HomeMy WebLinkAbout20150437 Ver 1_USACE Permit_20150601r� — oLA Jl
N C P'ePt of ENR
U.S. ARMY CORPS OF ENGINEE S
WILMINGTON DISTRICT JUN 0 1 2015
Winston -Salem
Action 1d SAW- 2015 -00989 County Guilford U S G S Quad
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee Lomanaco Properties, LLC
attn: Jon Ford
Address P.O. Box 474
Summerfield, NC 27558
Size (acres) 24.37 Nearest Town McLeansville
Nearest Waterway UT to Little Alamance Creek River Basin Haw. North Carolina.
USGS HUC 3030002 Coordinates 36.099303 N, - 79.661427 W
Location description The parcel is located in the southwestern quadrant of the intersection of Birch Creek and McLeansville
Roads, at 128 Birch Creek Road, in McLeansville, Guilford County, North Carolina.
Description of projects area and activity The project involves permanent impacts to 0.087 acre of riparian, non - riverine
wetlands and 0.058 acre of pond for the construction of a residential subdivision (Taylors Landing) including lot fill and an
access road.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Nationwide Permit Number NWP 29 Residential 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 5/1 /2015 (received 5/4/2015) and additional
information received via email 5/26/2015. 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 1s 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 (1 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 (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 David Bailey at 919 -554 -4884 ext. 30 or David. E.BaileyVibusace.army.mil
BAILEY DAVID E 1379 79 79 °by e"1fVOANOEp79-736
Corps Regulatory Official 283736 �- o, eb`,4 a� "'.� "Pa Date 5/26/2015
Expiration Date of Verification 03/18/2017
Copy furnished
Sue Homewood, NCDENR -DWR, 450 W Hanes Mill Rd, Suite 300, Winston- Salem, NC 27105
Michael Brame, Pilot Environmental, Inc, P O Box 128, Kernersville, NC 27285
Homer S Wade, Borum, Wade, and Associates, P A, P 0 Box 21882, Greensboro, NC 27420 -1882
SAW = 201`5` 00989 Special Conditions:
1) The following` deed notification should be included in the recorded restrictive covenants for the
subdivision before property containing wetlands is conveyed. Any alteration to this language
should be approved before incorporation.
"A portion of subdivision has been determined to meet the requirements for designation as a
wetland. Any subsequent fill or alteration of this area shall conform to the requirements of the
federal rules addressing wetland impact noted in the Code of Federal Register at the time of the
proposed alteration. The intent of this provision is to prevent additional wetland and stream
impact, so the property owner should not assume that a future application for filling or alteration
would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is to run with the land and shall be binding on
all parties and all persons claiming under them."
BAILEY. DAVID. Di9tzl ,I9 °.ds,�AI,YDA�DEI „9a,3A
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E.1379283736 Co rp s Regulatory Official l
_� "pl=oszbl=193a�w Date 5/26/2015
David E Bailey
Expiration Date of Verification: 03/18/2017
Vr
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 5 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 according to the
most recent version of the applicable Regional Supplement to the 87 Manual. The waters on site include an unnamed
tributary (UT) to Little Alamance Creek — a Relatively Permanent Water (RPW) that flows via two other UTs and Little
Alamance Creek (all RPWs) to Big Alamance Creek (RPW), an RPW that becomes a Traditionally Navigable Waterway — and
abutting wetlands and an impoundment. This determination is based on a field verification by David E. Bailey (USACE) on
5/13/2015.
E. Attention USDA Program Participants
This delineation /determination 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
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 7/26/2015
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence **
oiyn+iy 1111 e" er.rtlr onwo 11371111711
BAILEY.DAVID.E.I379283736,, A ro.
Corps Regulatory Official
David E. Bailey
Date of JD 5/26/2015 Expiration Date of JD 5/26/2020
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 furmshed
Sue Homewood, NCDENR -DWR, 450 W Hanes Mill Rd, Suite 300, Winston - Salem, NC 27105
Applicant Lomanaco Properties, LLC I File Number SAW- 2015 -00989 I Date 05/26/2015
Attached is See Section below
❑ 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' :Ttie'followmg iden`t`ifies` y ur ri'glits" and options'r`egardmg,an adm�nistratrve1,appe 'Abfitfieeabove decis "ion ' 'Al
Addrt�onahmformat`on may b6tound at -hap / /www usace anny mii/ Missions/ CivilWorks /ReeulatoryProgramandPennits aspa=-
Pollhe�Cor bs_regulations,at,33`z,CFR Part- 33x
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT If you received a Standard Permit, you may sign the pen-nit 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 detennmed 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 terns and conditions therein,
you may appeal the declined 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
C: PERMIT DENIAL: You may appeal the denial of a pen-nit 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
mfonnation
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
FA
E: PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the
prehmmary JD The Preliminary JD is not appealable If you wish, you may request an approved JD (which maybe 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
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SECTION =II RE, , UEST�F® R��PP, EALior, OBJECTIONST— O` A' N $PINITI�AL;PR®.FFEtR�E ®�PERMIWT « k'
REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record )
ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record
However, you may provide additional information to clarify the location of information that is already in the administrative
record
�POINTAOF�C (ONT�AC�TIFOR`�UES_TION$'�.QR
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 investi ations
Date Telephone number
Signature of appellant or agent
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Bailey, 69 Darlington Avenue, Wilmington, North Carolina
28403
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- 2015 -00989 County: Guilford
Permittee: Lomanaco Properties, LLC (attn: Jon Ford)
Project Name: Taylor's Landing / 128 Birch Creek Road / McLeansville / Guilford County /
residential
Date Verification Issued: 5/26/2015
Project Manager: David E. 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:
US 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