HomeMy WebLinkAboutSAW-2023-00736.pdfU.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00736 County: Lee U.S.G.S. Quad: NC -Sanford
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mission CCC Sanford, LLC Agent: S&EC
C. Jason McArthur Deborah Shirley
Address: 5800 Old Pineville Road Suite 200 8412 Falls of Neuse Road Suite 104
Charlotte, NC 28217 Raleigh, NC 27615
Size (acres) 7.23 Nearest Town Sanford
Nearest Waterway Carrs Creek River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude: 35.447102
Longitude:-79.127511
Location description: Projectareaislocated approximately 0.23 miles east of the intersection of Highway 87 and US-421 in
Sanford, Lee County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.12 acre of
wetland and 0.03 acre of temporary pacts for the construction of a 180-unit multi -family apartment development and
related infrastructure.
ApplicableLaw(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29
SEE ATTACHED NW?` GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your workis authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 7/11/2023, and the enclosed plans Truelove Apartments Construction Documents
C-3.0-C-3.2 dated 6/22/2023. 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 pennit
authorization is modified, suspended orrevoked. 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) orare undercontract 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/orregional general p erm it'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.
Foractivities occurringwithin the twenty coastal counties subjectto regulation under the Coastal Area Management Act(CAMA),prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808.
This Dep artment 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 Rachel Capito at 919440-1823or Rachel.A.Capitonusace.army.mil.
CAPITO.RACHEL.AN Digitally signed by
CAPIT0.1RACHEL.AN N.1536276790
Corps Regulatory Official: N.1536276790 Dace: 2023.0R.301as2:47-0a�00_ Date: 8/30/2023
Expiration Date of Verification: 3/14/2026
SAW-2023-00736
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.
Action ID Number: SAW-2023-00736 County: Lee
Permittee: Mission CCC Sanford, LLC, C. Jason McArthur
Project Name: 3239 NC 87 Sanford NC Truelove Apartments
Date Verification Issued: 8/30/2023
Project Manager: Rachel Capito
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: Rachel Capito
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
Rachel.A.Capito@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: Mission CCC Sanford, LLC, C. Jason McArthur Action ID: SAW-2023-00736
Project Name: 3239 NC 87 Sanford NC Truelove Apartments County: Lee
Instructionsto 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/orthe mitigation will occurin more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attachedto 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 forthe 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: 03030004, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Tiverine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.25
* If more than one mitigation sponsor will be used forthe permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.25
Mitigation Site Debited: NCDMS
(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:
L--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 ofthe signed form, the Permittee is
no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible forany 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 copyof 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 bythe Permittee, Mitigation Sponsor, and in the USACE administrative records
for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility toensurethatthe District Project Manager
(address below) is provided with a signed copy of this form.
• If changes are proposed to thetype, 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 maybe applied, as per current District guidance and anew version ofthis form must
be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument.
Comments/Additional Conditions: A letterfrom DMS, confirming they are willing and able to accept the applicant's compensatory
mitigation responsibility, dated 6/28/2023 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 Pagel. Oncesigned, 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: Rachel Capito
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: Rachel.A.Capito@usace.army.mil
CAPITO.RACHEL.A Digitallysignedby
CAPITO. RAC H E L.AN N.1536276790
NN.1536276790 Date: 2023.08.3014:54:10-04'00'
USACE Project Manager Signature
8/30/2023
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.mil.
C
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WETLAND IMPACT AREA B1 = 1.778 SF (0.04 AC) DES 1 ON
PARTNERS
TEMPORARY WETLAND IMPACT B3 TEMPORARY WETLAND IMPACTAREA B2=62 SF(0.001 AC)
TEMPORARY WETLAND IMPACT AREA 63 = 90 SF (0.002 AC)
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