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Home My WebLink About20042029 Ver 3_USACE NWP 39_2019-05-13_scanned_20190903U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Td. SAW -2003-20448 County: Wake County U.S.G.S. Quad: Apex GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Todd Harrelson Cross Real Estate Group Address: 9615 Bales Lane Charlotte, NC 28227 Telephone Number: 980-498-2069 Size (acres) 1.97 Nearest Town Holly Springs Nearest Waterway Basal Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.6333743436676 Longitude: -78.8287049166242 Location description: The project site is approximately 2 acres located adjacent to NC Hwy 55, bordered to the south by Ralph Stephens Rd., near the town of Holly Springs, Wake County, North Carolina. Description of projects area and activity: This permit verification allows for 0.25 acre of permanent wetland impacts from till associated with the construction of a retail/commercial building. Mideation is required for this proposal. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 39 Commercial and Institutional Developments SEE ATTACHED RGP or 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 attached conditions and your submitted application and attached information dated April 25, 2019. 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 and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general 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 (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. 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 Lastineer at (9 1 9) 554-4884 or James.C.Lastinger(Cc�usace.army.mil. 77 LASTINGER.JAME Digitally signed by Regulatory egulatory Official: LASTI NGER.JAMES.C. 1363642400 Date: Mav 13.2019 Date: 2019.05.1310:53:47-04'00' Expiration Date of Verification: March 18, 2022 SAW -24103-21144N 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://cop2smgpu.usace.aM.mil/cm_apex/f?p=13 6:4:0. Copy furnished: TROY BEASLEY WITHERS & RAVENEL 219 STATION ROAD WILMINGTON, NC 28405 S_AW-2003-20448 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. Action ID Number: SAW -2003-20448 County: Wake County Permittee: Todd Harrelson Cross Real Estate Group Project Name: Ralph Stephen Rd site/Speedway LLC/Holly Sprino/Wake County Date Verification Issued: May 13, 2019 Project Manager: James Lastin2cr 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 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. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Todd Harrelson, Cross Real Estate Group File Number: SAW -2003-20448 Date: May 13, 2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) 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 htti3://www.usace.army.mil/Missions/CivilWorks/RegulatoryPrmramandPermits.asl3x or Corps re ulations 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 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. 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 IT 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 Attn: James Lastinger CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room 10M15 919-554-4884 ext 32 Atlanta, Georgia 30303-8801 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 investiations. Date: Telephone number: Signature of appellant oragent. 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 \\\ \ \ \ \ \ \ \ \ \R/W MON / G r \rQti \\\EX\TINGWETL\DS\ \\ --- `DELINEATION PER \ \ \ REF. (d). c PROPOSED SCM OUTLET PIAb PE PROPOSED SCM #1 \ \ \ \ \ IMPACT 1 PERMANENT WETLAND IMPACT / 0.25 ACRES (10,912 SF) N \ / \ \ R/W MON \ \FOUND 428 p22�(`\ FIBE \ \ \ ❑ PIT \ //I 434 V \ \ 429 430 •\ \ \ p /i I 4 5 Alr� pp \ \ \ FF=433.00 BANK 43 SPACES `433 6- 43q . \' / 43 ^I p a3ti\TRE�TY/J \ 434 50 g[�TBAC ------ \\ 434 434 435 ---- -- 5 r / \ 4347 -438__ / \/ RALF i'�'�HENS ROAD 4�♦437— —436 L -439— 438 ' F NOT FOR CONSTRUCTION 60 120 z Firm License F-1267 PENNONI ASSOCIATES INC. 5430 Wade Park Blvd, #106 Raleigh, NC 27607 T 919.929.1173 F 919.493.6548 NO. I DESCRIPTION I DATE I BY ' 1 1 PARKING ADDED AND SCM ADDED 104/22/2019 SAK INInTGc- 1. THIS EXHIBIT REFERENCES DEVELOPMENT PLANS DESIGNED BY OTHERS. 2. REFERENCED PLANS CAN BE FOUND HERE: HTTPS://WWW. HOLLYSPRI NGSNC. US/890/PROJ ECT -LI STING 3. REFERENCED PLANS a.) LOWE'S OF HOLLY SPRINGS / GROCERY (18 -DP -15) b.) ALDI (18 -DP -03) c.) COLLINS PARK (15-MAS-04-AO1) d.) WETLAND BOUNDARY, PREPARED BY WITHERS RAVENEL, DATED 3/7/19. "0'C; 55 MAIN STRFL i 0s At Holly Springs Q SQUARE S� IHOP Ia 06 SOMERSET FARM .8kF Or o 5 SITE r h $sep yr� X C, 2 ri tour Or y VICINITY MAP NTS ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF PROJECT THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC DATE PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. DRAWING SCALE DRAWN BY WETLAND IMPACT EXHIBIT APPROVED BY CCREG18001 2019-04-08 1 "=60' CJJ JJB NORTHWEST CORNER OF NC HWY 55 BYPASS AND RALPH STEPHENS ROAD HOLLY SPRINGS, NC SHEET 1 OF 1