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HomeMy WebLinkAboutSW6231205_Wetland Determination/Report_20240416 Electronic Transmittal U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-02632 County:Harnett U.S.G.S.Quad:NC-Coats GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: Meritage Homes Chris Mehl Address: 3300 Paramount Parkway,Suite 120 Raleigh,NC 27560 Telephone Number: 919-768-2346 E-mail: Chris.Meh1(u,meritagehomes.com Size(acres) 53 acres Nearest Town Angier Nearest Waterway West Buies Creek River Basin Cape Fear USGS HUC 03030004 Coordinates Latitude:35.488742 Longitude: -78.739828 Location description: The project is located near 4583 Old Buies Creek Road near Angier,Harnett County,North Carolina. PIN:0673-72-4977,0673-72-7501,and 0673-52-9183 Description of projects area and activity: This verification authorizes the permanent conversion of 0.144 acre of wetland and temporary impacts to 0.144 acre of wetland and 38 LF of stream for the purpose of installing a sanitary sewer pipe connection to support the proposed new subdivision known as Gardner Farm. Applicable Law(s): ❑X Section 404(Clean Water Act,33 USC 1344) ❑Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Nationwide Permit 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 12/12/2023,and the enclosed plans Waters of the U.S.Impact Map Overall(Figure 1),revised on 12/21/2023,Waters of the U.S.Impact Map Inset 1(Figure 2),and Waters of the U.S.Impact Map Profile(Figure dated 12/8/2023.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 Katharine Elks at(910)251-4567or katharine.b.elks(u,usace.army.mil. Katharine Elks Digitally signed by Katharine Elks Corps Regulatory Official: Date:2024.01.29 09:15:30-05'00' Date: 1/29/2024 Expiration Date of Verification: 3/15/2026 Copies provided by email: George Buchholz,Colliers Engineering(agent) Chad Turlington,NC DWR SAW-2022-02632 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. b. 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' (Katharine Elks, 910-251-4567, Katharine.B.Elks@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. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Meritage Homes(Chris Mehl) Action ID:SAW-2022-02632 Project Name:Gardner Farm Subdivision County: Harnett 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:03030004,Cape Fear River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.144 *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:03030004,Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.144 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 Page 1 of 2 Form Date July 7,2020 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, 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 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: 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.armv.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Katharine Elks USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: Katharine Elks Digitally signed by Katharine Elks Date:2024.01.29 09:33:43-05'00' January 29,2024 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. Page 2 of 2 - Y U . U. a) g E D LL = U is L N U/ rc J t O U 2 i co c a Ill — o 2 o 4-1 co U• a -C / ' CL $k N I { co • z v o o ��/J�(/ter/+� 0_ N r �� — a, 3,.... v fir.~ j =o, rsi o Ili"w ', ,�i& ` `+- r �'' "4: ' R//'• Q N it - ',.*, ' r - ', t n ' i 'f -I? �� -• fit, a .f i; E-. Z s s II, L > 1 IE \.It YE I �If hikil lip . 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WN C1 I I A i 1 I I I I' I I I I + N o N n a` a Action ID Number: SAW-2022-02632 County: Harnett Permittee: Meritage Homes, Chris Mehl Project Name: Gardner Farm Subdivision Date Verification Issued: 1/29/2024 Project Manager: Katharine Elks 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: Katharine Elks Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or katharine.b.elks@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