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HomeMy WebLinkAbout20090136 Ver 10_05d_SAW-2017-02221permitverification_20230825U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-02221 County: Wake County U.S.G.S. Quad: Rolesville GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Kari Grace Town of Wake Forest Address: 301 South Brook St. Wake Forest, North Carolina 27587 Telephone Number: 919-435-9443 Size (acres) <1 acre Nearest Town Wake Forest Nearest Waterway Smith Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.975372 Longitude:-78.496401 Location description: The project is site is a proposed 1.7 miles of new greenwav beginning at the northern terminus of phase 2 of the Dunn Creek greenwav and continuing north to Juniper Avenue, with spur trails to Ailey Young Park, Wildflower Ridge Rd., Seventh St., and along Wait Ave. to Traditions Grande Blvd. Description of projects area and activity: This verification authorizes the construction of the Dunn Creek Greenwav Project, consisting of 9 sinnle and complete crossings (projects): For Sites 2-9. reference the Nationwide Permit 14 verification for the Dunn Creek Greenwav dated 21 February 2018 (SAW- 2017-02221). Site 1: This permit verification is for a sinnle and complete NWP 14 crossing at site 1. Impact totals are 8 linear feet of permanent impacts from culvert extension, 66 linear feet of permanent fill, but no permanent loss for rip rap installed at existing stream bed elevation, and 60 linear feet of temporary stream channel impacts from construction access. Compensatory mitigation is required for the proposal. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 14 Linear Transportation Proiects SEE ATTACHED RGP or 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 and your submitted application and attached information dated December 8, 2021. 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. Special Conditions: 1. 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. 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 (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in 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 contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(a)usace.armv.mil. Date: 2021.02.05 15:13:49-05'00' Corps Regulatory Official: Date: February 5, 2021 Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ 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 (RHA) (33 USC § 403) and 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. 3. ❑ There are waters, including wetlands, within the above described project area that are 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. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ® The aquatic resources within the above described project area have been identified under a previous action. Please reference the preliminary jurisdictional determination issued 2/21/2018. Action ID: SAW-2017-02221. B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: None D. 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. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). 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 Atlas: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 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: Not Applicable. 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: Andrew Williams Date: 2021.02.05 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 online at hM2://corpsmilpu.usace.army.mil/cm_apex/Pp=136 * 0. Copy furnished (via email): Jason Hartshorn Kimley-Horn 421 Fayetteville Street, Suite 600 Raleigh, North Carolina 27601 O O N N co i I BUS 98 J ovCram Ra 001A � I T a � �0 END �a PROJECT m I a Ridge Rd Wildflower Downtown Wake Forest 1A 5 N\N re D r wv 98 �I BUS 98 BUS Wait 98 98 AVe BEGIN PROJECT VICINITY MAP NTS SURVEYS PROVIDED BY: VANESSE HANGEN BRUSTLIN, INC. (VHB) SUE LEVEL "B" BY: GEL ENGINEERING OF NC, INC. GEOTECHNICAL INVESTIGATIONS BY: FALCON ENGINEERING, INC. ENGINEER: KIMLEY—HORN AND ASSOCIATES, INC. DUNN CREEK GREENWAY PHASE III GREENWAY FROM NORTHERN TERMINUS OF DUNN CREEK GREENWAY PHASE II (EL-5100AE) TO NORTH OF WILDFLOWER RIDGE ROAD WITH A SPUR TRAIL TO AILEY YOUNG PARK AND SEVENTH STREET. MULTI -USE PATH ALONG WAIT AVENUE (HWY 98 BUSINESS) FROM GREENWAY TO TRADITIONS GRANDE BOULEVARD. WETLAND AND STREAMS PERMIT PACKAGE SUMMARY TABLE SITE NUMBER ________ 1 SURFACE WATER IMPACTS WETLAND IMPACTS TEMPORARY LF) 0 PERMANENT(LF) 65.48 _--- IMPACT TYPE_,,.,,-_ stabilization TEMPORARY(AC) PERMANENTFILL(AC) PERMANENTCUT(AC) 0 0 0 1 0 7.37 culvert 0 0 0 1 59.11 0 temporary stream crossing 0 0 0 2 0 67.67 sta i izatlon 0 0 0 3 0 58.04 stabilization 0 0 0 3 0 10.13 culvert 0 0 0 3 8.96 0 temporary stream crossing 0 0 0 4 0 39.96 stabilization 0 0 0 4 0 29.22 culvert 0 0 0 4 9.05 0 temporary stream crossing 0 0 0 5 0 55.62 stabilization 0 0 0 5 0 24.91 culvert 0 0 0 5 5.85 0 temporary stream crossing 0 0 0 6 16.94 45.96 stabilization 0 0 0 6 0 31.51 culvert 0 0 0 7 12.13 0 stabilization 0 0 0 8 6.55 0 stabilization 0 0 0 9 1 12.43 50.97 culvert 0 1 0 1 0 TOTAL 1 131.02 486.84 0.00 1 0.00 1 0.00 PROJECT REFERENCE NO. SHEET NO. DUNN CREEK GREENWAY /// l TOWN of WAKE FOREST SITE 2 I Q z 1 TED TO PROVIDE FOR U I ILILA I IUIV b y ALL UUIVJ I KUC, I IUN VEHICLES. 2. MUST BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR DIRECT FLOW OF MUD INTO WETLAND. 3. MUD MAT(S) SHALL BE UTILIZED IN WETLAND AREAS TO LIMIT IMPACTS FOR BRIDGE CONSTRUCTION. FREQUENT CHECKS OF THE DEVICE AND TIMELY MAINTENANCE MUST BE PROVIDED BY THE CONTRACTOR. GRAPHIC SCALE 1 1 41 PLANS PROFILE (HORIZONTAL) PROFILE (VERTICAL) PERMIT DRAWING SHEET 1 OF 14 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED O O O N r!' Ca N k- W W Z Cn W W O O N Q I N J I W Z J Z C� Q 500 R 00 PERMIT DRAWING SHEET 7 OF 14 ®DENOTES PERMANENT IMPACTS IN SURFACE WATER DENOTES TEMPORARY IMPACTS IN SURFACE WATER DENOTES PERMANENT FILL IN WETLAND DENOTES PERMANENT CUT/ EXCAVATION IN WETLAND ®DENOTES TEMPORARY IMPACT IN WETLAND DENOTES LIMITS OF DISTURBED AREA REV. No.: REVISION° DATE° DRAWN BYe CHECKED BY: This document, together with the concepts and designs presented herein, as an instrument of services is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adoption by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. Copyright Kimley-Horn and Associates, Inc., 20 19 PREPARED IN THE OFFICE OFo Kimley ))Horn NC LICENSE #F-0102 421 FAYETTEVILLE ST., SUITE 600 RALEIGH, NORTH CAROLINA 27601 PHONE: (919) 677-2000 ©2019 JLl STREAM EROSION CONTROL PLAN ZZ STREAM INSTALL TEMPORARY STREAM C PROJECTo JOB NUMBER° STALL TEMPORARY CONSTRUCTION ACCESS BEIM GPS #11 N = 811,413.5490 E = 2,150,382.7846 III = 317.54' .RT \ +/-INV = 299.06 T +/-INV = 11� 295.60 DUNN CREEK GREENWAY PHASE 3 011311041 SHEET NUMBER° 3 O O O N r!- Ca N — 4.5' METAL FENCE � T, LQ - 4.5' METAL FENCE Cn — — — — — — — — — — — �OS� A •� \ A A A V �� STMH RIM = 30.&93' _ _ INv—ft (GrX2) = 3 3'-320—~320 — _ — — = INV OUT = 299.08_ — i — Pvc � 9" PVC — — — _ — F `pry 3-PE _ — — — z I - DTB UNN - \ — O CR �BL� $�� 1 56 EXISTING 30' TONF �TB TB TB _ \ — —� \ f �� Sn Bw R998 PGRi7305731 EASEMENT ­­­7. TB v — / _ — — �8 } IN out 1 T 555... DUMV FE,TB �TB�TB TB —'--'—TB _ T8� �TB T1—_ VE_ TW - = 3, � R 000 Q 50D 100, yR FLOOD SOO R FL OOD PERMIT DRAWING SHEET 8 OF 14 ®DENOTES PERMANENT IMPACTS IN SURFACE WATER DENOTES TEMPORARY �i IMPACTS IN SURFACE WATER DENOTES PERMANENT FILL IN WETLAND DENOTES PERMANENT CUT/ EXCAVATION IN WETLAND ®DENOTES TEMPORARY IMPACT IN WETLAND _ DENOTES LIMITS OF DISTURBED AREA REV. No.: REVISION° DATE° DRAWN BYe CHECKED BY: This document, together with the concepts and designs presented herein, as an instrument of services is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adoption by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. Copyright Kimley-Horn and Associates, Inc., 2019 PREPARED IN THE OFFICE OFo im y >> Horn NC LICENSE #F-0102 421 FAYETTEVILLE ST., SUITE 600 RALEIGH, NORTH CAROLINA 27601 PHONE: (919) 677-2000 ©2019 STREAM 7 INSTALL TEMPORARY STREAM CROSSIN 100- yR FLOOD TW = 317,25'\ 500-YR FLOOD O STREAM I SIT 1 � EROSION CONTROL PLAN 29 / 29 .4:) TW = 317,2 T W - 314.58' l a RETAININ L �J W TW = 307, �o 0 TW = 4,25' STALL TEMPORARY CONSTRUCTION ACCESS ASPHALT r Tw „'j 317#' BO V +/-INV = 299.06 T +/-INV = 295.60 '1 T W = 313.5 PROJECTo JOB NUMBER° BEIM GPS #11 N = 811,413.5490 E = 2,150,382.7846 ELEV. = 317.54' if DUNN CREEK GREENWAY PHASE 3 011311041 SHEET NUMBER° 3 Action ID Number: SAW-2017-02221 County: Wake County Permittee: Holly Miller Town of Wake Forest Project Name: Dunn Creek Greenway/phase 3/Wake Forest/Wake County Date Verification Issued: February 5, 2021 Project Manager: Andrew Williams 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: Andrew Williams 3331 Heritiage 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 NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Holly Miller Town of Wake Forest File Number: SAW-2017-02221 Date: February 5, 2021 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPenuits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or 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 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 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 division engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT 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. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: 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. Philip Shannin, Administrative Appeal Review Officer Attn: Andrew Williams CESAD-PDO 3331 Heritage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room 1OM15 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 opportunit to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137