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Home My WebLink About20140710 Ver 1_USACE Permit_20140804RECEIVED N C Dept of ENR U.S. ARMY CORPS OF ENGINEERS AUG 0 4 2014 WILMINGTON DISTRICT Winston -Salem Action Id SAW- 2013 -01863 County Guilford U S G S Quad NC- GUILFORD I Regional Office GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permitee Key Kasravi HDC- Wendover- Greensboro Partners, LP Address 12335 Kingsride Lane, Suite 280 Houston, Texas 77024 Telephone Number 416 - 907 -9915 Size (acres) 15.15 (three properties) Nearest Town Greensboro Nearest Waterway Bull Run River Basin Deep. North Carolina. USGS HUC 3030003 Coordinates Latitude 36.05446 Longitude. - 79.909154 Location description The 15.15 acre project area is located directly north of West Wendover Avenue and south of Sapp Street in the city of Greensboro, Guilford County, North Carolina. The three properties covered by this action are Parcel Numbers: 0151172 (3.96 acres), 0151152 (4.33 acres), and 0151161 (6.86 acres). Description of projects area and activity Proposed is the development of a retail shopping center on the 15.15 acre project area and adiacent properties. This verification allows for 0.464 acres of permanent wetland impacts in order to develop infrastructure and 274 linear feet of permanent stream impacts for the placement of two culverts. Mitigation is required for these permanent impacts to Jurisdictional Waters of the U.S. (WOUS). Future impacts to WOUS for this project, including impacts on adjacent properties, will be considered cumulative. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization Nationwide Permit Number- NWP 39 Commercial and Institutional Developments. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 07/11/2014. 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 cominenced (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 Quality (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 m 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 Craig Brown at 919 -554 -4 R4 x35 or CQg.J.Brown(i�usace.army.mil Corps Regulatory Off Expiration Date of Verification 03/18/2017 My 31, 2014 SAW- 2013 -01863 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 33 1) 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 and Section 404 of the Clean Water Act 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 of the US and/or wetlands within the above described project area 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 Action ID. SAW- Basis for Determination: The wetlands on the property exhibit the required three parameters of wetland plants, hydric soils and wetland hydrology outlined in the 1987 Army Corps of Engineers Wetlands Delineation Manual and the Piedmont and Eastern Mountain Supplement. The wetland on the property drains to an unnamed tributary located on the property which showed evidence of an OHWM through the presence of a definitive bed and bank. The unnamed tributary flows to Bull Run and then to Deep River and then the Cape Fear River, a traditional navigable water. Remarks: Ditch and overland flow that connects the stormwater retention pond north of Sapp Road to Area 1 and Stream No. 1 was determined to be non- iurisdictional. E. Attention (USDA ]Program Participants This delmeation/determmation 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 jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional 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 Attu 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 deterinine that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, 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 September 29, 2014 * *It is not necessary to submit an RF nn to the l, ision Office if you do not object to the determination in this correspondence* Corps Regulatory Official. raig Brown Date of JD July 31, 2014 Expiration Date of JD- July 31, 2019 0 D t � D r I � m A� n � O �+ O Ica wb dT - - -- -- w \$ m FF a L A F � I m m� afi o rn ti ti rn rn sn x rn 70 N � b O O A � y —SC SL rn z � H O Y W O n fIa a1 1 s - =y 9 RETAIL DEVELOPMENT ,Ax THE RAIDEN GROUP, LLG k 9 HE5T HENDOVER AVE 1 5APP ROAD FRIENDSHIP TOHN5HIP, 6VILFORD COUNTY 6REEN500RO, NORTH CAROLINA 4 SAW- 2013 -01863 SPECIAL CONDITIONS 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.