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HomeMy WebLinkAbout20220405 Ver 1_USACE Permit_20220517Permittee: Address: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02388 County: Guilford U.S.G.S. Quad: NC-McLeansville GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION Tectonic LLC Attn: Wake Hamilton 416 Hermitage Court Charlotte, NC 28207 Size (acres) -21.62 Nearest Town Greensboro Nearest Waterway UT to Little Alamance Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.0592, -79.7021 Location description: The project area is located between I-40 and McConnell Road, approximately 0.15 mile east of the intersection of McConnell Road and Stanfield Road, at 3618 McConnell Road, in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.12 acre of riparian non-riverine wetlands for the construction of access and infrastructure for a -295,000-square foot industrial building at the McConnell Road Industrial site. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 39. Commercial and Institutional 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 attached Conditions, your application signed and dated 3/14/2022, additional information received via email on 4/11/2022 and 5/2/2022, and the enclosed plans "Wetland Impact Exhibit" (Sheet No. EX1.0) and "Grading Plan (Sheet 2 of 4)" (Sheet No. C-602). 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.Bailey2(ai)usace.army.mil. Date: 2022.05.17 Corps Regulatory Official: 11:59:52-04'00' Date: 05/17/2022 Expiration Date of Verification: 3/15/2026 SAW-2021-02388 SPECIAL CONDITIONS 1. 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. 2. Please note that future impacts and/or phases of the McConnell Road Industrial development, and related activities associated with Corps Action ID: SAW-2021-02388, may be considered part of a single and complete project; these impacts may be considered cumulative with impacts authorized during earlier phases with respect to compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts to waters of the US for the McConnell Road Industrial single and complete project include a total loss of 0.12 acre of wetlands/waters of the US. Corps Regulatory Official: Expiration Date of Verification: 3/15/2026 Date: 2022.05.17 11:59:31-04'00' Date: 05/17/2022 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 athttps://regulatory.ops.usace.army.mil/customer-service-survey/. Copy furnished electronically: Michelle Savage-Measday, ECS, MMeasday@ecslimited.com Sue Homewood, NCDEQ-DWR, sue.homewood@ncdenr.gov U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Tectonic LLC (Attn: Wake Hamilton) Action ID: SAW-2021-02388 Project Name: McConnell Road Industrial / 3618 McConnell Road / Greensboro County: Guilford 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether 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 ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the 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: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.12 *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: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.24 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 Wilmington District, 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 Page 1 of 2 Form Date July 7, 2020 U.S. ARMY CORPS OF ENGINEERS Wilmington District Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility was provided. This form is not valid unless signed below by the District 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 District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: USACE Field Office: Email: David E. Bailey Raleigh Regulatory Office US Army Corps of Engineers 3331 Heirtage Tade Drive, Suite 105 Wake Forest, North Carolina 27587 David.E.Bailey2@usace.army.mil Date: 2022.05.17 11:59:17-04'00' 05/17/2022 USACE Project Manager Signature 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. 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I I o 0 30' ni 1 1 "=30' 60' I I I I I I I I \\ I \ 1 \ \ \ \ \ \ I \ \ \ \ \ \ \ \ SEE SHEET C-604 \ \ \ \ \ \ \ ` \ \ \ \ I 1 \ \ \ \ \ \ \ \ \ \ \ I 1 \ \ \ \ \ \ \ \ \ \ 11 \\ \ \\ \\ \`\ \\ \ \` \`\ \\ I I \ \ \ \ \ \ \ \ \ \ \ \ \ I / u■ u■ lie I1■ 0 ,Sl ° ° N / Cr) ( N / r I r r I - \ \ I I 1 E I 1 >� 1 v�i I I I I I I 1 \l% \ I 1 Z JOB NO. 49246 SHEET NO.\ 0 c ai • co- . i0 O 2- 0_ c m '6 a) 0 0 c c 0 c m 0_ c `O a) O c 00 N D 0O O Cp wZ �0 E -0_ c� (N o_o c CC a) (D'Ea zN 02 x O O Q O .§ Q c (0( N C CD O O N p (.0 Ooc c o(1) E U N 0- 0) m E N N .2 O U -D cN N O C Q O L— Action ID Number: SAW-2021-02388 County: Guilford Permittee: Tectonic LLC (Attn: Wake Hamilton) Project Name: McConnell Road Industrial / 3618 McConnell Road / Greensboro Date Verification Issued: 05/17/2022 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-2021-02388 A. Determination of Jurisdiction: 1. ❑ 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. 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). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 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). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination 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 jurisdictional areas within the above -described project area have been identified under a previous action. Please reference jurisdictional determination issued 12/2/2021. Action ID: SAW-2021-02388.