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HomeMy WebLinkAbout20190635 Ver 2_2019-00781 NWP 29 Tearsheet - Tracts 1 and 5_20220728U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00781 County: Guilford U.S.G.S. Quad: NC -Guilford GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Sedgefield NC. LP c/o Craig Davis Properties, Inc. Attn: Greg Jonczyk Address: 5790 Fleet Street, Suite 300 Cary, NC 27513 Size (acres) —43 Nearest Town Greensboro Nearest Waterway Reddicks Creek River Basin Cape Fear USGS HUC 03030003 Coordinates 36.020640,-79.889768 Location description: The project area is located between High Point Road and West Gate City Boulevard, just west of Alamance Road, in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.057 acre of riparian non-riverine wetlands and the temporary discharge of fill material into 0.006 acre (38 linear feet) of stream channel and 0.057 acre of riparian non-riverine wetlands, necessary for access and infrastructure for a residential development within tracts 1 and 5 of the Pilot at Sedgefield phased development. Impacts authorized for this activity are considered cumulative with the overall Pilot at Sedgefield single and comnlete nroiect. "Reference also Corns authorizations issued under senarate cover for other nhases of the Pilot at Sedgerield single and complete proiect: • NWP 12 verification dated 10/25/2019, Action ID SAW-2019-00781, and • NWP 29 verification dated 10/28/2019, Action ID SAW-2018-01939. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 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 attached Conditions, your application signed and dated 4/25/2022 (received 4/26/2022), additional information received via email on 6/30/2022, and the enclosed plans "Pilot at Sedgerield, Overall Wetland and Stream Impact Exhibit- June 1, 2022", "Pilot at Sedgerield, Overall Wetland and Stream Impact Exhibit- April 18, 2022", "Pilot at Sedgerield, Detailed Impact "A" Exhibit- Auril 18, 2022", "Pilot at Sedgefield, Culvert Crossing Impact Exhibit- April 18, 2022", "Pilot at Sedgefield, Detailed Impact "B" Exhibit- April 18, 2022", and "Pilot at Sedgefield, Detailed Impact "C" Exhibit- April 18, 2022." . 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. Page 1 of 2 Form Version 10 June 2020 updated SAW-2019-00781 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) 817-2436 or David.E.Bailev2(a)usace.armv.mil. Date: 2022.07.28 11:39:33-04'00' — , Expiration Date of Verification: 3/15/2026 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://regulatory.ops.usace.army.mit/customer-service-survey. Copy furnished electronically: Brad Luckey, Pilot Environmental, Inc. Sue Homewood, NCDEQ-DWR SAW-2019-00781 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) Areas of temporary wetland impact must be restored to pre -construction elevations, with the top 6 to 12 inches of the trench backfilled with topsoil from the trench, and seeded with a regionally appropriate native wetland or riparian seed mix; 3) Areas of temporary stream impacts must be restored to pre -construction grade and contour, and the stream banks stabilized with natural fiber matting (e.g. coir or jute), and seeded with a regionally appropriate native riparian seed mix; 4) Based on consultation with the State Historic Preservation Office pertaining to Section 106 of the National Historic Preservation Act, the following conditions are required: a. When working with the historic property boundary (per the attached "Pilot Life Insurance Company Home Office Greensboro, Guilford County, NC National Register Boundary"), minimize disturbances caused by using machinery during staging and operations. This includes minimizing removal of healthy vegetation, situating lay down/prep areas within previously disturbed areas or outside of the historic property (preferred) and avoiding the use of vehicles or heavy machinery on unpaved ground surfaces if the area is inundated or has recently received heavy rainfall. Use protection mats or plywood to protect unpaved surfaces. Buffers should be designated around structures within the historic property boundary and should be clearly marked using high visibility construction fencing, bollards, or hay bales. b. Areas impacted by construction activities should be returned to pre -construction condition upon project completion. Any plans to not return impacted areas within the historic property to preconstruction condition should be submitted to SHPO for review and comment. c. Submit photographs of all work completed within the historic property boundary SHPO for review and comment. 5) Please note that this project is considered cumulative with all current and future phases of The Pilot at Sedgefield development with respect to compensatory mitigation and Nationwide Permit thresholds. As such, impacts permitted for this project (SAW-2019-00781) are considered cumulative with impacts permitted during phases authorized and documented under Action ID: SAW-2018-01939. Corps Regulatory Official: �gl Date: 2022.07.28 11:39:07-04'00' Date: 07/28/2022 Expiration Date of Verification: 3/15/2026 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Sedgefield NC. LP c/o Craig Davis Properties, Inc. (Attn: Greg Jonczyk) Action ID: SAW-2019-00781 Project Name: Pilot at Sedgefield tracts 1 and 5, Greensboro, Guilford County 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: 03030003, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.057 *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: 03030003, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.114 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. • The compensatory mitigation requirement equates to wetland impacts to 0.057 acre at a 2:1 ratio (permanent fill). 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, NC27587 (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: David E. Bailey USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heirtage Tade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: David.E.Bailey2@usace.army.mil Date: 2022.07.28 11:38:53-04'00' July 28, 2022 Wilmington District 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.mi1. 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LP c/o Craig Davis Properties, Inc. (Attn: Greg Jonczyk) Project Name: The Pilot at Sedgefield / Tracts 1 and 5 / Greensboro / Guilford County Date Verification Issued: 07/28/2022 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