HomeMy WebLinkAbout20200294 Ver 2_SAW-2013-00078 signed NWP_PJD_20220621U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-00078 County: Wake U.S.G.S. Quad: NC -Cary
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Pulte Home Company, LLC
Chris Raughlev
Address: 1225 Crescent Green Dr., suite 250
Cary, NC 27518
Telephone Number: 919-816-1100
E-mail: Chris.Raughlev(&i)uhci!roup.com
Size (acres) 25 Nearest Town Cary
Nearest Waterway Crabtree Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.8135
Longitude:-78.8710
Location description: The project site is approximately 25 acres bordered to the north by Morrisville Parkway, to the west by
Carpenter Upchurch Road, and t o the east by Louis Stephens Road, near the town of Cary, Wake County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 149 linear feet
of stream channel (129 linear feet for culvert, and 20 linear feet for rip rap), 0.097 acre of wetlands from fill, and 2 linear feet
of temporary discharge for construction access, for the construction of the Carpenter Square Townhome development. No
mitigation is required for this proposal.
Applicable Law(s): ❑X 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 3/24/2020, and the enclosed plans entitled "Carpenter Square Townhomes" dated
1/27/2020. 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 (LAMA), 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 James Lastinger at 919-554-4884 ext 32or James.C.Lastinger(a),usace.armv.mil.
Corps Regulatory Official:
Date: 03/31/2020
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://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent:
Soil and Environmental Consultants, PA
Deborah Shirley
Address:
8412 Falls of Neuse Road, suite 104
Ralei!h, NC 27615
Telephone Number:
919-846-5900
E-mail:
dshirley(&sandec.com
Action ID Number: SAW-2013-00078 County: Wake
Permittee: Pulte Home Company, LLC, Chris Rau2hley
Project Name: Carpenter Square Townhomes
Date Verification Issued: 03/31/2020
Project Manager: James Lastinger
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: James Lastinger
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
James.C.Lastinger@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-2013-00078
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 DATE. Action ID: FILE NUMBER.
Basis For Determination: See the preliminary iurisdictional determination form dated 03/31/2020.
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: Phillip Shannin, 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 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: c.-►nco ___/y✓
James Lastinger
Date of JD: 03/31/2020
Expiration Date of JD: Not applicable
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
A licant: Pulte Home Com an LLC, Chris Rau hle File Number: SAW-2013-00078 Date: 03/31/2020
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.mit/Missions/CivilWorks/RegulatoryProgramandPermits.asi)
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.
Nor -
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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. Phillip Shannin, Administrative Appeal Review Officer
Attn: James Lastinger
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, North Carolina 27587
Phone: (404) 562-5137
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 opportunit to participate in all site my-csti 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: James Lastinger, , 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
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 03/31/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pulte Home Company, LLC, Chris
Raughley, 1225 Crescent Green Dr., suite 250, Cary, NC 27518
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Carpenter Square
Townhomes, SAW-2013-00078
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 25
acres bordered to the north by Morrisville Parkway, to the west by Carpenter Upchurch Road, and t o the east
by Louis Stephens Road, near the town of Cary, Wake County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Wake City: Cary
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.8135 Longitude:-78.8710
Universal Transverse Mercator:
Name of nearest waterbody: Crabtree Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Site
Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount of
aquatic resource in
review area (acreage
and linear feet, if
applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
A
35.812601
-78.867877
140 ft
Intermittent Stream
Section 404
B
35.812607
-78.867663
20 ft
Intermittent Stream
Section 404
C
35.812023
-78.866288
430 ft
Intermittent Stream
Section 404
D
35.811410
-78.865454
80 ft
Perennial Stream
Section 404
W1
35.812637
-78.867826
0.16 ac
Wetland
Section 404
W2
35.812545
-78.867019
0.25 ac
Wetland
Section 404
W3
35.812179
-78.866482
0.01 ac
Wetland
Section 404
W4
35.812217
-78.8664661
0.01 ac
Wetland
Section 404
W5
1 35.811951
-78.8660771
0.01 ac
Wetland
Section 404
W6
1 35.811822
-78.8659781
0.01 ac
Wetland
Section 404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AID for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: See attached
®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
®Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
®U.S. Geological Survey Hydrologic Atlas:
®USGS NHD data:
❑USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: Cary and Green level Quad
®Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheets 45 and 46
® National wetlands inventory map(s). Cite name: USFWS NWI
❑ State/local wetland inventory map(s):
®FEMA/FIRMmaps: NC Firm maps
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): undated
or ❑ Other (Name & Date):
❑Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later Jurisdictional determinations.
/C-� C��e-t�z�
Signature and date of Regulatory
staff member completing PJD
03/31 /2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
0
Da
IYS
C
n'•
• • • \ \ i \ J.
: ::: (z)
• I •
co
♦
fSr. 911
l /
it
<-
`♦ 1 ♦ _ I
1{. � ! IR ' � .Y ��S•� -+' \♦^ \V --.• � / � '-________ _\ ` �♦♦` ` � \ \I I III 1 I //
iii���... r' .� ♦-/� i�-, � '' � '' 1 � i j III II 11 � \ I
r4 j y I —
% _-- _ /17.
qv";
1 1
---------- ♦ \ i
_-------'-------- •�
-- --
--- =_ _--------= __ __:- i ; � �`♦ �_ mod'
a
Q
� o
~ 0 w N
V -1 u &! `°
``
JF,
r'�lP �✓� �== � ��;.. ;����� � Yid
0
67
w
I(I�ol(Irlil� i (
�
I ll a
w
• s;�1/l0��1`� � � _ � y flli��� z
AII r_ O
r� w�
iz w Cy
MIII
I�111�U�111, 1(�
w
�Jf/�., i rlr (SmU'
�)
�� �� aiZ'
U�
E
U
N
Q
W�/
Do -7
L
10s�
� �
I
QLU
I
�lt�l 11111
i�� C'
s
� U
o
Z Q
O
Z8
o
N
W Q
U
�
N
m
w�
U
W
W Q
J
O
N .-.
Q
H N
Z Q
O W
�
o
N .-.
m N
O
F
It
U
Q
W
a
W
a
W
Q
W
q
W
K
K
K
K
K
U
Q
Q
Q
Q
Q
rn
�I
w
a
V
d
LU
LL
LL
D
m
J
W
O
Rl
w w w
Z W cn Zm Zm Zm
H oz Oz 0z
J Q a a_ a_
LU EL
U- Q
m g 71
LU
LU
< -1 F-I E
d
o
J OR
LA
CL
m �-
C2
U o
L d x
S
=�
/,
1 I
-w
low[ �6 0
AFA
y I1jj
v/ r
—0ug
W 02
's
I�
U
v
I
V
a
M
N
W
Q
V
d
u1
LL
LL
D
0o
Rl
� J
117 T
'
\ X 111\
(-4
Lu
C
o
N
z
Z Q
W O
W
z z
3 N
r a w
� z
� w
_
uy^
a a
Q� o�
2
..
w N
3 —
z
w z
N Z W
N
a �
Q W R
Z O
r
IS
W
m u
y U
Y
z Q
J
Wa
> K
p
O
—
N
a
z
O
z
z
0
0
z
N
V<
V
U
U
0 y U
yin
RM
7 \i
4/ 4 1 ) 4 4 4
�-
4
�%' i4 4/ 4
LL
Rl
0
o co m cD co co m
o c o
O
z J J w w s z o
w w
W 3 3 J o
J r
U w w w
O ¢ ¢ O o LfJ O LfJ
d w w w co co
a a
III
o � � Lo
U
W
� o �
LO co I0
0
L9 89E u
fV
�
J
O w
8Z bS£
oO
o
Q
o in
96 l5E
U
�^ ��
N j
c/1
_
>Nz
M
d
0o
o
L x
s
P
0 69 69E
co
0
L
co CD
bo 89E
c/)
a_
££ 69E o�
\�
( \A A
�
b9�SSE o
/ —
IRD
co
co co co
co
M
� /
IV
Al/ /
w
U4-1
e
\1 _
'99E- M
\
\ ) ry/
ry
LU
I� A
ow
00
00
CC
Rl