Loading...
HomeMy WebLinkAbout20140574 Ver 4_401 Application_2016081611111111111111111 inn 111111111 iiia 54956 .r AO FROM FAST LANE PICKUP DATE i PICKUP TIME It, SAME DAY DRIVER k, • # OF;PIECES � WEIGHT 828-0303 BILL TO SHIPPER RECEIVER 3RD PARTY NEXT DAY CAR VAN Srr ROUND TRIP CHARGEA--) •S O TIMMONS GROUP 5410 TRINITY ROAD, STE. 112 RALEIGH, NC 27607 (919) 859-56666 REF: 2)c 5)0 TO �jj'� c COMPANY NAME Thi`r L, AIA A 1 STREET ADDRESS C I '-) N . `a � I S' hL-Lf '-�'JA+ CITY " k 9_­':�_X ✓ ST -N ZIP'1 CONTACT NAME �&r eY) nth r/occ PHONE # SIGNATURE all /1 PRINT /-"/)(DATE TIME ••0�• • • • TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. TRANSMITTAL T0: Ms Karen Higgins NC Dept. of Environment & Natural Resources 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, North Carolina 27604 ❑ ENCLOSED PLEASE FIND: ❑ WE ARE SENDING UNDER SEPARATE COVER: Date: 08/05/2016 Job #: 36502 Project: Sunset Bluffs Subdivision Reference: Copies Sent To: COPIES DATE NUMBER DESCRIPTION 5 08/05/16 Permit Modification Request Includes- Updated PCN Impact Plan Previously Issued Permits THESE ITEMS ARE TRANSMITTED: If enclosures are not as noted, please notify us at once. 0 N U is r to W Ln N � o a U - a Ln 0 o � c Io ~ of J L COMMENTS:o 0 o c c oL @CflML E D AUG 0 j 2016 41 DEQ- R RESOURCES b 401 & BUFFER PERMITTING Thank you, Justin M. Milstein, SSIT Environmental Scientist , SIG d a 0 v in •�00*, 01 TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. August 5, 2016 Mr. James Lastinger Ms. Karen Higgins US Army Corps of Engineers NC Dept of Environmental Quality Raleigh Regulatory Field Office 401 & Buffer Permitting Unit 3331 Heritage Trade Drive, Suite 105 512 N. Salisbury Street Wake Forest, North Carolina 27587 Raleigh, North Carolina 27604 RE. Sunset Bluffs Subdivision NWP 29 Permit Modification Request Fuquay-Varina, Wake County, North Carolina Dear Mr. Lastinger and Ms Higgins: SSBNC, LLC, previously requested to use NWP 29 for 185 linear feet of perennial stream impacts, 8,173 square feet of permanent Zone 1 buffer impacts and 4,971 square feet of permanent Zone 2 buffer impacts for construction and grading for Sunset Bluffs Subdivision Phases 6, 7, 8, and 10 A 401 WQC from the NC Department of Environmental Quality for the above referenced impacts was also requested Permits were issued from both the USACE (SAW - 2013 -01898, 02/24/2016) and DWR (DWR #14-0574v3, 03/01/2016). A permit modification is being requested to reduce the amount of stream impacts for the proposed road crossing for Phases 6, 7, 8, and 10 of Sunset Bluffs Subdivision. We are now requesting 110.3 LF of permanent stream impact for the proposed crossing. With previous stream impacts for the existing sanitary sewer line of 36 LF, this brings the project's total cumulative stream impacts to 146 3 LF of permanent stream impact. With this drastic reduction of propose permanent stream impacts, the owner requests elimination of currently required mitigation. The new stream crossing design includes cementing the rip rap into the endwall base. Thus, because of the 1' bury depth the rip rap will be permanent and stable, and contained within the disturbance area The elevation of the top of concrete/rip rap fill material will match stream bed elevation allowing the passage of aquatic life during low flow periods. Please refer to revised attached PCN, supporting materials and plans for details describing the proposed impacts If you have any questions, please do not hesitate to call me (919-866-4508, 0ustin.mdstem(-timmons com) or Scott Mitchell at 919-866-4952 or scoff mitchellCcI-)timmons.com Respectfully Submitted, Justin Milstein, SSIT Environmental Scientist M 0 Ln Ln on C9 o+ rn X Ln ON v O ON a% E 0 0 E E 3 3 0F WAWAT Z7 a�< Office Use Only Corps action ID no DWQ project no Form Version 14 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d Type(s) of approval sought from the DWQ (check all that apply) 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ® Yes ❑ No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of project Sunset Bluffs Subdivision 2b County Wake 2c Nearest municipality / town Town of Fuquay-Varina 2d Subdivision name Sunset Bluffs Subdivision 2e NCDOT only, T I P or state project no 3. Owner Information 3a Name(s) on Recorded Deed Ransdell, William G III E & J Randsell LLC 3b Deed Book and Page No 011937 3c Responsible Party (for LLC if applicable) 01703 3d Street address 528 Hawthorne Street, Apartment 2 3e City, state, zip Houston, Texas, 77006 3f Telephone no 3g Fax no 3h. Email address Page 1 of 10 PCN Form — Version 1.4 January 2009 SAW -2013-01898 SPECIAL CONDITIONS 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. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory- Mitigation Responsibility Transfer Form Permittee: SSBNC, LLC Attn: Chad Blackmon Project Name: Sunset Bluffs Action ID: SAW -2013-01898 County: Wake 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 to the U.S. Army Corps of Engineers (USACE) 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 must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not 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 bank ledger to the Permittee, the USACE Project Manager, and the Wilmington 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: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian7 Coastal 148 - - 296 *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-dlgit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 296 Mitigation Site Debited:_ Restoration Systems/Pancho Stream, Wetland. and Nutrient Mltleatlon Bank (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 USACE, 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 Updated 23 November, 2015 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 USACE 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 USACE 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. 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 the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE 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 USACE 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 USACE, the Sponsor must obtain case-by-case approval from the USACE 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 USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE 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 USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn. Todd Tugwe/l, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email. todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: james.c.lastinger@usace.army.mil February 24, 2016 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 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 our website at http•//reltulatorv,usacesurvey.com/ to complete the survey online. 0 Action ID Number: SAW -2013-01898_ County: Wake Permittee: SSBNC. LLC- Attn: Chad Blackmon' •"' • � Project Name: Sunset Bluffs I Herbert Akins Rd /Holly S1'DAhks,/=Wake County Date Verification Issued: 02%24%2016 161,,.,. "�J1.E7.ti lC 4r', � _ ;.i •. . .. .-_ ". i •.3� .,:� _ _ Project Manager: James Lastin6ri." (\ ' Y •. . J) �.G'Ii'J. r j i . i:y• . .f' ., _• LI .. i ,fit .., l ( ^ 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: ARMY CORPS OVENGINEERS 66 ­ ° WILMINGTON DISTRICT Raleigh Regulatory, Field Office Attn: James Lastinger, Regulatory Specialist 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject io'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. '- ° �_ ,t;w .i t ., ;�; ��.. i, .f,1 •I•� _hl.. �f, -,�: u. _.� :�i"�; iS^eC.�7.^7 .,._, Signature of Permittee- Date ;; ,� j',` _ ; ;i'q Jill 1,t) 4ii1. NOTI]RWATICKOF AMCM, TRAT ATPFrAL'OMONS AND FRaCiESS AM REQUEST FIOR APMAL i Applicant: SSBNC, LLC Chad Blackmon File Number: SAW -2013-01898 Date: 02/24/2016 Attached is: - - See Section below __ _ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C _ - _ APPROVED JURISDICTIONAL DETERMINATION - - - D - - PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I- The following identifies your, rights'and options regarding anadministratWe'appeal d thvabove-decWon. ,Additional information -may be found'at or,htto•//www usace army mil/Missions/Civil Works/RegufatoryPrograrnhnndPermits:asnx or the,Corps,regulafi,ons5at 33,CFRPart 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you acccpt the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. ! SEs'i_&O-<RE,° UETfEOEtsAPP<E'Av o�iOBIE(�TIOIVS;® 9IYfgVITIALiP,ROFFER_ED�PERMIT _ T REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. t P.OINT,QF(C00 T,ITCTiF©R ,UESITYIO� If you have questions rcgarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: James Lastinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite t05 60 Forsyth Street, Room IOM15 Wake Forest, NC 27587 Atlanta, Georgia 30303-8801 919-554-4884 ext 32 Phone: 404 562-5137 RIGHT OF ENTRY. Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site invesfi ation, and will have the opporntuni to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 {r � � -, - �' ` _ ' + Lam. - - 5 ' , kL•J d a + •• - tF• - •ten �_ �� . -. _ 'h .i '• •1 z. _ _ - -. _ 't, �- �ti� .� _ fit, _ tilc� , tl r i r G�rti � 4 �� I _ ! ' t • h� � �r -�, 1`,2. "' I •` � n T •. � � 't 'I ., i.. P \ - ` .. c... .. 1 rY^.. �^ _ i -` .. -' � 4 � - ,� , . ' • - - � rt. � :j:�, �� - r � s I I - •- P i f ' • � ^ � - � ,i'r _ - ! �, �. _ �lr1A��..,'� ..�.r ... � e � - _ , �� � ',•t +� � � �• ,�f. .. y _� � �( ' V ,t," � � � _ � :a,' _ L 'ate _ � � , ,"P � . � - � it 1 �� ��+1.. - � < w - • �i� !�.• _ moi' t i - � � t ;,; 4 _ - _ - Y �- a .. 's�- - .. .,J r f ` gyp: k I n x ';'. ,_ � ^ � - _ _ ' _ _ _ 'j v _ 1= - - - �, -7 - - �' � , .�i � � ;c� r �_ �Y •,�•�, � - � ,. � fir, . r ; _ ., � r � � ;.�,,,r _ .1 . n � .. �,L .. - - +, r � of ,1, � 1�1 � I` I ' �`:�1._ + •tr� , STI_ A,` 'J�w.j, lea ~ ' 1 n • -_, - , , 1 �• - - � - �,1r , a� � � , , t _��� .-. - _ � � ., - i- a'• � �s'' - �. ,M1 � ,, y�i ,� �' - - 1. � ,- �_ � �`: �iP' � , _Y � _ - ° � 1 �. . -. . . ; aF', �� _ l -. � � _ _� tr � i 4 . 1 � - - .+!`