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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