HomeMy WebLinkAboutSAW-2020-00838_Permit.pdf U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.SAW-2020-00838 County:Wake U.S.G.S.Quad:NC-Lake Wheeler
GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION
Permittee: Brian Ketchem
Address: 11710 Plaza America Drive,Suite 1100
Reston,VA 20190
Telephone Number: 919-724-0624
E-mail: ketchembk(astanleymartin.com
Size(acres) 46.88 Nearest Town Raleigh
Nearest Waterway Wildcat Branch River Basin Neuse
USGS HUC 03020201 Coordinates Latitude:35.737751
Longitude:-78.628344
Location description: The proiect site is located south of Raleigh at 3115 Garner Road Raleigh,NC 27610 in Wake County.
Description of projects area and activity: This verification authorizes the constructions of a multi-family residential development.
Specifically,there are two(2)road crossings that impact streams and buffers,one(1)greenway crossing that impact streams,
wetlands,and buffers,two(2)aerial utility crossings that impact buffers,and two(2)SCM outfalls that impact buffers.The
impacts for road crossing#1 include 152-linear feet of permanent impact for a culvert,36-linear feet of permanent impact for
dissipator pad,and 21-linear feet of temporary impact for construction access.The impacts for road crossing#2 include 149-
linear feet of permanent impact for a culvert,62-linear feet of permanent impact for dissipator pad,and 29-linear feet of
temporary impact for construction access.The impacts for the greenway crossing include 72-linear feet of permanent impact
for a culvert,12-linear feet of permanent impact for dissipator pad,65-linear feet of temporary impact for construction access,
and 0.001 acres of permanent impact for wetland fill.
Applicable Law(s): ❑X 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 4/19/2023,and the enclosed plans dated 4/19/2023.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 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(LAMA),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 conjact Cristin Alexi Archer at 912-837-9860 or Cristin.A.Archerna,usace.army.mil.
Corps Regulatory Official: Date: 6/20/2023
Expiration Date of Verification. 3/15/2026
SAW-2020-00838
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-2020-00838 County: Wake
Permittee: Brian Ketchem,
Project Name: Garner Road Site/3115 Garner Road/Raleigh NC /Wake County
Date Verification Issued: 6/20/2023
Project Manager: Cristin Alexi Archer
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: Lyle Phillips
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
George.L.Phillips@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
Compensatory Mitigation Responsibility Transfer Form
Permittee: Brian Ketchem Action ID: SAW-2020-00838
Project Name:Garner Road Site/3115 Garner Road/Raleigh NC/Wake County 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:03020201, Neuse River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
237
*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:03020201, Neuse River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
474
Mitigation Site Debited: Neu-Con Wetland &Stream Umbrella Mitigation Bank; Bucher 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
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 Resource Environmental Solutions,LLC,confirming they are willing and able to
accept the applicant's compensatory mitigation responsibility,dated 4/17/2023 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: Cristin Alexi Archer
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive,Suite 105
Wake Forest, North Carolina 27587
Email: George.L.Phillips@usace.army.mil
6/20/2023
USACE roject 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.mi1.
Compensatory Mitigation Responsibility Transfer Form
Permittee: Brian Ketchem Action ID: SAW-2020-00838
Project Name:Garner Road Site/3115 Garner Road/Raleigh NC/Wake County 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:03020201, Neuse River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
136
*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:03020201, Neuse River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
272
Mitigation Site Debited: Neu-Con Wetland &Stream Umbrella Mitigation Bank; Poplar Creek 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
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 Resource Environmental Solutions,LLC,confirming they are willing and able to
accept the applicant's compensatory mitigation responsibility,dated 4/17/2023 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: Cristin Alexi Archer
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive,Suite 105
Wake Forest, North Carolina 27587
Email: George.L.Phillips@usace.army.mil
6/20/2023
USAC 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.mi1.