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