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HomeMy WebLinkAbout20051881 Ver 5_USACE Permit 12-4-08_20190301U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2008-01215 County: Guilford USGS Quad: Guilford GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Faith Properties, Attn: Ken Lindholm Address: 10410-50OG Park Road Charlotte, North Carolina 28210 Telephone No.: 704-564-2672 Size and location of property (water body, road name/number, town, etc.): Approximately 270 acres; The site is located immediately. northwest of the Willard Dairy Road Barrow Road intersection in High Point Guilford County, North Carolina and is identified as Piedmont Crossinz a Planned Unit Development (PUD) that includes resrdenfial, retail, office and industrial phases. Description of projects area and activity: This.authorization supersedes SAW -2008-01215, issued on September 29 2008 and is for the temporary. discharge of clean fill material within 20 linear feet of a perennial stream channel (site T2) and.within 0.031 acre of adiacent wetland (site T3) for the installation of a sewerline This authorization also serves as a modification to USACE action ID SAVE' -2004-20295. This authorizes 81 linear feet of impacts at site S-1 and.67 linear feet of impacts at site S-2. Previously SAW -2004-20295 authorized Seventy-four (74) linear feet of impacts to site S-1 and seventy-five (75) linear feet of impacts to site S-2 Total permanent stream impacts at the site total 148 linear feet._ As a result, no compensate v'mitigatioa will be required The proiect must be conducted in accordance with the application and drawinEs submitted on March 06 2008, except for plan sheets 1 of 5, 5 of 5, and additional information, which was submitted on September 22 2008 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 Your work is authorized by the above referenced ne.rmit, rovirlPrl arrnmr,l;cl,ari ��.tet_ _aw 11--.__-di.i......,......t.u.--..ulv�"VVVlUn Ul , W1L11 LllV MLdched conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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 Quality (telephone (919) 733-1786) 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. 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 Andrew Williams. at telephone number 919-554-4884 extension 26. Corps Regulatory Official A /tI ry Date: December 4. 2008 Expiration Date of Verification: December 4, 2010 Page 1 of 3 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 our website at h2p://re ug latoly.usacesurve .com/ to complete the survey online. Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ 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 and Section 404 of the Clean Water Act. 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. ❑ There are waters of the US and/or wetlands within the above described project area 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. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued July 22, 2005. Action ID 200420295 ,Basis of Jurisdictional Determination: The streams are relatively permanent waters (RPWs) and are unnamed tributaries to an unnamed tributary (an RPW). This unnamed tributary flows to Oak Hollow Lake an RPW and an impoundment of the West Fork of the Deep River, an RPW. The West Fork of the Deep River flows to High Point Lake an RPW and+an impoundment of the West Fork of the Deep River. High Point Lake flows to the Deep River, a traditionally navigable water (TNW) which is a tributary .to the Cape Fear River, a navigable water of the United States The Ordinary High Water Marks (OHWMs) of the unnamed tributaries were indicated by the following physical characteristics: clear natural line impressed on the banks shelving, changes in the character of the soil, and the destruction of terrestrial vegetation The wetlands are contiguous with one of the unnamed tributaries and .:sect the hydrophytic vegetation wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual. This luriadictional determination is only for the waters/wetlands proposed for impacts associated with this Nationwide Permit and does not include any other waters/wetlands that may be located on the property. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Andrew Williams, Project Manager, Raleigh Regulatory Field Office U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by February 2, 2009. , "It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence." Corps Regulatory Official: A��-'1-J Date December 4. 2008 Page 2 of 3 Expiration Date December 4, 2013 Summary of Authorized 111110acts and Re uired Miti ation Action ID # NWP / GP # Open Water (ac) Wetland (ac) Unimportant Steam Important Stream(If) Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent, SAW -zoos- 01215 NWP 29 0.031 20 148 Impact Totals 0 0 0.031 0 0 0 20 148 Total Loss of Waters of the U.S. (ac) Total Loss of Waters of the U.S. (If) 148 Required Wetland Mitigation (ac) 10 Required Stream Mitigation Of) 10 Additional Remarks and/or Special Permit Conditions: Special Permit Conditions: 1. The project includes one (1) pre -cast concrete bridge that does not require the discharge of dredged or rill material into a water of the United States. If this structure is replaced and requires the discharge of dredged or fill material into a water of the United States, compensatory mitigation for the impacts will be assessed at a 1:1 ratio. Remarks: Impacts to waters of the United States for this project (SAW -2008-01215) and all other proposed impacts to waters of the United States within and associated with the Piedmont Crossing, including two (2) additional projects, SAW -2004-20295 (Piedmont Crossing) and SAW -2005-21021 (Walnut Creek) are a single and complete project as defined in the Code of Federal Regulations (CFR) at 33 CFR 330.2(i). The use of more than one Nationwide Permit (NWP) for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs`does not exceed the acreage limit of the NWP with the highest specific acreage limit. Based on the information that has been submitted to date, impacts to waters of the United States for the three (3) projects listed above, do not exceed the threshold limits of the applicable NWPs. The threshold limits of the applicable NWPs are 0.5 acre loss of waters of the United States, including 300 linear feet of stream channels with important aquatic function. Therefore, if either of these threshold limits is exceeded within the boundary of Piedmont Crossing (including but not limited to, the three (3) projects listed above) then this NWP verification is not applicable to your project. The plans submitted on March 6, 2008 indicate that impacts at site S-1 is 88 linear feet. However, based on information provided by the applicant on October 30, 2008, indicate that the total length was reduced to 81 linear feet. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Don Franklin City of High Point P.O. Box 230 211 South Hamilton Street High Point, North Carolina 27261 Wendell Overby Soil and Environmental Consultants, PA 248 LePhillip Court Concord, North Carolina 28025 Page 3 of 3 NOTIFICA-ITONT OF 'ADMIL\TISTRATIVE APPEAL OPTIONS ANMD PROCESS AND REQUEST FOR APPEAL Applicant: Faith Properties, Attn: Ken Lindholm File Number: SAW -2008-01215 Date: December 4, 2008 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E STICTION I : The following iaen.ti�.zes your rights arc: options regarding an adin nistrativ.- appeal of the abu :re decision. Additional information may be found at h :i!ww-cNr.usace.arm mil!inct/unctions/cw/ceewo/reg or CPrps ationa at 33 CFR Part 331. b 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 Yequest 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. R: PROFFERED PERMIT' You may accept or annaal the permit 'Y' rr-- • 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 H 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 II of this form and sending the form to the district 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 CONT..ACT FOR QITESTIONS JR INFOR%LkTION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Andrew Williams, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R U.S. Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 9M15 Wake Forest, North Carolina 27587 1 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature belokv 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 agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Andrew Williams, Project Manager, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsythe Street, Room 9M15, Atlanta, Georgia 30303-8801 Action ID Number:SAW-2008-01215 County:Guilford Permittee: Faith Properties, Attn: Ken Lindholm Date Verification Issued: December 4, 2008 Project Manager: Andrew Williams 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 3331 HERITAGE TRADE DRIVE, SUITE 105 WAKE FOREST, NORTH CAROLINA 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance rith the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date r• Line Bearing L1 N 86'-45'-27" W L2 S 89'-57'-46" E L3 N 59'-50'-48" W L4 S 29'-30'-56" W L5 S 59-47'-11" E L6 S 1'-43'-19" W L7 S 38'-40'-05" W LS N 89'-58'-01" E L9 S 35'-12'-19" E L10 S 44'-08'-53" W L11 N 65'-55'-44" W L12 N 30'-37'-08" E L13 N 8-48'-53" W L14 N 21'-19'-45" W L15 N 7'-44'-38" W L16 N 11'-15'-42" W L17 N 59'-45'-46" E L18 N 24'-48'-19" W L19 S 82-29'-51" W L20 S 29•-46'-3f" W L21 S 88-32'-32' W L22 S 76'-15'-07' W L23 N W-08'-50" E L24 N 10'-13'-28" E L25 N 10-13'-28" E L26 S 79'-46'-32" E L27 N 10'-13'-28' E L28 S 79'-48'-32" E L29 N 35-00'-45" E L30 N 00-05'-28" E L31 N 51-16'-45" W L32 N 14-58'-36" W L33 S 75'-42'-25' E L34 N 00'-51'-56' W L35 N 00'-51;-56. W L36 N 88'-51 -13 W L37 _ N 85'-12'-48" W L38 , S.._327=2a:-,43"• t. L39 N 87'-37`-15` L40 S 02'-16'-40" W L41 S 02'-16'-40 W L42 S 87-59'-33' W L43 N 87'-19'-2-t' W L44 S 19'-31'-23 W L45 S. 89'-56'-32" E- -_ L46 S 87'-07'-03" Ems•: L47 N 83-27;-57b W�� L48 -y A N••86'-28--4•R.••'•W._- L49 S 19'-31'-17" W* -- TOTAL SITE ACREAGE:. . TOTAL WETLAND AREA: TOTAL ISOLATED WATER ACREAGE: Distance y '' ✓ III[/ 1% 162.38' /7, fir ,: i � jl r✓ �j�1 1 i '-- � 1� i �i, �j j 133.69 / , 49.92 50.62' 77.39 225-61 - 1 /r ..� Jff f /• z y 61.88' v'// /!//f : r�1 ` f X-1 2.65` Mn' '`�` 56.87'^��.. t -� \✓r.�; 6.95' 'Z =Z 92.28' 5632'. r �;oe~�� � � � jlj, t/ /.- 65 42lit (�a 148,86' } 1 163.96} 133.62' r �/� _ `; 193.73' 105.69'Wry- 150.00 �• /) IfEr ' �! rj ! �i� �4- 1 �f �1� f� {: 100 00, !.l I,r ft rl r N 37.96' \ ~ j �� �11(Il/��/� /%�.tfi ���k�f11� i 14.67' 4.15 19002 54.67' 2.52' 165.98' = '94 .49; 114.53' 104.17' 1 l!��`��•f't \� ;� \���� t :4.69:03; �r.219:86' X41' -75178',%'�``'�- $5.01' .. / r.r f .` �/ �•�r i If 3.3t AC. 0.20 f AC. .`;"ice _.,_-•� l /r f/ � Z�`���\�� VE Wetland Delineation Survey For - 8 2005Faith Properties of the Carolinas, LLC Piedmont Crossings Residential, LLC CITY OF HIGH POINT GUILFORD COUNTY, NORTH CAROLINA 500' 250' 0 500` 1000' I E -- SCALE: 1 A = 500' Sheet 1 of 18 OVERAU SITE SEE SHEET 16 TO I8 FOR COMPLETE LINE TABLE, NOTES, LEGEND AND OTHER SITE INFORMATION AND DATA W 'This certifies that this plat accurately depicts the boundary of fl the jurisdiction of Section 404 of the dean Water Act as j determined by the undersigned on this date. Unless there is a �( change In the law or our published regulations, this determination IL of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the 1987 s of Engineers Wetlands Delineation Manual." (Name}. +c-er c . .": � ...... L JAMF,S. B.; STEPHENS. certify that this is not •a boundary survey, .boundary, Information shown -hereon taken From a map. "prepared by -nie entitled. SURVEY FOR FAITH PROPERTIES "" DF THE -CAROLINAS,' i.LC. dated June. 20OS;' that' flagging delineating wetlands as marked by S&EC, PA was field located and plotted hereon. YRtHess my hoed "and seal this day' o . 2oo& " -.aff111089 _ /1. L-3348 Registration Number v 0 J"ESTOWN ENGINEERING GROUP, INC.1 CONSULTING ENGINEERS S �A' 117 EAST MAIN STREET o P.O. Box 365 0 JAMESTOWN, N.C. 27282 N Telephone (336) 886-5523 0 N Job No. 2004-068