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HomeMy WebLinkAbout20181041 Ver 1_USACE Permit_20180828U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-02329 County: Alamance U.S.G.S. Quad: NC -Mebane GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Desco Holdings, LLC Attn: Eric Dischinger Address: 600 Market Street Chapel Hill, NC 27516 Size (acres) 233.89 Nearest Town Mebane Nearest Waterway Haw Creek River Basin Cape Fear USGS RUC 03030002 Coordinates 36.049116 N, -79.293125 W Location description: The pro*ect area is located between the eastern terminus of Rock Bridge Drive and the western terminus of Burgess Drive, in Mebane, Alamance County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 114 linear feet of stream channel (92 linear feet of which constitute a permanent loss of waters), and the temporary discharge of dredged or fill material into 44 linear feet of stream channel necessary to construct access and infrastructure for Phase 1A of the Cambridge Park residential subdivision. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 8/13/2018, and additional information provided 8/24/2018 via email, and the enclosed plans Sheets 1 through 9. 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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. 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 David E. Bailey at 919-554-4884 ext. 30 or David.E.Bailey2(a�usace.army.mil. Digitally signed by BAILEY.DAVID.E.1379283736 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BAILEY.DAVID.E.1379283736 Corps Regulatory Official: Date: 2018.08.2815:53:30-04'00' Date: 8/28/2018 Expiration Date of Verification: 03/18/2022 SAW -2017-02329 Determination of Jurisdiction: A. ❑ There are waters including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 06/01/2018. Action ID: SAW -2017-02329. Digitally signed . BAILEY ent, o .=Doo, 83736 ou=PKI DN: c=US, o=BAI Government, 792837, ou=PKI, ou=USA, cn=BAILEY.DAVID.E.1379283736 Corps Regulatory Official: Date: 2018.08.2815:53:55 -04'00' David E. Bailey Date of JD: 06/01/2018 Expiration Date of JD: See previously issued JD SAW -2017-02329 SPECIAL CONDITIONS 1. 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 Compensatory 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. 2. Impacts 2 and 6 as shown on the enclosed plans shall be installed through trenchless methods, and thus no discharges of dredged of fill material are authorized into potential waters of the US for these stream crossings. 3. Impacts 3, 4, and 5 as shown on the enclosed plans shall be restored such that stream banks are re -graded to pre -construction conditions, matted with biodegradable fiber, and seeded/live staked with native riparian species. 4. Please note that future impacts and/or phases of the Cambridge Park development project and related activities associated with Corps Action ID: SAW -2017-02329 will be considered part of a single and complete project; these impacts will be considered cumulative with impacts permitted during earlier phases regarding compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts to aquatic resources for this single and complete project include permanent impacts to 114 linear feet (0.01 acre) of stream channel (92 linear feet of which are considered a loss) and temporary impacts to 44 linear feet (0.005 acre) of stream channel. This amounts to a total loss of potential waters of the US of 92 linear feet (0.01 acre). Digitally signed by BAILEY.DAVID.E.1379283736 =D US, ­U.S.U.S. Government, ou ou=DoD, ou=PKI, —USA, cn=BAI LEY.DAVID.E.1379283736 Date: 2018.08.2815:54:14 -04'00' Corps Regulatory Official: Expiration Date of Verification: 3/18/2022 Date: 8/28/2018 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 the Customer Satisfaction Survey located at ham://co�smapu.usace.army.mil/cm apex/f?�=136:4:0//co�smapu.usace.gM.mil/cm apex/f?�=136:4:0. Copy furnished: Brad Luckey, Pilot Environmental, Inc. P.O. Box 128, Kemersville, NC 27285 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 Compensatory Mitigation Responsibility Transfer Form Permittee: Desco Holdings, LLC (Attn: Eric Dischinger) Action ID: SAW -2017-02329 Project Name: Cambridge Park / Turner Road / Mebane / Alamance County / residential County: Alamance Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 92 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 184 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. acceptance letter identifies a specific site, also list the specific site to be debited). For NCDMS, list NCDMS. If the NCDMS Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated 7/17/2018 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1 j the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David E. Bailey USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: David.E.Bailey2@usace.army.mil Digitally signed by BAILEY.DAVID.E.1379283736 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BAILEY.DAVID.E.1379283736 Date: 2018.08.28 15:54:40 -04'00' 8/28/2018 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil PROPOSED FORCE MAIN 91 i lv w— r __j till PROPOSED SEWER OUTFALL FUTURE�� y PHASE -NOT • ,� 4'�qi*_ I DESIGNED ,t ' PROPOSED WET DETENTION e r' %1IMI Y ASAP w;r ' POND -ANTS ire + �^+na, �Ii 1 � � � _ r �4 .�.. --- - - • 4op- r 1 t IMPAC1 IMPACT -5 �. 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STREAM MPACT FOR PIPE: 4 LF SUFFER IMPACTS-. EXEMPT IMPACT -4 CAMBRIDGE PARK - PHASE 1 A STREAM IMPACTS MELVILLE TOWNSHIP-ALAMANCE COUNTY MEBANE-NORTH CAROLINA AUGUST 13, 2018 40 o Q6 w tl0 1 11101 =40F i E Vans 4609 llunda OrWc E ngineering, Inc. F 336854.88?607 ---Si-197; — Phone 336-354.8677 Enpjneen Sw -yom Phnnem Firm 7.ieeme No.: C-0166 �own�nres�arsco�nmxEx vrcS\uwemocr vNx-� w� SlrEET 7 OF 4 .. .... �558 30' 1 TEMP. J 't . CONSTRUCTION 1 EASEMENT THRU TEMP, STREAM IMPAC]:_ E BUFFERS SAND BAGS, #57 STONE & HOSE FOR 100—YR FLOOD �' � CULVERT PUMP AROUND (CHANNEL MUST BE RESTORED TO EXISTING CONDITION �',`= , UPON COMPLETION) 10' SEWER EASEMENT ~ y�'_ �DNE 2 _ THRU 1311FFER5 SES ;pt.4oQ 6yER 8., fgSE��N� _ ScR 10Nf.2 QEEAM IMPACTS: TEMP. STREAM IMPACT FOR PIPE PUMP AROUND: 8 LF TEMP. STREAM IMPACT FOR PIPE: 4 LF 1Jfi�t1.1, IMPACT -5 CAMBRIDGE PARK -PHASE 1 A STREAM IMPACTS MEIN ILLS TO W N S H W—ALAMAN CE COUNTY M13BANE--NORTH CAROLINA AUGUST 13, 2018 40 a 90 ao So 1 inch =407t. 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BM PUMPING AND CGIITFNUINO PUMPING WHILE WORKING WITHIN THE STREAM, 2] INSTALL DOWNSTREAM TEMPORARY STONE DAM AND FILTER FABRIC TO PREVENT BACKFLOW RTO CONSTRUDTwN AREA. DETAIL SHM CAMBIUDGE PARK — PHASE 1 A STREAM IMPACTS MSLVII.LE TOWNSfUP--AL.AMANCE COUNTY MEBANE-NORTH CAROLINA AUGUST I1, 20 P1 40 O 20 49 W WSTAL PROPOSED SILT FENCE ALONG TOP OF aARR EACK SDE OF THE TRI1C11ON AREA. 4= CONSTRUCTION COAPLETION. REMOVE TEMPDRARY DAMS. FILTER FA9MC- D 55 TEMPORARY DAM BOTTOMS INTO STREAM BEG UNTIL TDP OF RIP RAP IS LEVEL I I mah=TOfI, 1ITH STREAM BOTTOM - SJ UPON STABUZATION OF CLEARED AREAS, REAROLE TEMPCIq ANY EARTH BERM. SEDIMENT TRAP, AND DEWATERNG BASIN, 4fi09 Ih,ndnA iitiVi E Vin$ GE sl—p En neering1 Inc. 27407 - 876 oma 1974— Plmise 336854-8877 4 13ngineees su"Ofs PLw m Firm Ul a No.: G0168 PAR[-WETWRD wPACTS I Action ID Number: SAW -2017-02329 County: Alamance Permittee: Desco Holdings, LLC (Attn: Eric Dischinger) Project Name: Cambridge Park / Turner Road / Mebane / Alamance County / residential Date Verification Issued: 8/28/2018 Project Manager: David E. Bailey 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 Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2 @usace.army.mil 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. Signature of Permittee Date