HomeMy WebLinkAbout20231060 Ver 1_More Info Received_20230928DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
CHARLOTTE REGULATORY OFFICE
8430 UNIVERSITY EXECUTIVE PARK DRIVE, SUITE 615
CHARLOTTE NORTH CAROLINA 28262
August 23, 2023
Regulatory Program/Division
Douglas Allen
DRB Group
227 West Trade Street
Suite 400
Charlotte, NC 28202
Dear Mr. Allen:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Charlotte Regulatory Office on July 27, 2023, for a Department
of the Army Nationwide permit (NWP) verification. This project has been assigned the
file number SAW-2021-01567 and is known as LLey Meadows. This file number should
be referenced in all correspondence concerning this project.
A review of the information provided indicates that the proposed work would include
the building of a residential subdivision, with the impacts of 0.040 acres of permanent
wetland impact, and 115 Linear Feet of stream impacts in association with culverts/ and
road -widening. The project area for this determination includes a 53.515 acre(s) area
which is illustrated on the enclosed site plans/maps. The project/review area is located
in mckee Creek a tributary of the Rocky River; OR at 10151 Robinson Church Road, at
Latitude 35.272780 and Longitude-80.644150-1 in Harrisburg, Cabarrus County, North
Carolina.
We have determined that the proposed work is authorized by NWP 29 pursuant to
authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403),
and/or Section 404 of the Clean Water Act (33 U.S.C. § 1344) and Section 14 of the
Rivers and Harbors Act of 1899 (33 U.S.C. § 408). The proposed work must be
accomplished in strict accordance with the general permit conditions, any regional
conditions, the special conditions listed in this letter, the application materials, and the
enclosed plans Lley meadows , subdivision, Harrisburg . If the extent of the project area
and/or nature of the authorized impacts to waters are modified, a revised PCN must be
submitted to this office for written approval before work is initiated. Any violation of
permit conditions or deviation from your submitted plans may subject the permittee to
enforcement action.
This verification is valid until March 14, 2026, unless prior to this date the subject
NWP(s) is suspended, revoked, or is modified such that the activity no longer complies
with the terms and conditions of this NWP 29. If you commence or are under contract
to commence this activity before the date that the relevant NWP is modified or revoked,
you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this NWP.
Project Specific Special Conditions:
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 NWP verification does not preclude the necessity to obtain any other Federal,
State, or local permits, licenses, and/or certifications, which may be required.
If you have any questions related to this verification or have issues accessing
documents referenced in this letter, please contact Krystynka Stygar, Regulatory
Program Manager of the Charlotte Regulatory Office at 252-545-0507, by mail at the
above address, or by email at krystynka.b.stygar@usace.army. miI . Please take a
moment to complete our customer satisfaction survey located at
https-//regu latory.ops. usace.army. m it/customer-service-survey/.
Sincerely,
Krystynka Stygar
Regulatory Program Manager
Enclosures
Cc (w/enclosures)
Jeff Levi, WEPG (via Jeff.levi@wepg.com)
General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on 03/14/2026.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature
of the new owner on the transfer form attached to this letter and forward a copy to this
office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions (A GENI RAL CERTIFICATION FOR THIS PERMIT).
6. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
Commencement Notification Form
Action ID Number: SAW-2021-01567 County: Cabarrus
Permittee: DRB Group, Douglas Allen
Project Name: LLey Meadows
Date Verification Issued: 8/23/2023
Project Manager: Krystynka Stygar
Upon commencement OR Within 10 days of commencing the activity authorized by this
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
Wilmington District
Attn: Krystynka Stygar
Charlotte Regulatory Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
krystynka.b.stygar@usace.army.mil
252-545-0507
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.
Construction Start Date:
Signature of Permittee
Date
Compliance Certification Form
Action ID Number: SAW-2021-01567 County: Cabarrus
Permittee: DRB Group, Douglas Allen
Project Name: LLey Meadows
Date Verification Issued: 8/23/2023
Project Manager: Krystynka Stygar
Upon completion OR Within 30 days of 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: Krystynka Stygar
Charlotte Regulatory Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
krystynka.b.stygar@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, and mitigation (if applicable), authorized by the above
referenced permit has been completed in accordance with the terms and conditions of
the said permit including any general or specific conditions.
Date Authorized Work Started:
Completed:
Describe any deviations from permit (attach drawing(s) depicting the deviations):
*Note: The description of any deviations on this form does not constitute approval by the Corps.
Signature of Permittee Date