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Home My WebLink About20190875 Ver 2_SAW-2019-00485_NWP 29_01252023_20230125U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2019-00485 County: Henderson GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Applicant: Haywood Park, LLC / Attn: Luis Graef Address: 3827 NW 126th Avenue Coral Springs, Florida 33085 Telephone Number: 954-963-9331 Email: lgraef@etiflorida.com Location description: The site is located on a tract of land which is comprised of 7 adjoining parcels (PINs: 9650069662 (1.85 ac); 9650161443 (1.99 ac); 9650164056 (2.05 ac); 9650163229 (2.52 ac); 9650164528 (2.77 ac); 9650165805 (2.14 ac); 9650175207 (5.16 ac)) to the northeast of the intersection of Haywood Road and Haywood Park Estates in Henderson County, North Carolina Description of projects area and activity: The proposed project consists of the construction of a residential development. Activities to be authorized are comprised of the permanent placement of fill within 0.466-acre of wetlands. In addition, approximately 49 linear feet of stream and 0.005-acre of wetland would be temporarily impacted during construction. Special Conditions: To offset the impacts to 0.466-acre of wetland, credits for at least 0.58-acre of wetlands (1.25:1 mitigation ratio) shall be purchased. Documentation of this credit purchase shall be provided to this office prior to commencement of any placement of fill material within jurisdictional waters of the U.S. Notes: The trout moratorium has been waived for this project. Please refer to and consider the recommendations to minimize impacts to fish and wildlife species in the attached letter from the North Carolina Wildlife Resources Commission, dated December 15, 2022. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: Nationwide Permit 29 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, above noted special conditions, and your submitted application and attached information dated November 28, 2022 and the subsequent updated documents dated January 2023. 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/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional 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/regional permit. If the nationwide/regional 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/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional 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. 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 Brooke Davis at 828-271-7980, ext. 4232 or brooke.a.davis@usace.army.mil. Corps Regulatory Official: Brooke Davis Expiration Date of Verification: March 14, 2026 Copies Furnished (via email): Tyson Kurtz, ClearWater Environmental, an EnviroScience Company Andrew Moore, NCDEQ-DWR Andrea Leslie, NCWRC Date: January 25, 2023 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 our Customer Satisfaction Survey located at: https://regulatory.ops.usace.army mil/customer-service-survey/ PROPOSED PUBUC GRAVITY SEWER (TYP) IMPACT W3 — TEMPORARY UTIUTY CONSTRUC110N IMPACT TO WETLAND WATERS (SEE NOTE 1)(0.003 AC *) IMPACT W4 — TEMPORARY UTIUTY CONSTRUC110N IMPACT TO WETLAND WATERS (SEE NOTE 1)(0.002 AC ±) IMPACT S1 — TEMPORARY U11UTY CONSTRUC110N IMPACT TO NON —WETLAND WATERS 3 (0.003 AC ±, 27.0 LF) ) IMPACT S2 — TEMPORARY UTIUTY CONSTRUC110N IMPACT TO NON —WETLAND WATERS (0.003 AC *, 21.7 LF) 0.93 AC LOT:10 1.01 AC LOT:16 1.42 AC LOT: 4 1.25 AC LOT:2 0.59 AC 0.57 AC LOT:11 0.53 AC LOT:17 0.59 AC LOT:6 0.59 AC LOT:12 0.50 AC 0.64 AC LOT:13 0.56 AC PROPOSED PRIVATE STORM WATER PIPE (TYP) IMPACT W5 — PERMANENT ROADWAY CONSTRUC110N IMPACT TO WETLAND WATERS (0.318 AC t) EXISTING NON —JURISDICTIONAL • I Minn HOMERND TO BE FILLED CONSTRUC110N FOR An I I 1 I ,h 3 I 1 I GRAPHIC SCALE 150 300 ( IN FEET ) M LOT:8 0.64 AC PROPOSED ROADWAY (TYP) EXISTING WATER — MAIN (TYP) EXISTING NON —JURISDICTIONAL WETLAND TO BE FILLED FOR U11UTY CONSTRUC110N 0.64 AC LOT:14 0.82 AC IMPACT W2 — PERMANENT RESIDENTIAL CONSTRUCTION IMPACT TO WETLAND WATERS (0.001 AC t) LOT: 18 1.02 AC LOT:15 0.95 AC PROPOSED PUBUC WATER EXTENSION (TYP) LOT:19 0.92 AC NN IMPACT WI —PERMANENT RESIDENTIAL CONSTRUC110N IMPACT TO WETLAND WATERS (0.147 AC ±) NOTES: 1—TEMPORARY DISTURBED WETLAND AREAS WALL HAVE WETLAND SOILS RETURNED TO PRE —CONSTRUCTION GRADE. TEMPORARY DISTURBED WETLANDS WILL BE RE —VEGETATED MTH A NA11VE WETLAND SEED MIX (ERNMX-308 NC PIEDMONT FACW MIX, ERNMX-305 NC MOUNTAIN FACW MIX. OR EQUIVALENT) AND STABIUZED WITH COIR MATTING. EXISTING STREAM SURVEYED BY ASSOCIATED LAND SURVEYORS LEA PERMANENT IMPACT TEMPORARY IMPACT NON —JURISDICTIONAL IMPACT UNIMPACTED WETLAND JURISDICTIONAL WATER OF THE US STREAM WETLAND IMPACTED LF IMPACTED AC WA WA WB IMPACTED AC SA 48.7(TEMPORARY) .006 (TEMPORARY) SB 0 0 .148(PERMANENT) .005 (TEMPORARY) .318(PERMANENT) TOTAL TEMPORARY 48.7 TOTAL PERMANENT 0 0.006 0 0.005 0.466 WGLA Engineering WGLA ENGINEERING, PLLC 724 5th AVENUE WEST HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 HAYWOOD PARK SUBDIVISION HENDERSON COUNTY NORTH CAROLINA \\ \\1111111111 �, / e i rm tvy NQcor Construction L. DE-\; , REVISIONS DATE DESCRIP110N Know what's below. Call before you dig. PROJECT NUMBER: 22130 DATE: 1-16-23 DRAWN BY: JRC CHECKED BY: JLD STREAM IMPACTS FIGURE 5.0 SCALE: 1 "=150' ision\dwgAStream Impact Exhi \ USERS \Jared\Graef —Ha ywood Crossing NATURAL GROUND 1—.1 1~ 2+ NDO 2A.':: CB ,` EXCAVATED �•�� 4 MATERIAL TEMP. 18' CMP FOR STREAM FLOW FILTER FABRIC CLASS B RIPRAP (REMOVE AFTER CONSTRUCTION CR REUSE FOR STREAM BANK STABILIZATION) 6' OF #57 WASHED STONE WIDTH VA ES 10' SECTION B—B NOTE ALL DISCHARGE FROM DEWATERING THE WORK AREA SHALL BE PUMPED TO EITHER A TEMPORARY SEDIMENT TRAP OR DEWATERING SILT BAG PER DETAILS 4' MIN. 2' SECTION A —A TEMP. 18- CMP FOR STREAM FLOW SANDBAGS STREAM BED PROPOSED WATER OR SEWER UNE NOTE: STABIUZE STREAM BANK PER DETAIL AFTER PIPE INSTALLATION 6" OF #57 WASHED STONE B B NATURAL GROUND EXTEND FILTER FABRIC 12' INTO CHANNEL BANK CLASS 8 RIPRAP (18' MINIMUM THICKNESS) PLAN FILTER FABRIC BLANKET (MIRAFI 140N OR APPROVED EOUAL) TOP STREAM BANK 7 A ANDBAGS TEMP. 18' CMP FOR STREAM FLOW PROPOSED WATER OR SEWER UNE RIPRAP DAM DATE: 01/12/2019 SS-D DWG. NO. 21 SCALE: NOT TO SCALE City of Hendersonville Engineering Department 305 Williams Street Hendersonville, NC 28792 (828) 697-3000 (office) www.cityofhendersonville.org WGLA Engineering SMALL CREEK CROSSING WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 HAYWOOD PARK SUBDIVISION Henderson County North Carolina Stream Impacts Figure 5.1 Job #: 22130 Date: 10-31-22 Scale: NTS NOTE: - MATTING SHALL BE COIR FIBER, 750 GRAM PER SQ. METER WITH NOMINAL 0.50 IN. OPENING SIZE. - TO BE USED FOR MINOR STREAM CROSSING LOCATIONS. - SEEDING TO BE RIPARIAN MIX (ERNST MIX 304, ERNST MIX 307 OR EQUIVALENT) ANCHOR MATTING IN 8" TRENCH 1' MIN. I -I SMOOTH SURFACE, REMOVE ALL DEBRIS AND SEED/MULCH BEFORE PLACING MATTING 2:1 MAX SLOPE FOR SIDE OF BANK MATTING ANCHORED 1' BELOW STREAM OR WETLAND BED WGLA Engineering MATTING PLACED FLUSH WITH BANK SURFACE, LAP OVER DOWNSTREAM/DOWN SLOPE SEAMS 12" WOOD STAKE PLACED IN 3' O.C. DIAMOND PATTERN STREAM BED EXTEND MATTING A MIN. OF 6" BELOW WETLAND BED. STREAM BANK STABILIZATION DETAIL NOT TO SCALE C 0\\0\11111 iii if CAR /// / NotFor L.DE WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 HAYWOOD PARK SUBDIVISION Henderson County North Carolina Stream Impacts Figure 5.2 Job #: 22130 Date: 10-31-22 Scale: NTS 4 North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director December 15, 2022 Ms. Brooke Davis U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Haywood Park Estates Wetlands and UTs to Mill Pond Creek, Henderson County Dear Ms. Davis: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to permanently fill 0.466 acre of wetland and temporarily impact 0.005 acre of wetland and 44 ft of an unnamed tributary (UT) to Mill Pond Creek in Henderson County. Our comments on this application are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Wild trout should not be impacted by project activities, and a trout moratorium is not required for the project. Mitigation is proposed at a 1:1 ratio; as it appears that much of the wetland has formed in the past several years, and NCWAM scores are low, we have no objection to this proposal. We offer the following recommendations to minimize impacts to fish and wildlife: 1. Limit impervious surface to less than 10% or use stormwater control measures to mimic the hydrograph consistent with an impervious coverage of less than 10%. 2. Use non-invasive native species and Low Impact Development (LID) technology in landscaping. Using native species instead of ornamentals should reduce the need for water, fertilizers and pesticides. Using LID technology in landscaping will not only help maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of the site. 3. Limit native vegetation clearing as much as possible. Maintain open space areas with native vegetation and maintain the undeveloped area to the north as a forested green space. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Haywood Park Estates Page 2 December 15, 2022 Wetlands and UT Mill Pond Cr, Henderson Co Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-4223 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator, Habitat Conservation Program ec: Tyson Kurtz, ClearWater Environmental Andrew Moore, NC Division of Water Resources Action ID Number: SAW-2019-00485 County: Henderson Permittee: Haywood Park, LLC / Attn: Luis Graef Project Name: Haywood Park Estates Date Verification Issued: January 25, 2023 Project Manager: Brooke Davis 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.: Brooke Davis 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 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