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HomeMy WebLinkAbout20080420 Ver 1_USACE Permit_20080423r.) S- 0t+ 40 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2007-02757 County: Harnett USGS Quad: Coats GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIF p ffi QN _ Property Owner / Authorized Agent: Mr. Sam Nemroff Do Penn Wynne Homes, Inc. Address: PO Bog 240 Wynnewood, PA 19096 APR 200 0,F LAIN,- S Telephone No.: 610-896-5050 Size and location of property (water body, road name/number, town, etc.): The property is located east of West Buies Creek, west of the intersection of Old Buies Creek Road and Montague Road, south of Angier, Harnett County, North Carolina. Description of projects area and activity: This permit authorizes permanent impacts to 0.018 acres of wetlands and 0.346 acres of open water for the construction of roads and temporary impacts to 0.113 acres of wetlands for the installation of a utility line associated with the development of Wynne Creek residential subdivision. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide 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 Quality (telephone (919) 733-1786) 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. 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 Ronnie Smith at 910-251-4829. Corps Regulatory Official: Ronnie Smith Date: April 21, 2008 Expiration Date of Verification: April 21, 2010 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://regulatory.usacesurvey.com/ to complete the survey online. Page 1 of 2 Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued. Action ID Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and is adjacent to West Buies Creek a tributary of Buies Creek a tributary of the Cape Fear River, which is a traditional navigable water of the U.S. This site contains water bodies that exhibit ordinary high water marks and are tributaries of West Buies Creek. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Ronnie Smith, Project Manager, Wilmington Regulatory Field Office PO Box 1890 Wilmington, North Carolina 28402 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by June 20, 2008. **It is not necessary to submit an RFA form to the Dis e if ou o not object to the determination in this correspondence.** Corps Regulatory Official: Ronnie Smith Date: April 21, 2008 Expiration Date: April 21, 2013 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Mr. Charlie Benton URS Corporation 1600 Perimeter Park Drive, Suite 400 Mooresville, NC 27560 Mr. Ian McMillan NCDENR-NCDWQ 1650 Mail Service Center Raleigh, NC 27699 Page 2 of 2 Action ID Number: SAW-2007-02757 County: Harnett Permittee: Penn Wynne Homes, Inc. - Mr. Sam Nemroff Date Verification Issued: April 21, 2008 Project Manager: Ronnie Smith 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 WILMINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. 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 Wynne Creek Penn Wynne Homes Inc. Harnett County AID# SAW-2007-02757 Special Conditions: 1) The permittee shall execute and cause to be recorded in the Pender County Register of Deeds, restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on the attached plat titled "Wynne Creek - Compensatory Mitigation Plan" and dated February 21, 2008, in their perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive covenants and survey to the Corps of Engineers within 15 days of recording. The provisions relating to wetlands cannot be amended or modified without the express written consent of the U.S. Army Corps of Engineers, Wilmington District. Corp Regulatory Official Ronnie Smith Date: April 21, 2008 0 CL 0 Z Q CL W ?.v C?l C"I oOPEN I W4 CJ 1 1 I I i i I I ` it WATER I PERMANENT; ?- I I I =' i WETLAND !r i? IMPACT I ; - --- „ 'r - 1, ?`i?I ?. - ,•,? ?? 77 N '1 rl ' ` r I I. 77 N j ; Z _ ; ?\ \ ! 1 D INATiE CAP PFO, WETLANDS I I ?? SMEI j ' --JI T a I,.. `II m ?- _ ' ___ \ ` •_\\•'` ?I l'? ?'( / I__-__JI I - /' I Sj! ?°:y7 f'R ° TEMPORARY 7?--II1?, IMPACT M L r r` \ J f , Q - 11 u \ I' \ i g/? yry 2008 N) AID Ci QI)A Z , I 7 ?7____,__-_____ -' f. 1 ' LLI PROPOSED :.:. .:. .:...:.::...... ..... ?'? ; co DRY POND ? W3 _ ?i > PERMANENT r `L PFO WETLAND ! -' IMPACT l /J LIJ I I. I - I , , .. ?' `. 1 I r / I 7 > -,j I I ? i r PRESERVED WETLANDS (%T 13J5 Ac MITIGATION RATIO 29:1 ©2008 by ETd, PA. No portion of the drawings may be copied, reproduced, redrawn or modified without the written consent of ETd, PA. 0 300 600 SCALE: HORIZONTAL 1" = 300' EL-AM TODD, d'AMEROSI 019AN PL4NT0.'A-LROIOCAM AlCMr8CR= OBBMS hASSOCIATES XINTERNATIONAL GOUCOUMEDESIGN' MAS PL NING' CONSTRUCnON MANAGEM 28E09EATRRHOAD, WZM 200 MORPJBVnI$NO&TH CAROIJNA27560 USA OFFICE 919.481.2021 FAX 919.481.2773 EMAIL «d@eldpa.com PRELEVMVARY NOTFOR CONSTRUCTION WYNNE CREEK COMPENSATORY MITIGATION PLAN CLIENT PENN WYNNE HOMES P.O. BOX 240 WYNNEWOOD, PA 19096 (610) 896-6050 CONTACT SAM NEMROFF ENGINEER ELAM, TODD d'AMBROSI 2880 SLATER ROAD STE. 200 MORRISVILLE, NC 27560 (919) 481-2021 CONTACT: SUSAN HOBBS ENVIRONMENTAL URS CORPORATION 1600 PERIMETER PARK DR SUITE 400 MORRISVIL E, NC 27560 (919) 461-1435 CONTACT: CHARLES BENTON Drain By: BMH Checked By. SWH Date: 2-21-08 Proj#: 2701010 Revisions 3-28-08 DWQ COMMENTS UUO ?MP°L: SHEET W-4