20191695 Ver 1_COE Approval Letter 051608_20191210

U.S. ARMY CORPS OF ENGNEERS
WILMINGTON DISTRICT
Action ID. SAW-2005-182 County: New Hanover USES Quad: WilYnington , {
GENERAL PERMIT (REGIONAL AND NATIONWIDE) `VERIFICATION_
Property Owner /Authorized Agent: If Street WPG, LLC 3 ,
Address: c/o George V. Huffmon, III
PO Bog 15599 { f
Wilmington, NC 28408
Telephone No.: [phone] .
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Size and location of property (water body, road name/number, town, etc.). The 7.7 acre tract is located'along-tlie east
side of 17u' Street, between Greenfield and Primrose Streets Wiimingto' NTeWy Hanover Couniy, North Carolina
Parcel ID# R05419-003-001-000, Location: 3411810N 77 9244°W The proposal hk Mdes fhe placemenf of fill
material into Section 404 waters to facilitate access into the proposed .ianedical facility.
Description of projects axea and activity: The a proposal includes the placenet of fill `material into Section 404 waters
to facilitate aceesslegress to the parcel via a signalized driveway. The 'singfe proposed impact is for the inst- I tiod
of a culvert for road construction permanently impacting 23 linear feet of stream as depicted on the attached:'
1p ans• x
Applicable Law: pp ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403) z z
Authorization: Regional General Permit Number:
Nationwide Pen -nit Number: 39
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Your work is authorized by the above referenced permit provided it is accomplislied instrict` accordanc8 ;with the attached
conditions and your submitted plans. Any violation of the attached conditions.or deviaon ftom: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 th6 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 belo*� provided it complies.:witl all zequigements of
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the modified nationwide permit. If the nationwide permit authorization expires or is SIMp de ,revoked, or Ts modified suCli that the
activity would no longer comply with the terms and conditions of the nahoncvid`e pentactivities whichve commenced (i are
under construction) or are under contract to commence in reliance upon the nation de permit, will `reinaux authorized provided the
activity is completed within twelve months of the date of the nationwide pexirut's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify= suspend qr 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 [phone]) to determine Secion 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 anageinent in Wilrnuigton, NC, at (9.10) 395-3900
This Department of the Army verification does not relieve the p ` ' ee of the responsibility to obtain any?other required Federal,
State or local approvals/permits, k'
If there are any questions regar ' this ve fi ion ny off c ditions of the Permit, or the -Coils of Engineers regulatory
program, please contact K.imb ey 9 5 - 482 erly.l garvey@usace army .
Corps Regulatory Offici
� � rY te.� May 12, 2008
Expiration Date of Verification: May 12, 2011
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The Wilmington District is committe to providing the highest level of support to the p'z{bl To help,lis ensure w continue o do so,
please complete the attached customer Satisfaction Survey or visit htip!/www:saw.usaee.arinvmiUWETLAl\TDSlindex html to _:
complete the survey online.
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Determination of Jurisdzction:' .
❑ 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 A'dminis'trative Appeal Process
( Reference 33 CFR Part 331). a
❑ 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 i ' the law or: our'
published regulations, this determination may be relied upon for a period not to exceed five years from'the -date of flits
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.
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® The jurisdictional areas within the above described project area have been identified under a previquq Action. P' lease,referenoe
jurisdictional determination issued 1/31/05. Action ID SAW-2005482. f '
Basis of Jurisdictional Determination: The eswxbs aan ordma"ry hi It water mark, ciian es iri soil
the Cape Fear River. This determi ' ion ' ased for ati'nAlubi teed by Land Maiia ement Groub,
Inc.'and asite visit
by Jennifer Frye on 11/16J004
Corps Regulatory Official.
Date May 12, 2008
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:
Chad Coburn, DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive $xt:, Wilmington NC
28405:.x=
Ashley Futral, LMG, Inc., PO Box 2522, Wilmington, NC 28402
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ACTION ID 9 SAW-2005-182
SPECIAL CONDITIONS:
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In order to 4- �
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itagrees to accept
ee n , the North Cax
_m3,Corps of Eng
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District, dated November 4, 1998
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111E 1"IF C. V. ear, et. of warm
payment to the North Carolina Ecosystem Enhancc�ne
by the NC EEP, sufficient to perform the restorAti6j.d of'46.-I
Fear River Basin, Cataloging Unit 03030005.
Construction within jurisdictional areas. on the prop . erty slial!
full payment to the NC EEP and provided a copy of the.payi
NC EEP has provided written confirmation to the. Corps tL-f
mitigation work required, in compliance with the MOU bets
Environment and Naturdl Resources and the United States A
Corps Regulatory
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Action ID Number: SAW-2005-182 bounty
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Permittee: 17' Street WPG, LLC (c/o George V. Huffmon, III):
Date Permit Issued: May 12, 2008
Project Manager: Kimberly Garvey
Upon completion of the activity authorized by this permit and any xriitlgation regnired by the permit.
sign this certification and return it to the following address:
_
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US ARMY CORPS OF ENGINEERS,'
WILMINGTON DISTRICT,
WILMINGTON REGULATORY FIELD;OFFICE
POST OFFICE' BOX 1890
WILMINGTON, NORTH CAROLINA 28402 1890
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Please note that your permitted activity is subject to a complian-ceinsSpecttQn by`a
TJ S Army Corps of
Engineers representative. If you fail to comply with this permit youar suiijeet 0:permi `suspension;
modification, or revocation.£
I hereby certify that the work authorized by the above referenced permmt has be9n con pleted m :
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
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Signature of Permittee Date
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OGRAM
April 15, 2008
Teresa Huffmon
17t' Street WPG, LLC
P.O. Box 15599
Wilmington, NC 28408 Expiration of Acceptance: October 15, 2008
Project: Collaborative Medical Building County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/LAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and,
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Cape Fear
03030005
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non -Riparian
Coastal Marsh
Impacts
0
0
23
0
0
0
0
0
Credits
0
0
46
0
0
0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
William . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE-Wilmington
Chad Coburn, NCDWQ-Wilmington
Ashley Futral, agent
File
esta�u2 ... Ec... Pro" our rta t &
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761 www.nceep.net