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HomeMy WebLinkAbout20230277 Ver 2_epcn docs compressed_20240104January 4, 2024 US Army Corps of Engineers NC Division of Water Resources Asheville Regulatory Field Office 401 and Buffer Permitting Unit Attn: Krystynka B. Stygar Attn: Stephanie Goss 8430 University Executive Park Drive, Suite 611 1617 Mail Service Center Charlotte, North Carolina 28262 Raleigh, North Carolina 27699-1617 Re: Norman Creek Subdivision - +/- 221.54 acres 714 S Main Street Troutman, NC 28166 Nationwide Permit 29 Revision Action ID: SAW-2021-02292 DWR Project #: unknown Krysta/Stephanie: The applicant, Steve Bailey of Prestige Corporate Development, LLC is requesting a revision of the issued permit with related Action ID SAW-2021-02292. Due to site plan changes and an evaluation of an offsite feature, revisions to the original permit are requested. There were originally two permanent unavoidable stream impacts and one permanent unavoidable wetland impact. The revision is for an increased acreage to impact W1, removal of Impact S2, and the addition of Impact S6. Impact S1 (308 linear feet, 0.040 acres) to perennial channel, CH 100, will not be revised and is necessary for a road crossing to access the Western portion of the property and is associated with culvert installation. Impact W1 is a permanent impact to wetland WL 3000 and is necessary for a road crossing to access the central area of the project. The impact will include fill to the wetland and a culvert to allow for continued flow downstream to channel CH 300. The positioning of the culvert and rip rap has changed and increased in length/area. The previous impact for W1 consisted of —0.161 acres. The new impact has increased to —0.207 acres. The new alignment causes the rip rap apron to encroach into CH 300. Impact S6, a permanent impact, is approximately 14 linear feet (N0.001 acres). The rip rap apron will be imbedded and occurs within an intermittent channel. Mitigation should not be necessary for this impact. Atlas staff was onsite December 01, 2023, to evaluate an offsite feature for construction of an access road. The access road is located within the Western portion of the review area. CH 200 is pooling water due to the erosion of the feature. During the field investigations it was determined that the offsite feature was Non -Regulated. This led to the reevaluation of CH 2O0, and the change to wetland WL 4000. The 0.001 acres within the review area should be classified as Non -Regulated since there is lack of continuous surface connection. Photos and a photo map of this area have been included in this revision. ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte TLAS IRONMENTAL Enclosed are the necessary nationwide 29 revision request documents and additional information. A Statement of Availability to partially satisfy the mitigation requirements has been attached. Included in the SOA is mention of a future stream credit release in March 2024 that would satisfy all mitigation requirements. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, Allyson Sinclair Environmental Specialist ATLAS Environmental, Inc. 338 S. 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C O N N N C � Co LL U (9 Q E U N N 0 LL C O N N N C � Co LL U (9 Q E U N N 0 LL NOISIAIGOnS >133dO NlvVldON -14 kco 170 �v C) PLAct C-4 18 T ------------------- -- --- ------------- - --------- --------------- ---- -------- J- - -- --------- ------------ r4 0" A JI, --- ------- 121, ----- ----- 71� Lc oT m6 ffo L 46 X CL -- --------- ----- ---------- ----I Site Photos: December 01, 2023 3;7 1 1. Non -Jurisdictional Feature 4 4. Arj )10 w vp. 2. Non -Jurisdictional Feature Jh 3. Non -Jurisdictional Feature .�&A M. 4. Non -Jurisdictional Feature 4F 5. Non -Jurisdictional Feature IA 'Iry N 6. Non -Jurisdictional Feature Site Photos: Decemi 7. Non -Jurisdictional Feature 8. Non -Jurisdictional Feature y_': `.` r ■.''. 'fit PIRNMAK 1III%m4 tN 9. Non -Jurisdictional Feature 10. Non -Jurisdictional Feature Northeastern draw Q CN Q O O O U �J N � U) oZ �z o E O N n O \o ,0 r L(7_- s.� U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02292 County: Iredell U.S.G.S. Quad: NC -Shepherds GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: BBC Rocky Creek LLC Steve Bailey Address: 7224 Jameson Wav Stanley, NC 28164 Telephone Number: 704-607-5059 E-mail: steve(&I)cdllc.net Size (acres) 53 Nearest Town Troutman Nearest Waterway Rocky Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.685286 Longitude:-80.863470 Location description: Project is located at 714 S. Main Street, Troutman, Iredell County, Nort Carolina. PIN: 4740-586-774.000 Description of projects area and activity: This verification authorizes: 1) Permanent impacts of 0.161 acres to WL 3000 for Road Crossing. 2) Temporary impacts of 0.029 acres to WL 1000 for Trenching for sewer 3) Permanent impacts of 308 Linear Feet (0.040 acres) to CH 100 for road crossing. 4) Permanent impacts of 21 Linear Feet (0.001 acres) to CH 200 for fill. 5) Temporary impacts of 43 Linear Feet (0.035 acres) to CH 100 for excavation. 6) Temporary impacts of 35 Linear Feet (0.001 acres) to CH 200 for excavation. 7) Temporary impacts of 30 Linear Feet (0.011 acres) to CH 300 for excavation. 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 attached Conditions, your application signed and dated 2/17/2023, and the enclosed plans Norman Creek Subdivision . 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 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 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 Krvstvnka B Stvgar at 252-545-0507or krvstynka.b.stvgar(a)usace.armv.mil. Corps Regulatory Official: Ata� Date: 6/28/2023 Expiration Date of Verification: 3/14/2 26 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: Atlas Environmental inc Jennifer Robertson Address: 338 S. Sharon Amity Road # 411 Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: irobertsonAatlasenv.com SAW-2021-02292 SPECIAL CONDITIONS a. 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-2021-02292 County: Iredell Permittee: BBC Rocky Creek LLC, Steve Bailey Project Name: Norman Creek Subdivision Date Verification Issued: 6/28/2023 Project Manager: Krystynka B Stygar 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: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or krystynka.b.stygar@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 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: BBC Rocky Creek LLC, Steve Bailey Project Name: Norman Creek Subdivision Action ID: SAW-2021-02292 County: Iredell Instructions to 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/or the mitigation will occur in more than one 8- digit Hydrologic Unit Code (HUC), multiple forms will be attached to 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 for the 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: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 329 0.161 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 647.5 0.322 Mitigation Site Debited: Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site, and Double Rock mitigation site (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: Page 1 of 2 Form Version 10 June 2020 updated CESAW-RG (File Number, SAW-2021-02292) 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 of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any 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 copy of 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 by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. If changes are proposed to the type, 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 may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Wildlands Holdings, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 1/26/2023 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 Page 1. Once signed, 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 USACE Field Office: Email: Krystynka B Stygar Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 krystynka.b.stygar@usace.army.mil Project Ma"I@er Signature 6/28/2023 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. HOLDINGSO Catawba 01 Stream Credits Statement of Availability December 22, 2023 Prestige Corporate Development LLC Attn: Steve Bailey 7224 Jameson Way Stanley, NC 28164 RE: Availability of Stream Credits for the "Norman Creek Subdivision" project Bank Name: Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock Mitigation Site Bank Sites: Firestone Mitigation Site / Double Rock Mitigation Site Bank Sponsor: Wildlands Holdings VI, LLC USACE Action ID No.: SAW-2020-01534/ SAW-2020-01532 Permittee: Prestige Corporate Development LLC Stream Credits Needed: 616 LF Stream Credits Available: 123 LF Future Stream Credit Release: 1,354.76 LF (March 2024) Catawba 03050101 River Basin Dear Mr. Bailey, Wildlands Holdings VI, LLC, owned and operated by Wildlands Engineering, Inc., currently has stream credits from the Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock Mitigation Site to partially satisfy the stream mitigation requirements related to the above -mentioned project. The project is located within the Catawba River Basin of the service area (HUC 03050101) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Credits and associated pricing may be reserved for up to 6 months with a signed reservation agreement and a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings VI, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HOLDINGSO Sincerely, Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Ms. Jennifer Robertson, President, Project Manager I ATLAS Environment, Inc. Ms. Krysta Stygar, Regulatory Agent I USACE Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203