feet of perennial stream for a culvert
LI The temporary impact of 30 linear feet of perennial stream
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 11/3/2017, and the enclosed plans Westhall Subdivision & GR-4.0 dated
10/23/2017. 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 Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak@usace.army.mil.
JANICZAK.CATHERINE.MARIE.15355 DNic=US!o=U.S. Government ouHDoDEouAPKI,1ou=USA,66
Corps Regulatory Official: 87066 Date:
Date: 2/12/2018
Date: 2018.02.12 15:25:69-OS'00'
Expiration Date of Verification: 3/18/2022
SAW-2017-02384
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 5/12/2015. Action ID: SAW-2015-00068.
Basis For Determination: See the preliminary or approved jurisdictional determination form
dated 2/12/2018.
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
Attn: Jason Steele, 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 N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
JANICZAK.CATHERINE.MARIE.15355 DDNitarIlDSIo=USGovernmengA.THDoDEoaARKI,o5u=U5A
066,
Corps Regulatory Official: 87066 JANICZAK.C215:26NE.MARIE.1535587066
Date: 2018.02.12 15:26:18-05'00'
Catherine M. Janiczak
Date of JD: 2/12/2018
Expiration Date of JD: N/A
SAW-2017-02384
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:
Agent: Atlas Environmental, Inc.
Jennifer L. Robertson
Address: 712 English Tudor Lane
Charlotte, NC 28211
Telephone Number: 704-512-1206
E-mail: JRobertson(aatlasenvi.com
Action ID Number: SAW-2017-02384 County: Iredell
Permittee: Nest Homes, Eric Wood
Project Name: Westhall Subdivision Culvert
Date Verification Issued: 2/12/2018
Project Manager: Catherine M. Janiczak
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: Catherine M. Janiczak
Asheville Regulatory Office
U.S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which
0/
sections were
Wetlands
completed
0/
below for your project (check all that apply):
Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
(if known)
2d.
Forested
2e.
Type of jurisdiction
Corps (404, 10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P(WL 1000)
Fill
Seep
Yes
Corps
0.02
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total wetland impacts:
0.02
2h. Comments: W 1 is fill for road crossing
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number -
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial
(PER) or
intermittent
(INT)?
3e.
Type of jurisdiction
(Corps - 404, 10
DWQ — non-404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P (CH 100)
Culvert
UT to Catawba
River
PER
Corps
4
150
S2 T (CH 100)
Other (Type In)
UT to Catawba
River
PER
Corps
4
30
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts:
180 (150
Per / 30
Temp)
3i. Comments: S1 is culvert for road crossing, S2 is temporary pump around during impacts for S1 installation
Page 4 of 10
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(B00)4644153 Jeff 7A, d (704)574+2375 HALESWORTH RD. = 8+98.69 LF
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24" RCP = 7313 LE
30" RCP = 8572 LF
36" RCP = 12593 LE
WATERLINE
1" COPPER = 3792 LF
2" PVC = 3803 LF
6" PVC = 462 LF
8" PVC = 5.976* LF
SN NTARY SEWER
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8" DP = 1,894+ LF
FORCE NAP!
4" PVC = 2,8573 LF
PUBLICATION OR REUSE OF THESE DRANANGS OR ANY DETAILS WITHIN MUST BE WITH THE WRITTEN CONSENT OF PIEDMONT DESIGN ASSOCIATES P.A.
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EXC-1.0 EXISTING CONDI 'IONS AND DEMOLITION PLAN
CO-1, U-1, R-1 APPROVED CONCEPT PLANS
S-2.0 OVERALL SITE PLAN
S-2.1 SITE DETAILS
S-2.2 SITE SPECIFICATIONS AND DETAILS
5-2.3 LANDSCAPING SPECIFICATIONS AND DETAILS
S-2.4 LIGHTING AND SIGNAGE PLAN
EC-3.0 to EC-3.2 EROSION CONTROL PLAN (PHASE 1)
EC-3.3 to EC-3.4 EROSION CONTROL PLAN (PHASE 2)
EC-3.5 to EC-3.5 EROSION CONTROL DETAILS
EC-3.7 EROSION CONTROL DETAILS AND SPECS.
GR-4.0 OVERALL GRADING AND STORM PLANS
GR-4.1 to GR-4.2 GRADING AND STORM PLANS
GR-4.3 to GR-4.4 GRADING AND STORM DETAILS
GR-4.5 WET POND 1 RMP/POND DETAILS
GR-4.6 WET POND 2 OMP/POND DETAILS
GR-4.7 BMP/POND SPECIFICATIONS
GR-4.8 PRE -DEVELOPMENT DRAINAGE PLAN
GR-4.9 POST -DEVELOPMENT DRAINAGE PLAN
GR-4.10 ONSITE INLET DRAINAGE PLAN
GR-4.11 CULVERTS DRAINAGE PLAN
GR-4.12 PERM. DITCHES DRAINAGE PLAN
GR-4.13 to GR-4.16 STORM TO POND PLAN & PROFILES
R-5.1 ROADWAY PLAN/PROFILES-SAXON RD. (STA. 0+00 to STA. 8+58.27)
R-5.2 to R-5.3 ROADWAY PLAN/PROFILES-KINGSHALL RD. (STA. 0+00 to STA. 14+70.19)
R-5.3 ROADWAY PLAN/PROFILES-BLYFORD RD. (STA. 1+00 to STA. 3+42.21)
R-5.4 to R-5.6 ROADWAY PLAN/PROFILES-OUEENSHALL RD. (STA. 0+00 to STA. 30+98.58)
R-5.7 ROADWAY PLAN/PROFILES-HALESWORTH RD. (STA. 0+00 to STA. 8+98.69)
R-5.1 ROADWAY STRIPING PLANS
R-5.9 PERTH ROAD SITE DISTANCE PLAN/PROFILE
R-5.10 NORMANDY ROAD SITE DISTANCE PLAN/PROFILE
R-5.11 to R-5.12 ROADWAY DETAILS
RW-6.0 to RW-6.3 RETAINING WALL PLAN & PROFILES
U-7.0 to U-7.1A SITE UTILITY DETAILS
U-7.2 WATER SPECIFICATIONS
U-7.3 SEWER SPECIFICATIONS
U-7.4 OFFSITE SANITARY SEWER PLAN & PROFILE
MO -SITE SANITARY SEWER PLAN/PROFILE
NORTH SANITARY SEWER PLAN & PROFILE
SANITARY SEWER PIPING SUMMARY
PUMP STATION DETAILS
PUMP STATION ELECTRICAL PLAID
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NORTH CAROLINA 28115 (704)
664-7888
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P.O. BOX 3965
MOORESVILLE, NC 28117
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
December 21, 2017
DWR# 17-1504
Iredell County
Mr. Eric Wood
Nest Homes
P.O. Box 3965
Mooresville, NC 28117
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Westhall Subdivision
Dear Mr. Wood:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated November 3, 2017, and received by the
Division of Water Resources (the Division) on November 21, 2017. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification Number 4092
which can be viewed on our web site at http://portal.ncdenr.org/web/wq/swp/ws/401. The General
Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U.S. Army
Corps of Engineers (COE). Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification are
reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must
also comply with the following conditions:
1. This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us in writing, and you may be required to send us a
new application for a new Certification. If total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying
with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
30 linear ft.
150 linear ft.
Wetland
0 acre
0.02 acre
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Please provide documentation showing that water quality from the development will not be
impaired. A storm water management plan in lieu of such documentation is acceptable if
approved by a delegated or state authority. 15A NCAC 2H .1000
7. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it
shall not be placed in the streambed, unless approved by DWR
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)
9. The permittee shall report any violations of this Certification to the Division of Water Resources
within 24 hours of discovery. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by
calling the OAH Clerk's Office at (919) 431-3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee
is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act. If
you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
t_,)cc. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Charlotte, email
Jennifer Robertson, Atlas Environ. email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality