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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.