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HomeMy WebLinkAbout20200767 Ver 1_USACE Permit_20200616U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00556 County: Cabarrus U.S.G.S. Quad: NC -Harrisburg GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Old Holland Road, LLC George Sistrunk Address: 525 N. Tryon Street, Suite 1400 Charlotte, NC 28202 Telephone Number: 704-227-1065 E-mail: gsistrunk(a,lawhssm.com Size (acres) 26.039 Nearest Town Charlotte Nearest Waterway Rocky River River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.360394 Longitude:-80.714858 Location description: The review area is located on the south side of Old Holland Road; approximately 0.7 miles north of the intersection of Old Holland Road and Morehead Road. PINs: 45898075560000, 45899006810000, 45899042310000, and 4589905000000. Reference review area description shown in Pre -Construction Notification package entitled "Figure 1, USGS Mad' and Dated 12/05/2018. Description of projects area and activity: This verification authorizes the permanent stream impacts of 112 linear feet and temporary wetland impacts of 0.186 acres to facilitate the construction of a multi -family residential development. All temoorary wetland impacts will be restored to ore -existing conditions after the comnletion of construction. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 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 enclosed Conditions, your application signed and dated 6/11/2020, and the enclosed plans Construction Drawings 1.0-2.0, 3.0-3.2, and 4.0-5.0 dated 4/28/2020. 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 is 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 (i.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 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 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 Bryan Roden -Reynolds at 704-510-1440or brvan.roden-reynolds(a)usace.army.mil. RODEN Digitally signed by RODEN REYNOLDS.RRYAN.KENNEI Corps Regulatory Official: "" " " """ "" . "" Expiration Date of Verification: 03/18/2022 Date: 2020.06.1612:19:40-04'00' Date: 06/16/2020 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Soil and Environmental Consultants Bob Zarzecki Address: 8412 Falls of Neuse Road, Suite 104 Ralei!h, NC 27615 Telephone Number: 919-846-5900 E-mail: bzarzecki(a,sandec.com Action ID Number: SAW-2019-00556 County: Cabarrus Permittee: Old Holland Road, LLC, George Sistrunk Project Name: The Addison Apartments Date Verification Issued: 06/16/2020 Project Manager: Bryan Roden -Reynolds 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: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or bryan.roden-reynolds@us ace. 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 SAW-2019-00556 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: Old Holland Road, LLC, George Sistrunk 1.2 Activity location: Latitude- 35.360394 Longitude:-80.714858 Location description: The review area is located on the south side of Old Holland Road; approximately 0.7 miles north of the intersection of Old Holland Road and Morehead Road. PINs: 45898075560000, 45899006810000, 45899042310000, and 4589905000000. Reference review area description shown in Pre - Construction Notification package entitled "Figure 1, USGS Map" and Dated 12/05/2018. 1.3 Description of activity requiring verification -This verification would authorize the permanent stream impacts of 112 linear feet and temporary wetland impacts of 0.186 acres to facilitate the construction of a multi -family residential development. All temporary wetland impacts will be restored to pre-existing conditions after the completion of construction. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing 6/16/2020 1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 6/25/2019. 1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 29. Residential Developments 1.9 Activity requires written waiver of NWP limits? No. 1.10 Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre -Construction Notification SAW-2019-00556 2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed activity in waters would include the loss of jurisdictional waters (as specified in Section 1.3) and their associated aquatic resource functions. The proposed activity also has the potential to result in indirect effects to waters including excess sedimentation in downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the project area, increase of downstream flows, and blocking/restricting aquatic life passage transiting in and through the project area. These indirect effects are expected to be minimal due to design criteria and Best Management Practices (BMPs) required by Nationwide Permit General and Regional Conditions. Additionally, indirect effects would be further reduced through the implementation of BMPs required by state, local, and Federal ordinances and regulations. 2.2 Site specific factors: The review area is a vacant, forested land. Land use surrounding the review area consists of forested land, agricultural fields, commercial development, and rural residential homesites. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? No. Agency coordination with the USFWS is required for the Northern Long Eared Bat. However, the Corps is not required to wait for a response from the USFWS Asheville Office in accordance with local procedures. 2.3.2 Was the PCN coordinated with other Corps offices? No. 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site -The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? No. Provide rationale: No compensatory mitigation is required because the applicant has minimized impacts and the loss of stream channel SAW-2019-00556 associated with the activity is less than 150 linear feet. There are no specific circumstances that would warrant compensatory mitigation. No compensatory mitigation is required because the applicant has minimized impacts and the loss of wetlands associated with the activity is less than 0.10 acre. There are no specific circumstances that would warrant compensatory mitigation. 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Cabarrus County: NAME: Northern Long-eared Bay (Myotis septentrionalis) STAUTS: Threatened NAME: Carolina heelsplitter (Lasmigona decorata) STATUS: Endangered NAME: Schweinitz's sunflower (Helianthus schweinitzii) STATUS: Endangered Effect determination (s), including no effect, for all known species/habitat, and basis for determination (s): Based on the latest version of the Natural Heritage Program's NHEO data, there are no protected species located within or in the vicinity of the action area. The Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. . 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local Operating Procedures for Endangered Species (SLOPES) between the USACE, Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service (Service) Offices, and determined that the action area for this project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the SAW-2019-00556 USACE sent a Situation 1 email to the Service on June 16, 2020, informing them about this project. Service Concurrence: as established in the NLEB SLOPES, this project does not require prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule; therefore any associated take is exempt and it is not necessary for the USACE to wait 30 days for the Service to object or concur. Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? No. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United States that will be directly affected by the proposed work or structures, as well as activities outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been met. Final description of the permit area: All three test have been met and portions of the larger project undertaken outside of waters of the U.S. are in the permit area. Activities undertaken outside WOUS are included in the permit area because those activities are directly associated and integrally related with the authorized work and those activities would not occur but for the authorization of the work within the WOUS. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are no known historic properties located in the permit area or in close proximity to the permit area. SAW-2019-00556 Effect determination and basis for that determination: The Corps has determined the proposed activity has no potential to cause effects to properties listed or eligible for listing in the National Register of Historic Places, because the project is located in areas that have been extensively modified. 3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects" (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities 3.4.1 Was government -to -government consultation conducted with Federally - recognized Tribe(s)? No. There are no known tribal interests in the project area. Provide a description of any consultation(s) conducted including results and how concerns about significant effects to protected tribal resources, tribal rights and/or Indian lands were addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No. 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 3.8 Effects on Corps Civil Works Projects (33 USC 408) SAW-2019-00556 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? No. If no, provide rationale: The terms and conditions of the general permit are sufficient to ensure no more than minimal adverse effects, and no conditions are needed for compliance with other laws or to protect the public interest. 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A. 5.2 The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest. 5.3 This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. 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