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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 P'�00opQG G'� g, / o NA y T `ro\� \ SITE ��� �,�� �• - `' I� z i W T GqLu T--� R c_n %• 'O i/ 29• C � Pp r U VICINITY MAP SCALE 1" = 1000' � \\\ S0.511Y '4. M1.9� SITE DATA �g ovv 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' m, o�da y A r r W GO 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 z DIMENSION REQUIREMENTS / / �'A Ppg.M1 �v , 5°°dy5° \ 'M1�r < yd��° 6 ^dy �n R.P.W. D2 M1 1s L Of C-2 REQUIRED MF REQUIRED / / �0' w 5 �, �' w - of M1g. M1e FRONT SETBACK 25' 30 / S a5ao n� o o i z w SIDE SETBACK 7.5' 7.5' / / / / �U REAR SETBACK 15' 20' / /� g �xo rrr I O / ��� MAX. HEIGHT 40' 40 � `O `J SCREENED BUFFERS: LEVEL II - 14' /BUSINESS TO MF SUBDIVISIO ryab (�� / / " ti 48"RC ❑ I / �� �aJ\N� 0 U 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 �\ O J•`a'M1 'L° M1b I BUILDING INFORMATIONyoy R.P.W. D3 (� P�\�YM1° SJP� - 00 O BUILDING USE: MULTI -TENANT COMMERCIALS (RETAIL, RESTAURANT, HOTEL, OFFICES) a nti I I I I I ] p N z ANCHOR RETAIL SPACES: 127,000 SF P�ryry 5R y$-ry° °� °tip \ 4 q I I I I r Q o v PIN: 219607596763 e ,dy° a`�\SPY yoy �o' \ 05 STAND-ALONE RESTAURANT/RETAIL: 17,400 SF MURPHY OIL USA INC �\��d � ° ��ti '��ool MULTI -TENANT RETAIL: 12,400 SF DPB271532 PG 5148 000 \ \ ti 1VIGHT RBox Dl? °' o HOTEL: 10,030 SF ZONED: �6a °� �O\ R.P.W. F2 8'RCP - - - m / N l STAND-ALONE RETAIL: 30,000 SF P� 9 � nti �o°�'� �'(> >R.P.W. F1 � � 0�`' IP.�� Z TOTAL FOOTPRINT: 196,830 SF �O� WETLAND - \ �� 9 - - - _ _ _ Z iXo (i, O W �. OO \/ � FUTURE BUILDINGS: APARTMENT / MULTI -FAMILY d0 n� �.� POCKET A ,�\`dy (13) 24-UNIT BUILDINGS = 312 UNITS i�o� ll" ° Z oyo 46 �S$t g!g Q V `RY cY,'♦g00 P \ Q ,00� ` .d'4�\ R.P.W. C2 p \ >< OOY \ PPYgb �oyL d��\ �o, / ������;�\� FFF ^^ ^^ FFF ^^^ zD M Ix PPJJ q 9 8p69 0019 .; F .;;;..FF F Q O°j ^ ^ ^ ^ 1 �� j � GRAPHIC SCALE 0 100 200 4 0 I-� SCALE: 1 "=100' H � O1�) V 18 P`J�S, M1' PIN: TGATE OWNS r le, ° aY LELAND WESTGATE OWNER, LLC. r"'1 O �3 \ LAND USEDB : APARTMENTS I� PIPE STUB R.P.W. A2 I d\ G ®e\ ` W FOR FUTURE CONNECTION ti:� � R.P.W. E �'g R.P.W. C3 as `o �,p v I ,\ rn (o p (n (n U ry �5 IMPACTS P 1� C ��'o �° a �\ 5 U PIN: 219607583996 \ \ �:\ \ a O O U) O WALMART REAL ESTATE ° STORMWATER POND #2 \�.;, \ �d Q LL BUSINESS TRUST a \ a } } O DB 2186, PG 14 �'`�\ O (n Q Q z PB 32 PG 514 :\ Z O (� PIN: LE-C-2 \ \ \ I Q O 'o LIJ �Z�W Z w� o R.P.W. B2 ,.\� O Z W , U W � 2 FLOOD NOTE: �,SE g ® �`' \ \ % �' ® p .• � � vaLL� � o�nooU 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 b0 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 \ �`^ b LE-MF \ Fig. LAND USE: VACANT (16+/- AC),,a G0 P J\5Y1, 1b Q I/ 0 0 M1 � aJ� P� rPEI JOB#: 18436.PE G� o °PpQ PH II IMPACTS TABLE � P,�,•j�9g6b �J RPW PERM. WETLAND SITE I.D. FILL (SF) PERM. FILL (SF b` 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