HomeMy WebLinkAbout20141310 Ver 1_USACE Permit_20150413J
N C Dept of ENR
U.S. ARMY CORPS OF ENGINEERS APR 13 2015
WILMINGTON DISTRICT
Winston -Salem
Action Id SAW- 2013 -02235 County Guilford U S G S Quad NC- MCLEANSVI LE Regional Office
GENERAL, PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee AIROG McConnell LLC
attn: Buddy Seymour
Address 5603 New Garden Drive
Greensboro, NC, 27410
Agent ECS Carolinas, LLP
attn: Eric McClanahan
Address 3820 Faber Place Drive, Suite 500
North Charleston, SC 29405
Size (acres) —14 Nearest Town McLeansville
Nearest Waterway South Buffalo Creek River Basin Haw. North Carolina.
USGS HUC 3030002 Coordinates 36.056530 N, - 79.702592 W
Location description The proiect area is located at the western end of McConnell Center Drive, approximately 0.5 mi. west of
its intersection with McConnell Road in Greensboro, Guilford County, North Carolina.
Description of projects area and activity Construct a road crossing for development of one lot in an existing commercial
industrial park, including the permanent discharge of fill material in 140 linear feet of stream and 0.018 acre of wetlands.
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 NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
REMARKS: See also NW 18 permit verification dated 6/11/2014 for an earlier phase of the Osborne WRF single and
complete project.
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 12/12/2014 (received 12/15/2014), and
revised /additional information submitted 3/25/2015 via email. 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 commenced (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 occurrmg 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 regardmg this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Bailey at 919 -554 -4884 extension 30 or David.E.Bailey2(&usace.army.mil
Corps Regulatory Official �'�'�C/ Date 4/10/2015
Expiration Date of Verification 03/18/2017
Copy furnished
Sue Homewood, NCDENR -DWR, 450 W Hanes Mill Rd, Suite 300, Winston - Salem, NC 27105
A
I
SAW- 2013 -02235 Special Conditions:
1) Please note that future phases of the McConnell Center commercial/industrial Park and related
activities may be considered part of a single and complete project. Impacts of these future phases
may be considered cumulative, with respect to compensatory mitigation and Nationwide Permit
thresholds, with impacts permitted during earlier phases authorized and documented under
Action Ili: SAW- 2013 -02235 and related Action IDs. Current cumulative impacts to waters of the
US for this single and complete project include permanent impacts to 0.018 acre of wetlands and
140 linear feet (0.02 acre) of stream channel (loss of waters). This amounts to a total loss of waters
of the US of 0.038 acre.
Corps Regulatory Official - -� Date 4/10/2015
David E Bailey
Expiration Date of Verification: 03/18/2017
I
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 331)
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 site exhibits waterbodies with ordinary high water and wetland criteria as defined in the
applicable Regional Supplement to the 1987 Corps Wetland Delineation Manual. The waters on site include an unnamed
tributary (UT) to Little Alamance Creek — a Relatively Permanent Water (RPW) that flows via Little Alamance Creek (RPW)
to Big Alamance Creek, an RPW that becomes a Traditionally Navigable Waterway — and abutting wetlands. This
determination is based on a field verification by Craig Brown (USACE) on 11/15/2013.
E. Attention USDA Program Participants
This delmeation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request The delmeation/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
Attn Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone. (404) 562 -5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331 5, 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 6/9/2015
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence **
Corps Regulatory Official
David E. Bailey
Date of JD. 4/10/2015 Expiration Date of JD. 4/10/2020
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 online at http / /regulatory usacesurvey com/
Copy furnished
Sue Homewood, NCDENR -DWR, 450 W. Hanes Mill Rd, Suite 300, Winston - Salem, NC 27105
1011=11'' 11 , I IN 1
Oil" ®F ADMINISTp aT3IVE APPEAL OPT O+ S AND PROCESS AND
ARfE�Q,yUEST FOR APPEAL
NI
Applicant.
AIROG McConnel LLC File Number: SAW - 2013 -02235 Date- 04/10/2015
Attached
is
See Section below
F11
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The folfowmgideritifes your rights and options regard'nig an adinimstrative'appeal of the above decision
Additional information may be found ataor http //www usace.army mil/Missions/CivilWorks/RegulatotyProgramandPei-mits aspx
or the Corps regufations.at -33, CFR Part -331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT. If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may. (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit
• APPEAL- If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section I1 of
this form and sending the form to the division engineer This form must be received by the division engineer within 60 days
of the date of this notice
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT- You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL- If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice
1
E: PRELIMINARY JURISDICTIONAL DETERMINATION. You do not need to respond to the Corps regarding the
preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
_ F,SECTION II, - REQUEST QR,APPEAL or, OBJECTIONS)T I,; TIA,L ROFFEREDPERa MIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record )
ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that t_he review officer has determined is needed to
clarify the administrative record' Neither the appellant nor the Corps may'add new information or analyses'to the record
However, you may provide additional information to clarify the location of information that is already in the administrative
record
POINT OF CON ACT FORF ES,TIONS, OR. INRORIv_IATI®_N
_
If you have questions regarding this decision and /or the
If you only have questions regarding the appeal process you may
appeal process you may contact*
also contact.
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
attn: David E. Bailey
CESAD -PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303 -8801
Phone (404) 562 -5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date.
Telephone number.
Signature of appellant or agent
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Raleigh Regulatory Field Office, attn: David Bailey, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD -PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 -8801
Phone: (404) 562 -5137
Action ID Number: SAW- 2013 -02235 County: Guilford
Permittee: AIROG McConnell LLC (Buddy Seymour)
Project Name: McConnell Center Drive - Greensboro, Guilford County
Date Verification Issued: 04/1012015
Project Manager: David 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:
YTS ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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