HomeMy WebLinkAbout20200060 Ver 1_Saw-2006-00669 NWP 39_20200305U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-00669 County: Brunswick County U.S.G.S. Quad: Winnabow
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
E-mail Address:
Size (acres)
Nearest Waterway
USGS HUC
Palmer Williams
Leland Town Center LLC
2709 Thorngrove Court Suite
Fayetteville NC, 28303
(910)864-1125
pwilliams (& c-sprop.com
67.3 acres
Jackeys Creek
03030005
Nearest Town Leland, NC
River Basin Cape Fear
Coordinates Latitude: 34.20950
Longitude:-78.01370
Location description: This 67.3 acre project is located at 1241 West Gate Drive in the City of Leland, Brunswick County, NC
Parcel ID: (047EA001, 0470005202, 0470005201, 04700063). The final protect will include 13 multi- family buildings and 15
multi -tenant commercial buildings.
Description of projects area and activity: This project will use a NWP 39 to fill 0.36 acres of Jurisdictional Open Water Ditches
and 0.070 acres of wetlands.
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: 39 Commercial Development
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 March 5, 2020. 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 Wilmington, NC.
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.
SAW-2006-00669
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gary Beecher at (910) 251-44694 or Gary.h.Beecher(i�usace. army. mil.
Corps Regulatory Official: Date: March 5, 2020
Expiration Date of Verification: NWP f9 ill expire on March 18 2022
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ 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 (RHA) (33 USC § 403) and 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.
3. ❑ There are waters, including wetlands, within the above described project area that are 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.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ® The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-2006-00669.
B. Basis For Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement.
C. Remarks:
D. 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
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: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
SAW-2006-00669
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 May 3, 2020.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Gary Beecher
Date of JD:
Expiration Date of JD:
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://corpsmgpu.usace.army.mil/em_apex/Vp=136 A:0.
Copy furnished via e-mail:
Dana Lutheran
SEGI
5315 South College Road, Suite E
Wilmington, NC 28412
(910)228-1841
dlutheran(&segi.us
SAW-2006-00669
SPECIAL CONDITIONS
401 Water Quality Certification: If a 401 Water Quality Certification from the North Carolina Division of
Water Resources is required, then the permittee shall provide the Corps with a copy of the required
certification or waiver of certification from the state prior to proceeding with the work in waters of the
U.S. The permittee shall comply with all conditions of the state certification.
2. Erosion Control: The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This
shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices
around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached
permit plans dated March 5, 2020, which are a part of this permit. The Permittee shall ensure that the
construction design plans for this project do not deviate from the permit plans attached to this
authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps
of Engineers (Corps) prior to any active construction in waters or wetlands.
Action ID Number: SAW-2006-00669 County: Brunswick County
Permittee:
Project Name:
Date Verification Issued:
Project Manager:
Palmer Williams
Leland Town Center LLC
Leland Town Center Phase II
March 5, 2020
Gary Beecher
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: Gary Beecher
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
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PROJECT NAME: LELAND TOWN CENTER PHASE II
SITE ADDRESS: GATEWAY BLVD, LELAND, NC ° \ yoyo p 11 �
PARCEL IDS: 047EA001, 0470005202, 0470005201, 0470006 a5° �� ^d p *" ° dy°y 9 r r P'
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PROPERTY OWNER: LELAND TOWN CENTER, LLC 0. O
OVERALL SITE AREA: 67.3 ACRES 0 �2 �/ / ' o �5Vi a\, r I I W V
SUBDIVISION TO OCCUR IN FUTURE
CURRENT ZONING: LE-C-2 (COMMERCIAL)
CURRENT USE: RETAIL/ RESTAURANT O w
FUTURE ZONING: MULTI -FAMILY (MF) ® Oj, /� da o� r r O Cj
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DIMENSION REQUIREMENTS / / �'A Ppg.M1 �v , 5°°dy5° \ 'M1�r <
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C-2 REQUIRED MF REQUIRED / / �0' w 5 �, �' w - of
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FRONT SETBACK 25' 30 / S a5ao n� o o i z w
SIDE SETBACK 7.5' 7.5' / / / / �U
REAR SETBACK 15' 20' / /�
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MAX. HEIGHT 40' 40 � `O `J
SCREENED BUFFERS: LEVEL II - 14' /BUSINESS TO MF SUBDIVISIO ryab (�� / / " ti 48"RC ❑ I
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MF DWELLING UNITS/AC 16 DU/AC REQ'D / \ / eti ��a c w
312 DU / 20.6 AC (MF) = 15.1 DU/ AC �q9 Pp / ®® �� / nti \ `��� a o� �J- - Z o
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BUILDING INFORMATIONyoy R.P.W. D3 (� P�\�YM1° SJP� - 00
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BUILDING USE: MULTI -TENANT COMMERCIALS
(RETAIL, RESTAURANT, HOTEL, OFFICES)
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ANCHOR RETAIL SPACES: 127,000 SF P�ryry 5R y$-ry° °� °tip \ 4 q I I I I r Q o v
PIN: 219607596763 e ,dy° a`�\SPY yoy �o' \ 05
STAND-ALONE RESTAURANT/RETAIL: 17,400 SF MURPHY OIL USA INC �\��d � ° ��ti '��ool
MULTI -TENANT RETAIL: 12,400 SF DPB271532 PG 5148 000 \ \ ti 1VIGHT RBox Dl? °' o
HOTEL: 10,030 SF ZONED:
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STAND-ALONE RETAIL: 30,000 SF P� 9 � nti �o°�'� �'(> >R.P.W. F1 � � 0�`' IP.�� Z
TOTAL FOOTPRINT: 196,830 SF �O� WETLAND - \ �� 9 - - - _ _ _ Z
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FUTURE BUILDINGS: APARTMENT / MULTI -FAMILY d0 n� �.� POCKET A ,�\`dy
(13) 24-UNIT BUILDINGS = 312 UNITS i�o�
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PIN: 219607583996 \ \ �:\ \ a O O U) O
WALMART REAL ESTATE ° STORMWATER POND #2 \�.;, \ �d Q LL
BUSINESS TRUST a \ a } } O
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PB 32 PG 514 :\ Z O (�
PIN: LE-C-2 \ \ \ I Q O 'o
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FLOOD NOTE: �,SE g ® �`' \ \ % �' ® p
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THIS TRACT DOES NOT LIE WITHIN SPECIAL FLOOD HAZARD Jf1 Ea'RCP \ ",5 g" CP
WEST GATE DW
ZONES, ACCORDING TO FEMA FIRM COMMUNITY-PANEL\� d �o xrGxT°F WAY \ `.�, ` /\5® \ SEAL
NUMBER 3720219600K, BEARING A REVISED DATE OF
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AUGUST 28, 2018.
WETLAND NOTE: \co
THIS TRACT DOES CONTAIN WETLANDS ACCORDING TO USA E SAW-
1b16
2006-00669 DATED JULY 27, 2017 AS PRELIMINARY DETERMIN TION, HOWEVER,
\aJ'160. /� p `�aJ��'bb \ \\ �sv ee ,6 ro
FOR THIS SITE THERE ARE NO JURISDICTIONAL WATERS OF E US. �JN
PIN: 219607685045 RCPrcEdkiL
WGTRACTIOB LLC & WG MM TRACTIOB, LLC �v 'rW�� Q-19
63M1 �J" DB 3599, PG 1174 \
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LAND USE: VACANT (16+/- AC),,a G0
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PH II IMPACTS TABLE
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RPW PERM.
WETLAND
SITE I.D.
FILL (SF)
PERM. FILL (SF
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PIN: 219607596484
WRS CENTERS I LCC
DB 3490, PG 334
�
A2 (4.5 BW)
1638.0
lD' 9 ry
PB 32 PG 514
ZONED: LE
B2 (3.5' BW)
2607.5
bdL
C2 (3.0' BW)
1296
C3 (3.0' BW)
1272
D2 (3.0' BW)
1254.0
D3 (3.0' BW)
441
E (4.0' BW)
3568.0
F1 (3.0' BW)
1272
tA'�el
6 gry\
ee�J'.: ae ee
F2 (4.0' BW)
1056
a
G
0
H (2.5' BW)
1342.5
44.40 ACRE
WETLAND A
3188
PROJECT AREA
FOR WETLAND
PH II TOTAL
18935.0
NA