HomeMy WebLinkAbout20200473 Ver 3_SAW-2022-01114 NWP 39 Verification_20230109Baker, Caroline D
From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>
Sent: Monday, January 9, 2023 3:03 PM
To: Jennifer Burdette
Cc: Thomas, Zachary T
Subject: [External] SAW-2022-01114 (Green Level Mixed -Use Development) Nationwide Permit
39 Verification
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Dear Jennifer Burdette,
Attached to this message is your requested Section 404 permit authorization for the following project:
Green Level Mixed -Use Development in Cary, Wake County, North Carolina
Also, attached are the corresponding regional and general conditions and a copy of the permit compliance certification.
Please note that the attached conditions must be strictly adhered to for this permit authorization to remain valid and
that the compliance certification must be returned to this office when the work is completed.
This electronic copy is your official Department of the Army Notification; no paper copy will be mailed, unless specifically
requested.
Please contact me if you have any questions or concerns regarding this permit verification. Thanks.
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: (919) 441-3637
Fax: (919) 562-0421
Email: April.R.Norton@usace.army.mil
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01114 County: Wake U.S.G.S. Quad: NC-Green Level
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Duke University Health System, Inc.
Attn: Monte Brown
Address: 324 Blackwell Street
Durham, North Carolina 27701
Telephone Number: 919.286.8335
E-mail: Julie.somarriba@duke.edu
Size (acres) 48 Nearest Town Cary
Nearest Waterway White Oak Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.7845
Longitude: -78.8920
Location description: The project area is located at 3208 Green Level West Road in Cary, Wake County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.199 acre of
riparian non riverine wetlands and 147 linear feet (0.231 acre) of stream channel with 130 linear feet (0.02 acre) resulting in a
loss of waters of the US. This verification also authorizes the temporary discharge of fill material into 0.017 acre of riparian
non riverine wetlands and 69 linear feet of stream channel.
Applicable Law(s): ☒Section 404 (Clean Water Act, 33 USC 1344)
☐Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 29 – Commercial Development
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 11/9/2022, and the enclosed plans “Green Level Mixed-Use Destination Center”
dated 11/8/2022. 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 April Norton at 919-441-3637or April.R.Norton@usace.army.mil.
Corps Regulatory Official: _____________________________________________________Date: 01/09/2023
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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Natural Resource Consultants
Attn: Jennifer Burdette
Address: 308 W Millbrook Road
Raleigh, North Carolina 27609
Telephone Number: 919.422.3605
E-mail: burdette@nrconsultnc.com
SAW-2022-01114
SPECIAL CONDITIONS
a. 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-2022-01114 County: Wake
Permittee: Duke University Health System, Inc. , Attn: Monte Brown
Project Name: Green Level Mixed-Use Destination Center
Date Verification Issued: 01/09/2023
Project Manager: April Norton
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: April Norton
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
April.R.Norton@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
Page 1 of 2 Form Version 10 June 2020_updated
Compensatory Mitigation Responsibility Transfer Form
Permittee: Duke University Health System, Inc. Attn: Monte Brown Action ID: SAW‐2022‐01114
Project Name: Green Level Mixed‐Use Destination Center County: Wake
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
0.199
*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
0.400
Mitigation Site Debited: Cape Fear UMB – Cloud & Banner Mitigation Site
(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
CESAW-RG (File Number, SAW-2022-01114)
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 RES, confirming they are willing and able to accept the applicant’s
compensatory mitigation responsibility, dated 11/3/2022 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: 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: April Norton
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: April.R.Norton@usace.army.mil
01/09/2023
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.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Page 1 of 2 Form Version 10 June 2020_updated
Compensatory Mitigation Responsibility Transfer Form
Permittee: Duke University Health System, Inc. Attn: Monte Brown Action ID: SAW‐2022‐01114
Project Name: Green Level Mixed‐Use Destination Center County: Wake
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
130
*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
130
Mitigation Site Debited: Cane Creek UMB – UT to Pine Hill/Bethel Branch/South Fork Mitigation Sites
(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
CESAW-RG (File Number, SAW-2022-01114)
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 Wildlands Holdings, confirming they are willing and able to accept the
applicant’s compensatory mitigation responsibility, dated 8/26/2022 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: 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: April Norton
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: April.R.Norton@usace.army.mil
01/09/2023
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.
BUFFER IMPACTS
PROPOSED IMPACTS
ROAD CROSSING 2
PERMANENT
BL (9FNE 1 9,66S SF
465 SFNON-WETLAND)
15,043 SF NON -WETLAND)
TEMPORARY
13.2: TOTAL ZONE 1 6 SF
(4626 SF 2 NON -WETLAND)
(2, S96T SF NON-W ETIANDI
INFUSE 50-FT BUFFER
CARY UTB
CARY UM 100-FT BUFFER
LEGEND
ZONE 1 BUFFER IMPACTS -
PERMANENT
_ WETLAND IMPACTS PERMANENT
WETLAND IMPACTS -TEMPORARY
• STREAM IMPACTS TEMPORARY
• STREAM IMPACTS- PERMANENT (NO LOSS(
STREAM IMPACTS • PERMANENT
WETLANDS
STREAM
TEMPORARY
Zr=gER IMPACTS-
mid
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STREAM IMPACTS
PREVIOUSLY M
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ING
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WETLAND IMPACTS
PREVIOUSLY PERMITTED PROPOSED IMPACTS
TOTAL PERMANENT SANITARY SEWER EASEMENT
0.2S6 AC TEMPORARY
0.017 AC
MASS GRADING/ROAD
PERMANENT
MASS GRADING/ROAD
PERMANENT
W3: 0.004C
-INTERIM
WET -POND
�)�3 NE ION TO EXISTING
1 v 5gNITARV/SEWER '1 �Iw, 'PROJECT BOUM* K �_
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RIPARIAN BUFFER
ZONE'
EXISTING
WETLAND
PRELIMINARY DRAWING - NOT RELEASED FOR CONSTRUCTION
MCADAMS
The.. R. McAdams Company, Inc.
290S Meridian
Durham, NC 2n13Y
Frunze number: C-0293, C-182
wwwmcadamscorem
CLIENT
DUKE UNIVERSITY HEALTH SYSTEM
2200 WEST MAIN STREET, SUITE 0 DURHAM NORTH CAROLINA 23205
REVISIONS
PLAN INFORMATION
PROJECT NO. D1,11-21003
FILENAME DKH21003-EP
CHECKED BY THS
DRAWN BY KNO
SCALE
DATE 11.08,2022
SHEET
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LEGEND
ZONE 1 BUFFER IMPACTS -
PERMANENT
ZONE 2 BUFFER IMPACTS -
PERMANENT
WETLAND IMPACTS - PERMANENT
WETLAND IMPACTS -TEMPORARY
STREAM IMPACTS - TEMPORARY
STREAM IMPACTS - PERMANENT (NO LOSS)
STREAM IMPACTS - PERMANENT
WETLANDS
STREAM
ZONE 1 BUFFER IMPACTS -
TEMPORARY
ZONE 2 BUFFER IMPACTS -
TEMPORARY
IL\oukeheffih\OKH21003\04-Production\Water Resources \Construction DRWIngACarant Drawings \Eoviroomental Permitting \DKH21003X-EP.dwg,11/e/20229:41:s1 AM, Noel O'Neil
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MCADAMS
The John R. McAdams Company Inc.
2905 Meridian Parkway
Durham, NC 27713
phone 919. 361. 5000
fax 919. 361. 2269
license number: C-0293, C-187
www.mcadamsco.com
GREEN LEVEL MIXED -USE DESTINATION CENTER
IMPACT MAP
GREEN LEVEL WEST ROAD
CARY, NORTH CAROLINA
REVISIONS
NO. DATE
PLAN INFORMATION
PROJECT NO. DKH21003
FILENAME DKH21003-EP
CHECKED BY THS
DRAWN BY KNO
SCALE 1"=80'
DATE 11.08.2022
STREET"A"
(VARIABLE WIDTH PUBLIC R/W)
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PREDMINARY DRAWING- NOT RELEASED FOR CONSTRUCTION
MCADAMS
The John R. McAdams Company, Inc.
�haDrm, NC Parkway13
°Pas919361'22D9Dlicense number: C-0293, C-387
www.mwdamsco.eom
CLIENT
DUKE UNIVERSITY HEALTH SYSTEM
DURHAM. NORTH CAROLINA xnos
REVISIONS
GREEN LEVEL MIXED —USE
DESTINATION CENTER
CONSTRUCTION DOCUMENTS
GREEN LEVEL WEST ROAD
CARY, NORTH CAROLINA
PLAN INFORMATION
PROJECT NO. OKH-21003
FILENAME
BY
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PLAN AND PROFILE
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