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HomeMy WebLinkAbout20060711 Ver 2_USACE Permit_20170201U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2013-01144 County: Wake U.S.G.S. Quad: NC-FUOUAY-VARINA GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mungo Homes of North Carolina Attn: Chris Simmering Address: 2514 Reliance Ave Apex, NC, 27539 Telephone Number: 919-390-5299 1 0 FEB 2017 By: Soil & Erivi;onmental Consultants, PA Size (acres) 20.15 Nearest Town Holly SprinLys Nearest Waterway Utley Creek River Basin Cape Fear USGS HUC 03030004 Coordinates Latitude: 35.62696602363 Longitude: -78.8736604972121 Location description: The project site is approximately 20 acres known as Holly Pointe phase II, located adjacent to Avent Ferry Rd., near the town of Holly Springs, Wake County, North Carolina. Aquatic features on site drain to Norris Branch, in the Cape Fear River basin. Description of projects area and activity: This permit verification allows for 139 linear feet of permanent stream channel impacts, and 25 linear feet of temporary stream channel impacts from fill associated with the installation of a culvert and road crossing for the Holly Pointe residential subdivision phase II. No mitigation is required for this proposal. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments. SEE ATTACHED RGP or 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 02/01/2017. 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 (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. 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 James Lastinger at (919) 554-4884 or James. C.Lastinger(a,usace.army. mil. Corps Regulatory Official;�_, Date: February 3, 2017 Expiration Date of Veriffc9fon: 03/18/2017 SAW -2013-01144 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 our Customer Satisfaction Survey, located online at http://comsmgpu.usace.army.mil/cm apex/f?p=136:4:0. Copy furnished: Agent: Soil & Environmental Consultants, PA Bob Zarzecki Address: 8412 Falls of Neuse Road, Suite 104 Raleigh, NC, 27615 Telephone Number: Action ID Number: SAW -2013-01144 County: Wake Permittee: Mun o Homes of North Carolina Chris Simmering Project Name: Holl Pointe Subdiyision/Holly Sprin s/Wake Coun Date Verification Issued: Fe= 3, 2017 Project Manager: James Lastinm Upon completion of the activity tivi 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 Raleigh Regulatory Field Office Attn: James Lastinger, Regulatory Project Manager 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27587 p y Please note that our ermitted activity is subject to a compliance inspection by a UArmy Corps of EngPthorization may ineers re resentative. Failure to comply with any terms or conditions of hi Guth a Class I result in the Corps suspending, modifying or revoking the authorization and g 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. Date Signature of Permittee Applicant: Mungo Homes of North Carolina File Number: SAW -2013-01144 Chris Simmering Attached is: ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of p F- PROFFERED PERMIT (Standard Permit or Letter of permission PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION ssion Date: February 3, 2017 See Section below A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. 0 on rrriits aspx` . 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 acceptor appeal the approved JD or provide new information.days of to notifythe Corps to accept an approved JD. Failure to notify the Corps within 60 approved JD date of this the • ACCEPT: You do not need notice means that you the the approved JD in its entirety, and waive all rights to appeal t • f you disagree with the approved JD, you may appeal the approved JD under. tmh th district rps of engineer. This form • . neers APPEAL. I y g Administrative Appeal Process by completing Section II of this form and sending the o must be received by the division engineer within 60 days of the date of this notice. ond to the Corps regarding the PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to approved JD (which may be appealed), E: PRE pp preliminary JD. The Preliminary JD is not appealable. If yo uowlmay° new information for further consideration by the by contacting the Corps district for further instruction. Alsoy y provide Corps to reevaluate the JD. p. N INITIAL PROFFERED PERMIT VEST; FOR APPEAL 6 r.0BJECTIONS. TO A SECTION°,II „REQ ibe our reasons for appealing the decision or your objections to an initial REASONS FOR APPEAL OR OBJECTIONS: (Describe y ' l information to this form to clarify where your reasons or proffered permit in clear concise statements. You may attach additiona objections are addressed in the administrative record.) The appeal is limited to a review of the administrative record, the Corps memorandum needed to record PP ADDITIONAL INFORMATION:pp ord of the appeal conference or meeting, and any supplemental information that officer information or analyses to the record. clarify the administrative record. Neither the appellant nor the However, you may provide additional information to clarify he location of may information that is already in the administrative record. EITIOI. POINT,OP�CONTACTFOR, ;UESTIONS, OR 1NFORIVI onlyhave questions regarding the appeal process you may If you have questions regarding this decision and/or the alsoIf yocontact: appeal process you may contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO Raleigh Regulatory Field Office James Lastin er, Regulatory Project Manager U.S. Army Corps of Engineers, South Atlantic Division Attn: . Jam g 60 Forsyth Street, Room 1OM15 3331 Heritage Trade Dr., suite 105 Atlanta, Georgia 30303-8801 Wake Forest, NC 27587 Phone: (404) 562-5137 919-554-4884 ext 32 government RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers ers gess Your will be provided a 15 day consultants, to conduct investigations of the project site during oth courseate in all f the appeal investigations. notice of any site investigation, and will have the opportunity to participate a 1' Telephone number: Siv,nature of appellant or For appeals on Initial Proffered Permits send this form to: Wilmin ton Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North District Engineer , g 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