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HomeMy WebLinkAbout20220896 Ver 1_SAW-2022-00653 NWP 29 Verification_20221006U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00653 County: Forsyth U.S.G.S. Quad: NC -Rural Hall GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Carolina Development Services, LLC Jonathan McCall Address: 2627 Breckenridge Centre Drive Monroe, North Carolina 28110 Telephone Number: (704) 774-1964 E-mail: imccall(&carolina-development.com Size (acres) 150 Nearest Town Rural Hall Nearest Waterway Muddy Creek River Basin Yadkin USGS HUC 03040101 Coordinates Latitude: 36.205437 Longitude:-80.3205 Location description: The project area is identified as an approximate 150-acre tract of land located on Forsyth County, North Carolina Parcel 6809966493. This parcel is located west of the intersection of Bethania Rural Hall Road and Mimah Church Road, in Rural Hall, Forsyth County, North Carolina. Work in waters of the United States (U.S.) will occur within the headwaters of Muddy Creek, a direct tributary of the Yadkin River (8-di0t HUC: 03040101). Description of projects area and activity: The applicant, Carolina Development Services, LLC, has requested a department of the Armv authorization to discharge fill material into waters of the U.S. in coniunction with the construction of the Long Creek Village residential development. Proiect activity will involve the construction single and multi-familv residential lots along with associated infrastructure and amenities. Implementation of the proposed proiect will permanently impact 0.374 acre of wetland and 202 linear feet (0.007 acre) of stream channel, and temporarily impact 45 linear feet of stream channel. Proiect activity will also involve the placement of a riprap dissipator along 15 linear feet of stream channel. Upon proiect completion, all temporarily disturbed areas would be returned to their pre -disturbed elevations and contours. The proposed proiect activity will also involve the installation of a bottomless arched culvert which would result in indirect impacts to 87 linear feet (0.08 acre); including 15 linear feet of riprap. This impact is not considered a loss. Compensatory mitigation is required at a minimum of 1:1 mitigation to impact ratio for all wetland losses that exceed 1/10- acre. Therefore, the applicant has proposed to purchase 0.75 wetland mitigation units from Restoration Systems, LLC's RS Yadkin 01 UMBI, Brushy Mountain Mitigation Bank, to offset the loss of aquatic function to 0.374 acre of wetland. 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 6/30/2022, and the enclosed plans dated 9/8/2022. 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. 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 Samantha Dailey at (919) 554-4884, EXT. 22or Samantha.J.Dailcvnusace.armv.mil. Corps Regulatory Official: 1�7Ca4x' e-111Z4 Date: 10/06/2022 Expiration Date of Verification: 3/14/2026 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 hM2:HcoKpsmapu.usace.ariny.mil/cm apex/f?p=l36:4:0 Copy furnished: Agent: Pilot Environmental, Inc. David Brame Address: 743 Park Lawn Court Kernersville, North Carolina 27284 Telephone Number: (336) 708-4617 E-mail: dbrame( )pilotenviro.com Property Owner: BHR Land Holdinp_s, LLC Ben Russell Address: 4389 Indian Trail Fairview Road Indian Trail, North Carolina 28079 Telephone Number: (707) 288-7826 E-mail: benAyinnaclehomcusa.net SAW-2022-00653 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. Action ID Number: SAW-2022-00653 County: Forsyth Permittee: Carolina Development Services, LLC Project Name: Lone Creek Village Date Verification Issued: 10/06/2022 Project Manager: Samantha Dailey 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: Samantha Dailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or Samantha.J.Dailey@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 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Carolina Development Services, LLC Project Name: Long Creek Village Action ID: SAW-2022-00653 County: Forsyth 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: 03040101, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) RiparianRiverine Warm Cool Cold Riparian Non-Riverine Non -Riparian Coastal 0.374 *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: 03040101, Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Riparian Riparian Non - Warm Cool Cold Non -Riparian Coastal Riverine Riverine 0.75 Mitigation Site Debited: Restoration Systems, LLC's RS Yadkin 01 UMBI, Brushy Fork Mitigation Bank (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 Version 10 June 2020 updated CESAW-RG (File Number, SAW-2022-00653) 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 Restoration Systems, LLC, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 6/27/2022 was included with the preconstruction notification. 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: I) 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(a usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. 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