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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