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HomeMy WebLinkAboutSAW-2023-00044.pdfU.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00044 County: Wake U.S.G.S. Quad: NC -Garner GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Wilmington Industrial Partners LLC Agent: Atlas Environmental Inc. John Core Jennifer Robertson Address: 500 East Morehead Street Suite 200 338 S Sharon Amity Road #411 Charlotte, NC 28202 Charlotte, NC 28211 Size (acres) 60 Nearest Town Garner Nearest Waterway Walnut Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.719092 Longitude:-78.592050 Location description: Project is located west of Wilmington Road in Garner, Wake County, North Carolina. Project is approximately 0.17 miles northwest of the intersection of Jones Sausage Road and Calebar St. Description of projects area and activity: This verification authorizes the discharge of fill materialinto 0.026 acre of wetland and 163 linearfeetofstreamimpacts for the construction of an industrial development and associated infrastructure, parking, road access, and utilities. Temporary impacts include 200 linear feet of stream for utility installation. ApplicableLaw(s): ❑X Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 39 & 58 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 10/16/2023, and the enclosed plans Impact Map dated 9/21/2023. 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.Capito(&,usace.army.mil. CAPITOAACHEL.ANN.15 Di9itallyslgned by CAPITO.RACH ELAN N.1536276790 Corps Regulatory Official: 36276790 Date_ 2024.01.1615._54-05'00' _ Date: 1/16/2024 Expiration Date of Verification: 2/14/2026 SPECIAL CONDITIONS 1. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps' Rachel Capito, Rachel.A.Capito(a)-usace.army.mil to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work. 2. 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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 MEMORANDUM FOR RECORD Date