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HomeMy WebLinkAbout20161073 Ver 1_USACE Permit_20161228U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2014-01698 County: Guilford U.S.G.S. Quad: NC-BELEWS CREEK GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: BRC Riverside, LLC Attn: Jim Grdich Address: 5826 Samet Drive # 105 High Point, NC 27265 Agent: CPT Engineering and Surveying, Inc. attn: Chuck Truby, P.E. Address: 4400 Tuning Street High Point, NC 27265 Size (acres) —250 Nearest Town Oak Ridge Nearest Waterway UT to Haw River River Basin Cape Fear USGS HUC 03030002 Coordinates 36.179412 N, -80.019801 W Location description: The project is located on the east side of pepper road, approximately 0.5 mile south of its intersection with Haw River Road, in Oak Ridge, Guilford County, North Carolina. Description of projects area and activity: This project involves the permanent discharge of till material in 68 linear feet of stream channel (441f is a permanent loss of waters) and temporary discharge of fill material into 14 linear feet of stream channel, necessary for the installation of a culvert and rip rap pad for a road crossing in phase 3 of "Riverside at Oak Ridge" subdivision. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: NWP 29 Residential Developments. SEE ATTACHED NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 10/31/2016 (received 11/4/2016 via email) and revised information submitted 12/12/2016 and 12/13/2016 (via email). 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 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 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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in 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 David Bailey at 919-554-4884 or David.E.Bailey2(&usace.army.mil. ou9"allusi9ne5 BAILBYDAN0.E13>9383136 ,o-BAI—DAVID p-83736 PKI, N LISA, m=BPILET.�AVI�.E13T9283I36 Corps Regulatory Official: °.'e. 0-2.28T5:M30.0500 Date: 12/28/2016 Expiration Date of Verification: 03/18/2017 Copy furnished: Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 SAW -2014-01698 SPECIAL CONDITIONS 1. Please note that future impacts and/or phases of this residential subdivision project and related activities associated with Corps Action ID: SAW -2014-01698 may be considered part of a single and complete project; these impacts may be considered cumulative with impacts permitted during earlier phases regarding compensatory mitigation and Nationwide Permit thresholds. Digitally signed by BAI LEY.DAVID.E.1379283736 DIV:oo=U.S. Government, ou=DoD,D, ou=PKI, ou=USA, —BAI LEY.DAVI D.E.1379283736 Corps Regulatory Official: Date. 2016.12.2615:00:50-05'00' Date: 12/28/2016 Expiration Date of Verification: 03/18/2017 Determination of Jurisdiction: A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ 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 (RHA) (33 USC § 403) and 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. C. ❑ There are waters within the above described project area that are 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. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 9/12/2014. Action ID: SAW -2014-01698. Digitally signed by BAILEY.DAVID.E.1379283736 DN: c=US, o=U.S. Government, ou=DOD, ou=PKI, ou=USA, cn=BAIBAILEY.DAVID.E.1379283736 Corps Regulatory Official: Date: 2016.12.2815:01:41-05'00' David E. Bailey Date of JD: 9/12/2014 Expiration Date of JD: 9/12/2019 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 attached customer Satisfaction Surveyor visit http://corpsmapu.usace.ariny.mil/cmcapex/Vp=136:4:0 to complete the survey online. Action ID Number: SAW -2014-01698 County: Guilford Permittee: BRC Riverside, LLC (attn.: Jim Grdich) Project Name: Riverside at Oak Ridge / 5940 Pepper Road, Oak Ridge, Guilford County / residential Date Verification Issued: December 28, 2016 Project Manager: David E. Bailey 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: David E. Bailey Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 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