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HomeMy WebLinkAbout20081562 Ver 3_401 Application_20180418A!�LMG LAND MANAGEMENT GROUP INC. Environmental Consultants April 19, 2018 TO: Mr. Chad Coburn NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 OW RE: Asset Storage; Belville, NC (Brunswick County) 401 WQC Application (GC 3890) DWQ Project# 08-1562 Dear Chad: D15 INr,tt 2 3 2018 Enclosed is a 401 WQC application for your review. This application is submitted on behalf of Robert High Development, LLC for the construction of Phase 2 of a mini -storage facility located off of Blackwell Road in Belville, NC. The applicant is proposing to construct two mini -storage buildings, an outdoor storage area, and associated access ways. Because of the extent and location of wetlands within the site, impacts to 0.31 acre of wetlands are needed. To mitigate for these impacts, the applicant proposes to buy 0.6 acre of non -riparian wetland credits from the Lower Cape Fear Umbrella Mitigation Bank. Note that the current owner obtained a NWP 39 and 401 WQC in 2008, 2011, and 2016 for the project. They did not move forward with the expansion and are now selling the property. The new buyer plans to move forward with the previously authorized site plan and this submittal includes the same plan that was authorized in 2016. Enclosed are the PCN form, site maps, site plan, and previous permits for your review. The DWR application fee has been submitted to your Raleigh office. Please let me know if you have any questions or need additional information. Thank you for your assistance with this project. Sincerely, Kim Williams Environmental Scientist Encl. cc: Mr. Robert High, Robert High Development LLC Ms. Jennifer Burdette, NC DWR www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 0F V1AT�FROG O Mlwaw-c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer .1 h below. ® Yes ❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Asset Storage 2b. County: Brunswick County 2c. Nearest municipality / town: Belville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Asset Storage LLC 3b. Deed Book and Page No. 03195 0770 3c. Responsible Party (for LLC if applicable): Anne Sorhagen 3d. Street address: 9820 Blackwell Road SE 3e. City, state, zip: Leland, NC 28451 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Applicant is development manager 4b. Name: Mr. Robert High 4c. Business name (if applicable): Robert High Development LLC 4d. Street address: 223 Greenville Avenue 4e. City, state, zip: Wilmington, NC 28403 4f. Telephone no.: (910) 790.9490 4g. Fax no.: 4h. Email address: Robert@roberthighdevelopment.com 5. Agent/Consultant Information (if applicable) 5a. Name: Kim Williams 5b. Business name (if applicable): Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: (910) 452-0001 5f. Fax no.: (910) 452-0060 5g. Email address: kwilliams@lmgroup.net Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0380003002 1 b. Site coordinates (in decimal degrees): Latitude: 34.223372 Longitude: -78.007879 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 6.4 ac 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Jackeys Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C; Sw 2c. River basin: Cape Fear 03030005 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site currently supports a mini -storage facility. 3b. List the total estimated acreage of all existing wetlands on the property: 0.5 acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct Phase 2 of the existing mini -storage facility by adding two buildings and access ways in order to meet the storage needs of the residents of Belville. 3e. Describe the overall project in detail, including the type of equipment to be used: Phase 2 of the project consists of the construction of two additional mini -storage buildings (11,970 sf and 17,050 sf), an outdoor storage area, and associated access ways. An existing stormwater pond located in the northern part of the site will also be expanded. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Paul Farley Land Management Group, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. John Policarpo of the USACE verbally approved the wetland line on 5/24/16 (Action ID# SAW -2008-2987). This was a renewal of a previously approved line for a larger site. The new JD was issued along with the NWP in 2016 (enclosed). Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. In 2009, the applicant obtained a NWP 39 and 401 WQC to impact 0.31 acre of wetlands to construct two storage buildings. An extension to the NWP was issued in 2011. The economy slowed down and only the first building was constructed, which did not require wetland impacts. The site plan was modified slightly in 2016 from one additional building to two smaller buildings (wetland impacts remained the same) and new NWP 39 / 401 WQC permits were obtained. The owners did not move forward with the expansion and are now selling the property. The new buyers plan to move forward with the previously authorized site plan and this submittal includes the same plan that was authorized in 2016. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The proposed project consists of Phase 2 of the Asset Storage project. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ®P ❑ T Fill/Grading Non -Riparian ® Yes ❑ No ® Corps ® DWQ 0.31 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.31 2h. Comments: 3. Stream Impacts N/A If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts F3:i:C�omments: N/A Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts N/A If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑ PEI T 0. Total open water impacts N/A 4g. Comments: 5. Pond or Lake Construction N/A If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) N/A If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact B1 ❑P❑T -required? El Yes ❑ No ❑ Yes B2 ❑ P ❑ T ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts were minimized as much as possible through careful site design. The extent of wetlands within the site made avoiding all wetlands impossible. Impacts are limited to the construction of one of the mini -storage buildings and access ways, which will impact 0.31 acre of wetlands. During the first NWP application for this project, the site plan showed 0.46 acre of wetland impacts. However, the project engineer reduced the size of the second building and associated vehicular access ways. This reduced wetland impacts to 0.35 acre. The site plan was revised again to include the construction of retaining walls, which further reduced wetland impacts to 0.31 acre. This was a 33% reduction in impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be used during construction to reduce sediment from eroding into adjacent wetland areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ® Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Non -riparian Quantity: 0.6 ac 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program NIA 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan NIA 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form —Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan N/A 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 77% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Project engineer obtained a stormwater permit from DWR in 2012 (SW8 071002). ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Brunswick County ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ® Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ® Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review N/A 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s).- iolation(s):3. 3.Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project will not provide access or utilities to adjacent properties. No additional wetland impacts are expected within the site. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated by this project ties into the local municipality's system. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program GIS layer was used to determine the presence of federally -listed species. No federally -protected species are known to occur within the project area. The American alligator has been documented within a one -mile radius of the site, likely within the Cape Fear River. Appropriate habitat for the alligator does not exist within the site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat. The project area is not considered EFH or HAPC for any species. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No cultural or historical resources were noted within the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 -year floodplain. Kim Williams/Z__ 4/18/2018 Applicant/Agent's Printed Name pplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 11 of 11 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404%401 permit application for the Asset Storage; Brunswick Counter project. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, — //� -7, "'/' ppli nt Print Name df I-] lo Date' Boundaries are approximate and are not meant to be absolute. Map Source: ArcGIS World Street Map Esri, HERE, DeLorme, USGS, Intermap, increment P Corp.. ri Japan, METI, Esri China (Hong Kong), Esri (Thailand), Mapmylndia, ©; penStreetMap contributors, and the GIS User ty SCALE 1" = 1 mile Asset Storage LMG Brunswick County, NC _ Figure 1 www.lmgroup.net Vicinity Map April 2018 3805 Wrightsville Avenue LMG # 40-18-124 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 Boundaries are approximate and are not meant to be absolute. Map Source: USGS Brunswick County GIS Mosaic %:. 7 :� . 't." SCALE 1" = 800' Asset Storage LMG Brunswick County, NC Figure 2 www.lmgroup.net USGS Topographic Map April 2018 3805 Wrightsville Avenue LMG # 40-18-124 Wilmington, NC 28403 1 1 Phone: 910.452.0001 Fax: 910.452.0060 Legend Lo: Leon fine sand Mu: Murville mucky fine sand To: Torhunta mucky fine sandy loam *Boundaries are approximate and are not meant to be absolute. Map Source: NRCS Soil Survey Asset Storage LMG Brunswick County, NC I _ www.lmgroup.net April 2018 3805 Wrightsville Avenue LMG # 40-18-124 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 200' Figure 3 Soils Map SITE I`Boundaries are approximate and are not meant to be absolute. Map Source: 2016 NC OneMap k - SCALE 1" = 200' Asset Storage LMG Brunswick County, NC _ v�„1.,NA,,��,��,�:�, ., Figure 4 www.lmgroup.net Aerial Photograph April 2018 3805 Wrightsville Avenue LMG # 40-18-124 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 INFORMv fO: HANOVER r)FSIU."- ",fRVICES. =/ 'r NLR DEVUAPi'R. 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PROPEF 90VRMRYURE ---iE 0VER7EADELECnVC — X - - - wETLANDs SPOTELEVATION - EASEA@3Jrs BULDM OURINE PROPOSED EOP 11 BRLCKCOLUUN til QLp UGWPOLE Opp POWER POLE GV+ GUY WI RE GP GASPOST y AWL BOX o CATCHaASNJ ® GRAVEL wETIANDF7ILARE4 uuC�r CAPE FEAR ENGINEERING 151 Poole Rd .Suite 100, BeM1ille NC, 28451 TEL (910) 3831014. F.kX (910) 3331045 www cap=_tearengineanng mai N C I ICENSE # C-1621 PROJECT 675-222 NUMBER SCALE : AS SHOWN DATE : AUGUST 05. 2016 ASSET STORAGE LELAND BLACKWELL ROAD BUILDING LAYOUT PLANS PnQECf MNBEn ;Cw MNINEIt 875-222 C-2 REV. ISSUED FOR REGULATORY REVIEW 8IVIN 05 76 REV. ISSUED FOR CLIENT REVIEW � 26 16 REV. DESCRIPTION DBY ATE 11 REVISIONS uuC�r CAPE FEAR ENGINEERING 151 Poole Rd .Suite 100, BeM1ille NC, 28451 TEL (910) 3831014. F.kX (910) 3331045 www cap=_tearengineanng mai N C I ICENSE # C-1621 PROJECT 675-222 NUMBER SCALE : AS SHOWN DATE : AUGUST 05. 2016 ASSET STORAGE LELAND BLACKWELL ROAD BUILDING LAYOUT PLANS PnQECf MNBEn ;Cw MNINEIt 875-222 C-2 LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY April 18, 2018 TO: Robert High Development, LLC FROM: Lower Cape Fear Umbrella Mitigation Bank Attn - Robert High c/o Land Management Group, Inc. 223 Greenville Avenue 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Wilmington, NC 28403 Project: Asset Storage, Belville (NC) Dear Mr. High: Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed non -riparian wetland impacts associated with the Asset Storage Project (Belville, NC). This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type Credits Reserved I Fee Per Unit Stream WI Non -Riparian Wetland 1 0.6 Riparian Wetland wl $394.00 Fee $0.00 $51,782.00 3 $31,069.20 $71,772.00 $0.00 Total Feel $31,069.20 Based upon receipt of your credit request transmitted on April 18, 2018, LCFUMB will reserve 0.6 non - riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90 -day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $31,069.20. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@lmRroup.net. Sincerely, Land Management Group, Inc. (agent for LCFUMB) Christian Preziosi Section Manager U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id: SAW -2008-02987 County: Brunswick U.S.G.S. Quad: Winnabow GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Asset Storage, LLC c/o Anne Sorhagen 9820 Blackwell Road SE Leland, North Carolina 28451 Agent: Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Size (acres) 6.4 -acres Nearest TownWilmington Nearest Waterway UNT to Jackeys Creek River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.223372 N Longitude: -78.007879 W Location description: The project site is located at 9820 Blackwell Road SE (Parcel No. 0380003002), in Leland, Brunswick County, North Carolina. The project site contains a self -storage facility, parking areas, and surface storage with areas of undeveloped, forested land. The project site borders Blackwell Road SE to the southeast, Andrew Jackson Highway to the northwest, and undeveloped, forested land to the northeast and southwest. Description of project area and activity: The project is the placement of fill material to construct an expansion of the existing commercial development with associated internal_ roadways, parking areas., utilities, and stormwater management facilities. Permanent project impacts will occur to 0.31 -acres of iurisdictional wetlands to construct the proposed development. The project site was subiect to a previous Nationwide Permit No. 39 issued on March 26, 2009, which had expired (March 26, 2011) prior to starting the verified work. The proiect area was also subject to an approved iurisdictional determination (Corps Proiect No. SAW -2006-32731-010) issued on August 21, 2007. which has since expired (August 21, 2012). A preliminary iurisdictional determination will be issued with this permit verification. 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 39 — Commercial & Institutional Developments SEE ATTACHED NWP GENERAL and REGIONAL SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached condition(s) and your submitted application, specifically, the enclosed two plan sheets titled, "Site Plan for Asset Storage Addition, Belville, North Carolina", dated February 10, 2012, unrevised. 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 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 John N. Policarpo at (910) 251-4487. Corps Regulatory Official 0& Date: September 2, 2016 Expiration Date of Verificatio March 18, 2017 Cc: Chad Coburn, NCDEQ (email) Determination of Jurisdiction: A. ® 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). 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 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. C. ❑ 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. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued on Action ID: SAW -2006-32731-010 Basis for Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. This determination is based on a site visit conducted by John Policarpo of the Corps on July 6, 2016. The enclosed fi ug re titled, "Figure 5. Upland/Wetland Sketch, Asset Storage, Brunswick County NC", dated July 2016, accurately depicts the approximate extent of on-site jurisdictional wetlands. The proiect area was subiect to an approved jurisdictional determination (Corps Proiect No. SAW -2006-32731-010) issued on August 21 2007 which has since expired (August 21, 2012). A preliminary iurisdictional determination is being issued as noted above with this Nationwide Permit verification. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 Division 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 N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact me at 910-251-4487 or john.n.policarponusace.army.mil. Corps Regulatory Official: _ F' Date: September 2, 2016 Expiration Date: N/A 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 online at http://i)er2.nyT.usace.army.mil/surva.html. SAW -2008-02987 SPECIAL CONDITIONS Asset Storage Addition; Brunswick County 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. No authorized work may begin in jurisdictional waters of the U.S., including wetlands, prior to submitting the attached Compensatory Mitigation Responsibility Transfer Form completed in full to the District (ATTN: John Policarpo). 3. This permit does not authorize any additional fill material in waters of the U.S., including jurisdictional wetlands, than what is stated in the permit. This permit authorizes permanent impacts to 0.31 -acres of jurisdictional wetlands for the construction of an addition to a commercial development. 4. All waters of the U.S., including jurisdictional wetlands, subject to temporary impact must be restored to pre -construction conditions, including grade and vegetation, immediately after construction activities are complete in accordance with the submitted restoration plan. 5. All fill material used within waters of the U.S., including jurisdictional wetlands, must be clean and free of toxins and must come from an upland source. Dredging for fill material within waters of the U.S., including jurisdictional wetlands, is not permitted by this authorization. 6. All wetland areas adjacent to construction areas, other than those authorized for impact by this verification, must be protected with blaze orange fencing during construction activities. The fencing may be removed after construction within waters of the U.S. is complete. /' — \L P/ 1), � Jo N. Policarpo Action ID Number: SAW -2008-02987 County: Brunswick Permittee: Asset Storage, LLC Project Name: Asset Storage by Dan Cameron on Blackwell Road in Leland Date Verification Issued: September 2, 2016 Project Manager: John N. Policarpo 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: John N. Policarpo 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 with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Asset Storage, LLC Action ID: SAW -2008-02987 Project Name: Asset Storage by Dan Cameron on Blackwell Road in Leland County: Brunswick 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: 03030005, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine FRiparian Non-Riverine I Non -Riparian I Coastal 0.60 0.31 -acres *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Comoensatory Miti¢ation Reouirements: 8 -digit HUC and Basin: 03030005, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine I Non -Riparian I Coastal 0.60 Mitigation Site Debited: Lower Cape Fear Umbrella Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: 1, 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 N Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Page 1 of 2 Form Updated 23 November, 2015 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 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: See permit conditions. 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) 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, NC 27587 (emoil: 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: John Policarpo USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 29403 Email: John. N.Policarpo@USACE.ARMY.MIL USACE Project ManageANgnature September 2, 2016 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:/Iribits.usace.army.mil. Page 2 of 2 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 http://regulatory.usacesurvey.com/ to complete the survey online. sM{m M1✓ ibnY PW M �0' � "" "� i �' errsrrnT FOR ASSET STORAGE ADDITION BOWMAN DESIGN 8L ENGINEERING SERVICES, PA BELVILLE, NORTH CAROLINA dNS3ING"o-4' X C E,\vAA0, PAS 4 PHOn to -3M Mtoun q e PROPOSED C3I ACRES yi \� �t'A \,�� WET.AN7 fiLE BOUNDARY LINE \ j NOTES' BJ' K.1EAD SHOWN IS CONCEP JAL ONLY. FINA DESIGN, INCLUDING MA: ERIAL SPECIFICATIONS, WEEP HOES. C, SHALL BE PROVIDED BY OTHERS s.s top 1r ML �. { MAxat. REINFORCEO SOI RETAINED EARTH . GR.^v_G'Est mow, -.3• sRG?05E05'00.0 \ �� pRFaN \4EILWO FELL AREA 0 BUi.XHEAD CROSS SECTION .Ps / \ 1 EV'KFCF`O SFORM "�� Ay `• E%t5'tnYi @'JILGlNG _ / I �SSUED OR REf la'CR, NEW�F 1-7 / CES..MP`I0.v fast AxP / CAPE FEAR OVERHANXNG, / ENGINEERING RE y� PROPOSED PAVEMENT ,y •. 4// wo" CONSTSTFENRARY RUOTION EWR,ANLE FA l ASSET STORAGE LELAND '/S / �� I ✓� / BLACKWELL ROAD \ ' BUILDING LAYOUT PLANS `� r -! 675 222 C-2 wclNm oaa - i i x ...w y PVNM1 >, wxn i u.cNas,. .Rr�wvrra.wu SLAP �. '•� �. -� D"IaGE FILL FENCE �. BLOCK UNIT \'\ -EAISTiNG GRADE AT f 26 TB .._. .�.� "`_'. •.. 1 SEWER EASEMETN� \�:EVELING PAD 0 BUi.XHEAD CROSS SECTION .Ps / \ 1 EV'KFCF`O SFORM "�� Ay `• E%t5'tnYi @'JILGlNG _ / I �SSUED OR REf la'CR, NEW�F 1-7 / CES..MP`I0.v fast AxP / CAPE FEAR OVERHANXNG, / ENGINEERING RE y� PROPOSED PAVEMENT ,y •. 4// wo" CONSTSTFENRARY RUOTION EWR,ANLE FA l ASSET STORAGE LELAND '/S / �� I ✓� / BLACKWELL ROAD \ ' BUILDING LAYOUT PLANS `� r -! 675 222 C-2 wclNm oaa - i i x ...w y PVNM1 >, wxn i u.cNas,. .Rr�wvrra.wu /I EPotential jurisdictional wetlands Map Source: 2010 GIS World Imagery SCALE 1" = 200' Asset Storage LMG LAND RTANA14JOF.N'I :;ROT Brunswick County, NC _ =-111,,1,,.,.111,,,,,,1., Figure 5 www.lmmumnet UplandMetland Sketch July 2016 3805 Wrightsville Avenue LMG # 40-15-107 Wilmington, INC 28403 Phone: 910.452.0001 Fax: 910.452.0060 t �,ttcr h'rsau��, is August 25, 2016 Asset Storage, LLC Ms. Anne Sorhagen 9820 Blackwell Road SE Leland, NC 28451 Subject Property: Asset Storage - Belville PAT MCCRORY DONA1_1) R. VAN DER VAART S. JAY ZIMMERMAN Brunswick County DWR Project # 08-1562v2 Approval of 401. Water Quality Certification with Additional Conditions Dear Ms. Sorhagen, You have our approval, in accordance with the attached conditions and those listed below to impact 0.31 acres of 404 wetlands in order to construct a commercial development as described in your pre -construction notification (PCN) application received by the Division of Water Resources (Division) on July 11, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http:!/portal.ncdenr.orlweblwq/swp/ws/401 /certsandpermits. This approval is for the purpose and design that you described in. your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 214.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as pari of the Certification. If you change your project, you must notify the Division and you may be required to submit a new State of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 ,asset Storage 2008-1562v2 Brunswick County Page 2 of 4 application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {ISA NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted. for and shown on the construction plans. [ 15A NCAC 02H .0502 (b) and 15A NCAC 0211 .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. "Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric 'I'urbidity Units) shall not be exceeded as described in 15A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H.0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] *;asset Storage 2008-1562v2 Brunswick County Page 3 of 4 All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [I 5A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or NC Department of Environmental Quality (DEQ) staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of prgject completion. The certification of completion is available at: l qp://portal.ticdenr.oM/web/wcl/swia/ws/401/certsandpeniiits/api)iv/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (OAH). A petition form may be obtained from the OAII at h�-.Hwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAf1. A petition is considered filed when the original and one (1) copy along with any applicable OAH fling fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition maybe faxed to the OAH at (919) 431-3100, provided the Asset Storage 2008-1562v2 Brunswick County Page 4 of 4 original and one copy of the petition along with any applicable OAl-I filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette(a-..nedenr.gov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Cobum a�ncdenr.gov. Sincerely, AY -n_ regson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3890 cc: Kim Williams - Land Management Group, Inc, Suite 15, Wilmington, NC 28403 John Policarpo - USACE Wilmington Regulatory Field Office Jennifer Burdette - Wetlands and Buffer Unit WiRO DWR Project No: Applicant: Project Name: PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: if this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000