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HomeMy WebLinkAboutNWP-29 VERIFICATION SAW-2022-00355 signed 02.26.24 jt.pdfU.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00355 County: Orange U.S.G.S. Quad: NC -Chapel Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: KB Homes Attn: Roman Acosta Address: 4506 S. Miami Blvd. #100 Durham, NC 27703 E-mail: RAcostaAKBHome.com Size (acres) —36.3 Nearest Town Chapel Hill Nearest Waterway Bolin Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 35.950139,-79.10745 Location description: Parcel No. 9860810089. The proiect site is situated along the eastern side of Old NC Hwy 86 north of its intersection with Stony Hill Rd and Lake Hogan, approximately two miles north of NC Hwy 54 and three miles southwest of I- 40 in Carrboro, Orange County, NC. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.0003 acre of riparian nonriverine wetland and the permanent conversion (no loss of waters) of 0.022 acre of PFO wetland to emergent shrub/scrub for the construction of a greenwav extension boardwalk for the Jade Creek Residential Subdivision usin,2 driven piles backfilled with concrete and the boardwalk. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) Authorization: NWP-29 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 12/7/2023, and the enclosed plans Jade Creek Site Overview Exhibit 1 and Impact Exhibit 2 dated 11/28/2023. 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 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 Julia Tillery at (919) 440.1951or iulia.a.tillerynusace.army.mil. Corps Regulatory Official: Date: 02/23/2024 Expiration Date of Verification: 3/15/2026 saw-2022-00355 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' (Attn: Julia Tillery, (919) 440-1951 or Julia.A.Tillery@usace.army.mil) to determine if additional coordination with the USFWS is required under Section 7 of the ESA prior to continuing work. Action ID Number: SAW-2022-00355 County: Orange Permittee: KB Homes, Attn: Roman Acosta Project Name: Jade Creek Residential Subdivision Date Verification Issued: 02/23/2024 Project Manager: Julia Tillery 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: Julia Tillery Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or julia.a.tillery@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 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 I \\ /J0 AREA 1 I WETLAND IMPACTS \ 1 SEE EXHIBIT #2 K �� v�l�v Iv'�v J 'P W1 �30' ZONE 1` ?t '20' ZONE 2 (S1) TOP ( \\ OF BANK LINE rw )fin"ILL_r / C STREAM S1 S2 AND (S2) r l/1 WETLAND W1 UNIMPACTED I I �/ OENSTRLIN 11\� BY PROPOSED PROJECT I II\� f( / 11 I a� �o z aZ o 0 o PROPOSED °P JADE CREEK SUBDIVISION S� o� NC HIGHWAY 54 W OG VICINITY MAP SCALE: N.T.S. LEGEND: DISTURBANCE LIMITS (APPROX.) JURISDICTIONAL WETLANDS SB STREAM BUFFER FIN FLOODWAY Toe TOP OF BANK 30' ZONE 1 STREAM BUFFER 20' ZONE 2 STREAM BUFFER JURISDICTIONAL IMPACTS SUMMARY TABLE ID DISTURBANCE DURATION AREA SF (AC) WETLANDS TOTAL 983 (0.023) TEMPORARY 973 (0.022) PERMANENT 10 (0.000) onIf 2Z SITE OVERVIEW 0 125 250 GRAPHIC SCALE ( IN FEET ) �\\Z°�pF�SS/O NOT FOR CONSTRUC11ON V`hL:J `FL <ovw �llllllllll w F- Q 0 _ W _ = N N - �x W W Z w cc W V o W w o00c o cc w a> O W 0 0 w D U) V) Ballentine LIJ Associates, PA 221 Providence Road 919.929.0481 Chapel Hill, INC 27514 ballentineassociates.com SCALE: AS NOTED DATE: 28 NOV 23 JOB NUMBER: 121010.01 DRAWN BY: N.J.L REVIEWED BY: D.W.S. EXHIBIT 1 / — 2"x 8" HAND RAIL (CONTINUOUS) ATTACH WITH GALVANIZED SCREWS. — — — 300 2"x 6" TOP RAIL _ — — — 10'-0" CLEAR — —� — 12'-0" IF BOARDWALK IS 50'-0" OR — — — 8 x8 PILING PERMANENT LONGER. 7 (TP.) 7 -,1SF WETLAND0 ( 0.000 AC) "x 2"x 6" BOTTOM RAIL 31- I1 4 4" POSTS DECKING 0 I : o 0 0 o I TOTAL WETLAND CONVERSION IMPACT TEMPORARY WETLAND IMPACT ANGLE AND JOIST HANGERS TO CROSS BEAM ON �-THRU BOLTS W/ 983 SF (0.023 AC) 973 SF (0.022 AC) BE APPROVED BY THE ENGINEER WASHERS &NUTS ° ° EACH SIDE OF PILING \\ I El I Cl8"x rl 8" MINIMUM PILING TO BE ° ° DRIVEN OR AUGERED. BACKFILL I I I I HOLE WITH LEAN CONCRETE I I I AFTER PILE INSERTION (TYPICAL) SECTION A -A LJ AREA *1 BOARDWALK SECTION A -A SCALE: 1' = 20' SCALE: N.T.S. NOTES: 1. WETLAND DELINEATION PROVIDED BY FROEHLING & ROBERTSON, INC. 2. DISTURBANCE IN/AROUND ALL JURISDICTIONAL WETLANDS SHALL BE MINIMIZED AS MUCH AS FEASIBLE. 3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ & ORANGE COUNTY STANDARDS. 4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION. 5. INSTALL TEMPORARY SILT FENCE AND SILT FENCE STONE OUTLETS AT LOW POINTS AS NECESSARY. 6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS. JURISDICTIONAL IMPACTS SUMMARY TABLE ID DISTURBANCE DURATION AREA SF (AC) WETLANDS TOTAL 983 (0.023) TEMPORARY 973 (0.022) PERMANENT 10 (0.000) LEGEND: DISTURBANCE LIMITS (APPROX.) oCK) — — — — — WETLAND CONVERSION IMPACT AREA Z2 y I JURISDICTIONAL WETLANDS - - - IMPACT EXHIBIT TEMPORARY WETLAND IMPACTS ° 10 20 GRAPHIC SCALE PERMANENT WETLAND IMPACTS ( IN FEET ) CA,'?0 ��,•�FESS/0 NOT FOR CONSTRUC1ON - VYL:J `FL •5� �0• \� /mIII M w a 0 0 w N ` i V) z WLLI = cc x w V W o m 0 w V) V) Ballentine -111L LI&V Associates, PA 221 Providence Road 919.929.0481 Chapel Hill, NC 27514 ballentineassociates.com SCALE: AS NOTED DATE: 28 NOV 23 JOB NUMBER: 121010.01 DRAWN BY: N.J.L REVIEWED BY: D.W.S. EXHIBIT 2