HomeMy WebLinkAbout20161042 Ver 3_More Info Received_20170103U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.' SAW -2016-02187 County: Wake County U.S.G.S. Quad: Rolesville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Sean Cooney
DS Traditions Sub, LLC
Address:
640 5th Avenue
FL 17
.New York, NY 10019-6102
Telephone Number:
602-481-4301
Size (acres)
65
Nearest Town Wake Forest
Nearest Waterway
Smith Creek
River Basin Neuse
USGS HUC
03020201
Coordinates Latitude: 35.9915555329845
Longitude: -78.4815995422372
Location description: The prosect site is the proposed
phases 4 and 5 of the Del Webb Residential subdivision.
Description. of projects area and activity: This permit verification allows for 0.088 acre of permanent wetland impacts, 0.017
acre of temporary wetland impacts and 14 linear feet of temporary wetland impacts from fill associated with the installation of
sewer line and greenway trail for phases 4 and 5 of the Del Webb residential subdivision. No mitigation is required for this
proposal.
I o date impact totals for all phases of the Del Webb subdivision are as follows: 0.095 acre of permanent wetland impacts,
,,0.025 acre of temporary wetland impacts, 88 linear feet of permanent stream channel impacts, and 117 -linear feet of
!;
"temporary stream channel impacts.
;;Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
i, ❑ 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
jYour 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 12/07/2017. 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
! P administrative penalty, and/or appropriate legal action.
I 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) mayalso 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.
signed by
LASTINGERJAI. DLASTINGERJ MES.C.1363642400
ON.
c=US, o=U.S.Government,
MES.C.136364' aau=DoD, ou=PKl, ou=USA,
SAW -2016-02187 cn=LASTINGERJAME5.C.136364240
2400
Corps Regulatory Official: Date:2°,e.°'.03,°`4,:36-05'�' Date: January 3, 2018
Expiration Date of Verification: 03/18/2022
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://d6rpsmapu.usace.army.mil/cm_apex/Pp=136:4:0.
Copy furnished:
Agent: Bob Zarzecki
Soil & Environmental Consultants, PA
Address: 8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Telephone Number:
Action ID Number: SAW -2016-02187 County: Wake County
Permittee: Sean Cooney, DS Traditions Sub; LLC
Project Name:' Del Web at WAe'Forest/subdivision/Wake Forest/Wake County
Date Verirkation-Issued: January 3, 2018 ,
Project Manager: James Lastinger
Upon completion of the activity' au'th'orized by this permit and any mitigation required by the permit,
sign this certification and return;if to the following address:
US ARMY CORPS .OF ENGINEERS
WILMINGTON DISTRICT.
Raleigh Regulatory Field Office
Attu; James Lastinger, Regulatory PM
' 3331, Heritage Trade Dr., suite 105
Wake Forest NC 27587.'
Please note that your.p'ernmitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. ''Failure to comply with any terms or, condition's of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty; 'or. initia�ting other appropriate legal action.
I hereby certify that the;work authorized by the above referenced permit has been completed in
accordance with -the teras! and condition of the said permit, ander, equ,ired mitigation was completed in
accordance with the permit conditions.
F
Signature,of Permittee Date
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
Applicant: DS Traditions Sub, LLC File Number: SAW -2016-021 87 Date: January 3. 201 N
Sean Cooney
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 an administrative appeal of the above
decision. Additional information may be found at http://www.usace.armv.mil/inet/functions/cw/cecwo/res; or
Cor s_re ulations.at33 CFR Part 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 lI 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 accept 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 Il 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.
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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding 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 PM
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105
60 Forsyth Street, Room l OM 15
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 investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or went.
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
i• i II