HomeMy WebLinkAbout20180239 Ver 1_More Info Received_20180409I�_ULS`l
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Southeastern Soil & Environmental Associates, Inc.
PO Box 9321
Fayetteville, NC 28311
Phone/Fax (910) 822-4540
Email mike@southeasternsoil.com
9 April 2018
NC Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Reference: Ryan's Place Subdivision, Wake County, North Carolina
NCDWR Request for Additional Information; DWR #18-0239
Dear NCDWR,
We received notification in a letter dated 2 April 2018 that the processing of the permit
application for the above referenced property has been placed on hold pending submittal of
additional information. The enclosed documents are provided for your use to address the
additional information request.
For Item #1, I have attached a map prepared by the engineer to clearly show the extent of
the wetland impact at the road crossing. There is only one wetland impact proposed in this
subdivision and it is for 0.15 acre of permanent wetland impact. No stream impacts are proposed.
For Item #2, a site meeting was conducted on 20 March 2018 with Mr. James Lastinger,
USACE. Mr. Lastinger concurred with the wetland and stream delineation, and has issued a
Nationwide Permit Verification for the project (attached).
For Item #3, the local community reviewing the stormwater program is the Town of
Varina. It is my understandiniz the stormwater plan has been submitted to the Town.
No Program - Verify Locally
Local Permitting Authority
State Permitting Authority
MULtiple Permitting Authorities € en
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Within 112 -mi of Shellfish Waters
County: WANE x
Permiaing: Lwal
Type: Phase II Entity
Basis: m Permlaed Phase 0 Judsdkmn
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Corxaet: Fupuy Varna
N OENR Region: Zn o
Category: Lacal Program
Pheve II We: Loral pogrom satisfies Phase II SW requirements
Where Am l?Fuquay-Varula
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NOW. New .,,n.zed areas from the 2010 U.S. Census are reflected in map permitting informabw,
See 2200,12_c ^raker reference data v, last updated December 2012.
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting
Southeastern. Soil & Environmental Associates, Inc.
For Item #4, the Corps of Engineers has issued the Nationwide Permit Verification
authorizing the project under NWP 29 Residential Developments. A copy is attached.
We trust that this provides the additional information requested. and that the permitting
process may proceed as soon as possible. If you have any questions, please feel free to contact
us at your convenience.
Sincerely,
Mike Eaker
Licensed Soil Scientist
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T I M M N GROUP
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NORTH CAROL OU LICENSE NO. C-1652
f iRYAN PLACE
d Fl UAV-VMNA WAKE CCOUNTY NORTH CAROLINA
IMPACT MAP
T.S. ARMY CODS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2018-00360 County: Wake County U.S.G.S. Quad: Fuquav-Varina
GENERAL PERMIT (REGIONAL ANIS NATIONWIDE) VERIFICATION
Permittee: Freddie Stancil
Bowling Road LLC
Address: 466 Stancil Road
, Angier, NC 27501
Telephone Number: 919-639-2073
Size (acres) .29 Nearest Town Fuquav Varina
Nearest Waterway Kenneth Creek River Basin Cape Fear
USPS HUC 03030004 Coordinates Latitude: 35.5610669052946
L6ngitude: -78.7968056093874
Location description: The r roiect site is approximately 29 acres located at 1335 Bowling Road, near the town of Fuquav-
Varin% Wake County, North Carolina. Aquatic resources on site drain to Kenneth Creek, in the Caue Fear River basin.
Description of projects area and activity: This permit verification allows for 0.15 acre of permanent wetland impacts from fill
associated with a residential subdivision road crossing. 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 02/15/2018. 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,umodify, 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)5544884 or James.C.Lastinger(i�usace.army.mil.
LASTINGERJAMES.0,
Corps Regulatory Official:
Date: March 21, 2018
Expiration Date of Verification' 03/18/2022
SAW -2018-00360
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
ht!p://corpsniapu.usace.army.mil/cm apex/Pp=13.6:4:0.
Copy furnished:
Agent: Mike Eaker
.Southeastern Soil & Environmental Associates, Inc.
Address: P® Box 9321 `
Fayetteville, NC, 28311
Telephone Number:
i
ji I
SAW-2018-00360
SP3ECIAL CONDITIONS
In order to compensate for impacts associated with this permit,, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensator*
Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions
listed on this form, are hereby incorporated as special conditions of this permit authorization.
Action ID Number: SAW -2018-00360 County: Wake County
Permittee: Freddie Stancil, Bowling Road LLC
Project Name: Rvans Place Subdivision/ Bowling Road/Wake County/Fuguay Varina
Date Verification Issued: March 21, 2018
Project Manager: James Lastinger
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
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory PM
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 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.
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i.
Signature of Permittee
Date
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR (APPEAL
Applicant: Bowling Road LLC File Number: SAW-2018-00360 Date: March 21, 2018
Freddie Stancil
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://,Aww.usace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 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 11 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 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 11 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 11 - 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.
PONT 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 o ortuni to participate in all site investiations.
Date:
Teleph one number:
Signature of appellant or agent.
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 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137