HomeMy WebLinkAbout20231574 Ver 1_USACE Permit_20240123DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
CHARLOTTE FIELD OFFICE
8430 UNIVERISTY EXECUTIVE PARK DRIVE SUITE 615
CHARLOTTE NORTH CAROLINA 28262
January 23, 2024
Regulatory Division
Michael Kavourias
MCP Acquisitions, LLC
40 West 57th Street, Suite 1420
New York, New York 10019
Via Email: mkavourias@mandrakecapital.com
Dear Mr./Ms. Kavourias:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Charlotte Field Office on November 16, 2023, for a Department
of the Army Nationwide permit (NWP) verification. This project has been assigned the
file number SAW-2019-00865 and is known as Villages at Crooked Creek. 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 permanent loss of 0.32-acre of wetland for the purpose of constructing a multi -family
residential development, Villages at Crooked Creek. The approximately 42-acre project
site is located east of Oakwood Lane, south of West Unionville Indian Trail Lane, and
northwest of Stoney Creek Drive at approximate latitude 35.072104 and longitude -
80.617135 in Indian Trail, Union County, North Carolina.
We have determined that the proposed work is authorized by NWP 29 pursuant to
authorities under Section 404 of the Clean Water Act (33 U.S.C. § 1344). 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 Sheets 1-5 dated 12/11 /2023 (Corps). 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. 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.
Permit Special Conditions:
1. 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.
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 in Wilmington, NC, at (910) 796-7215.
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 Emily Greer of the Charlotte Field
Office by email at emily.c.greer@usace.army.mil.
Sincerely,
Digitally signed by Emily
Emily Greer Dater
Date: 2024.01.23
15:58:48-05'00'
Emily Greer
Project Manager
Enclosures
Cc (w/enclosures)
Nick Creidler, Headwater Environmental (via nick@headwaterenvironmental.com)
General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on March 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 (attached).
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.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Michael Kavourias
Mandrake Capital Partners
40 West 57th Street, Suite 1420
New York, NY 10019
Project: Villages at Crooked Creek
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NORTH CAROLINA
Envimnmental Quality
November 1, 2023
Expiration of Acceptance: 5/1/2024
County: Union
The purpose of this letter is to notify you that the NCDECI Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permitl401 Certification within this time frame, this acceptance will
expire. it is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Yadkin
03040105
Riparian Wetland
0.319
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation wilt be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly_Williams@deq.nc.gov.
Sincerely,
Av_t�d_,&�
FOR James. B Stanfill
Deputy Director
cc: Nick Creidler, agent
D_E �� North Carolina Department of Lnvironmental Quality I Division of Mitigation5erytces
217 West Jones Street i 16S2 Mall Service Center I Ralelgh,Nerth Carollna27699-16552
99, oPm N.Aq 919,707,8976
US Army Corps of Engineers — Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Michael Kavourias Action ID: SAW-2019-00865
Project Name: Villages at Crooked Creek
County: Union
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: 03040105, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.32
*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: 03040105, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.64
Mitigation Site Debited: NC DMS
(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:
Signature of Sponsor's Authorized Representative Date of Signature
USACE Wilmington District — MRTF Page 2
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 maybe 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:
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: Emily Greer
USACE Field Office: Charlotte Field Office
US Army Corps of Engineers
8430 University Executive Park Drive
Charlotte, NC 28262
Email: emily.c.greer@usace.army.mil
Emily Greer Digitally signed by Emily Greer
Date: 2024.01.23 15:59:10-05'00'
Click here to enter a date.
Wilmington District Project Manager Signature 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.