HomeMy WebLinkAboutSW1210902_Wetland Determination/Report_20211124 (2)U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2018-02316 County: Henderson U.S.G.S. Quad: Skyland
GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Minkles Broadpointe II, LLC / Attn.: David Gibbons
Address: 7 Cherrywood Road
Locust Valley, NY 11560
Email: david@bunrootis.com
Size (acres): 25.07 Nearest Town: Mills River
Nearest Waterway: UT French Broad River Coordinates: 35.42624,-82.55295
River Basin/HUC: Upper French Broad (06010105)
Location description: The project site is located on a tract of land (PIN 9642-18-7974) at the east corner of Old Fanning Bridge
Road and Broadpointe Drive in Mills River, Henderson County, North Carolina.
Description of projects area and activity: This permit verification authorizes 88.4 linear feet (0.006 acres) of permanent stream
impacts to an unnamed tributary of the French Broad River associated with commercial development.
Notes:
1. Your project must meet the requirements of regional condition 3.6 for installation of culverts (see attached NWP).
These requirements define measures which promote the safe passage of fish and other aquatic organisms and are to
be included in the construction/installation of culverts.
2. Your project is located within the FEMA designated 100-year floodplain. The project must meet the requirements of
general condition 10 for fills within 100-year floodplains and must comply with applicable FEMA-approved state and
local floodplain management requirements.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18
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 September 28, 2021, with revision of October 21,
2021. 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/regional authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional 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/regional permit. If the nationwide/regional 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/regional permit, activities which have
commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain
authorized provided the activity is completed within twelve months of the date of the nationwide/regional 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.
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.
CESAW-RG-A 2018-02316
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 Brown at 828-271-7980, ext. 4232 or david.w.brown@usace.army.mil.
Corps Regulatory Official Date: November 4, 2021
David Brown
Expiration Date of Verification: March 18, 2022
Please note that this permit verification does expire on March 18, 2022. However, in accordance with 33 CFR 330.6(b), activities
which have commenced (i.e, are under construction) or are under contract to commence in reliance upon an NWP will remain
authorized provided the activity is completed within twelve months of the date of an NWP's expiration, modification, or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend, or revoke the authorization in
accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Activities completed under the authorization of an NWP which was in
effect at the time the activity was completed continue to be authorized by that NWP.
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 https://re ug latory.ops.usace.anny.mil/customer-service-survey/.
Copy furnished (by email):
C1earWater Environmental Consultants, Inc., Jeff Golladay, jeff@cwenv.com
CESAW-RG-A 2018-02316
Action ID Number: 2018-02316 County: Henderson
Permittee: Minkles Broadpointe II, LLC / Attn.: David Gibbons
Project Name: Broadpointe Industrial Facility
Date Verification Issued: November 4, 2021
Project Manager: David Brown
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 Brown
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
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