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HomeMy WebLinkAbout20220492 Ver 1_SAW-2018-02002 Ravensbrook NWP 29 Auth wo plans_20220324U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-02002 County: Moore U.S.G.S. Quad: NC -Southern Pines GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Ravensbrook LLC Colin Webster Address: Post Office Box 1872 Southern Pines, NC 28388 Telephone Number: 910-639-1065 E-mail: colin(aascotgrp.com Size (acres) 95 acres Nearest Town Carthage Nearest Waterway Nicks Creek River Basin Cape Fear USGS HUC 03030004 Coordinates Latitude: 35.236008 Longitude: -79.409225 Location description: The proiect area is located west of NC Highway 22, south of Waynor Road, east of Elkton Drive, and north of Chestertown Drive in the Town of Southern Pines, Moore County, NC. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.096 acre of wetlands necessary for the construction of an internal access road that consists of a 52 linear feet of 36-inch reinforced concrete pipe and riprap outlet protection. This verification is for impacts associated with phase 2 of a multi -phase residential development being called the Ravensbrook 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 10/3/2018 and the additional information submitted to the Corps on, the enclosed plans (C3.1.1, C3.1.2, C3.1.3, C5.1, C5.10, C5.11, C5.15) signed and sealed by Kevin S. Lindsay, P.E. on 1/17/2019, and the wetland impact plan entitled "Wetland Crossing for Waterline Extension and Future Road" submitted to the Corps on 12/18/2019. 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 Roscoe L. Sullivan, III at 919-554-4884 ext. 25 or roscoe.l.sullivan(ausace.army.mil. Corps Regulatory Official: Expiration Date of Verification: 03/18/2022 Date: 05/08/2019 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 fumished: Agent: Southeastern Soil & Environmental Associates Mike Eaker Address: Post Office Box 9321 Fayetteville, NC 28311 Telephone Number: 910-822-4540 E-mail: mike(a,southeasternsoil.com SAW-2018-02002 SPECIAL CONDITIONS a. 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. b. Please note that future impacts and/or phases of the Ravensbrook Subdivision development project and related activities associated with Corps Action ID: SAW-2018-02002 will be considered part of a single and complete project; these impacts will be considered cumulative with impacts permitted during earlier phases regarding compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts to aquatic resources for this single and complete project include permanent impacts to 0.096 acre of wetlands all of which are considered a permanent loss of waters. This amounts to a total loss of potential waters of the US of 0.096 acres. c. The following deed notification should be included in the recorded restrictive covenants for the subdivision before property containing wetlands is conveyed. Any alteration to this language should be approved before incorporation. "A portion of the subdivision has been determined to meet the requirements for designation as a wetland. Any subsequent fill or alteration of this area shall conform to the requirements of the federal rules addressing wetland impact noted in the Code of Federal Regulations at the time of the proposed alteration. The intent of this provision is to prevent additional wetland and stream impact, so the property owner should not assume that a future application for filling or alteration would be approved. The property owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is to run with the land and shall be binding on all parties and all persons claiming under them." d. The permittee shall provide a copy of the recorded deed notification, referenced in Special Condition d. above, to the Corps of Engineers within 15 days of recording. Action ID Number: SAW-2018-02002County: Moore Permittee: Ravensbrook LLC, Colin Webster Project Name: Ravensbrook Subdivision Date Verification Issued: 05/08/2019 Project Manager: Roscoe L. Sullivan, III 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: Roscoe L. Sullivan, III Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or roscoe.l.sullivan@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 Compensatory Mitigation Responsibility Transfer Form Permittee: Ravensbrook LLC, Colin Webster Action ID: SAW-2018-02002 Project Name: Ravensbrook Subdivision County: Moore 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: 03030004, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.096 *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: 03030004, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.192 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 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 their willing and able to accept the applicants compensatory mitigation responsibility, dated 1/4/2019 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, 11405 Falls of Neuse Road, Wake Forest, NC27587 (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: USACE Field Office: Email: Roscoe L. Sullivan, III Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 roscoe.l.sullivan@usace.army.mil USACE Project Manager Signature 05/08/2019 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 LO M - ° 1111 j qn 6 hill 1 367.58-1 Oc7 nn Sidewalk I lr- LO 0 0 O O 0 0 O M