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HomeMy WebLinkAbout20191603 Ver 1_SAW-2019-02086 NWP 29_20201029U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02086 County: New Hanover U.S.G.S. Quad: NC -Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Size (acres) Nearest Waterway USGS HUC Raleigh Wilmington Investors, LLC Agent: Land Management Group Jessica Head 3805 Wrightsville Ave 6131 Falls of Neuse Road Suite 15 Suite 200 Wrightsville, NC 28403 Raleigh, NC 27609 64.2 Nearest Town Wilmington Masonboro Inlet River Basin Onslow Bay 03020302 Coordinates Latitude:34.178858 Longitude:-77.855172 Location description: Property is located between Masonboro Loop Road and Masonboro Sound Road north of the Windward Oaks Subdivision approximately 0.10 miles southwest of the intersection Orchard Trace and Masonboro Sound Road in Wilmington, New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of fill material into 0.445 acre of wetlands, 165 linear feet of stream impact and 0.01 acre open water impacts for the construction of a residential subdivision and associated infrastructure. An additional 0.137 acre of wetlands and 60 linear feet of streams will be temporarily impacted during construction. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED 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 enclosed Conditions, your application signed and dated 11/20/2019, and the enclosed plans Overall Impact Map dated 11/18/2019. 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 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 Wilmington, NC, at (910) 796-7215. 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 Rachel Cayito at (910)-251-4487or Rachel.A.Capito(a( )usace.army.mil. CAPITO.RACHEL.ANN.1536 DigitauyMg-d by CAPITOAACHEL.ANN.1536276790 Corps Regulatory Official: 27fi790 Date: 2020.08.1811:20:46-04'00' Date: 8/18/2020 Expiration Date of Verification: 03/18/2022 SPECIAL CONDITIONS SAW-2019-02086 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. In order to comply with Section 106 of the National Historic Preservation Act regarding the Historic Doll House property and the Masonboro Sound Historic District located on a portion of this property, the applicant has agreed to special conditions and covenants provided by the State Historic Preservation Office and the Wilmington Historic Foundation (drafts attached). These special conditions and covenants must be recorded in the New Hanover County Register of deeds within 15 days of issuance of this permit and adhered to in perpetuity. 3. In order for this permit to be valid, you must obtain 401 Water Quality Certification from the North Carolina Division of Water Resources. 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. 4. Temporary discharge of excavated or fill material into wetlands and waters of the United States will be for the absolute minimum period of time necessary to accomplish the work. All authorized temporary wetland impacts will be returned to pre -disturbance grade and contour, and re -vegetated. 5. 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). ' z'�"Z525o8250 W � o 8 a gYz a a a a -IF 6 3 W a G a a m U 0 w LL O� 3 a f o m_ Ali ¢ H� 4 wz w �z Q So rc� 03 i rc3 i 3 u3r O Sao° a u3 zo z a:U r �O �zS s� w 1/ F M Q q I O Ewa vvnraa,o) H WON Cd Y Q O O S o rcQ z ¢ 3 K H UQU rQW� 4-4 O off¢ w a�0o z m zrO 5 ° 4� rs, w �II 'c II II-ll o Z N zp �_ _ zPo ------ ---- — - J 3 3 - �IIIIT Wu =lez. 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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: 03030001, White Oak River Basin Stream Impacts (linear feet) I Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.2 0.2 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030001, White Oak River Basin Stream Mitigation (credits) I Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian I Coastal 0.4 0.4 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: I, 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 Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature 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: A letter from Mitigation Sponsor, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated Acceptance Letter Date was included with the preconstruction nntifirntinn 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, NC27587 (email: 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 USACE Field Office: Email: Rachel Capito Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Rachel.A.Capito@usace.army.mil CAPITO.RACHEL. Digitally signed by CAPITO. RAC H EL.AN N.1536276790 ANN.1536276790 Date: 2020.08.18 11:25:29 -04'00' 8/18/2020 USACE Project Manager Signature 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://ribits.usace.army.miI Action ID Number: SAW-2019-02086 County: New Hanover Permittee: Raleigh Wilmington Investors, LLC, Jessica Head Project Name: East & Mason Date Verification Issued: 8/18/2020 Project Manager: Rachel Capito 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: Rachel Capito Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or Rachel.A.0 apito@usace.army.mil 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 Prepared by and return to: Weatherspoon & Voltz LLP 3700 Glenwood Avenue, Suite 250 Raleigh, NC 27612 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER HISTORIC PRESERVATION AGREEMENT, DECLARATION OF RESTRICTIONS, COVENANTS AND GRANT OF EASEMENT THIS AGREEMENT, DECLARATION OF RESTRICTIONS, COVENANTS AND GRANT OF EASEMENT, made this the day of , 2020 by and between ELIZABETH HARRISS MACDONALD and spouse, , THOMAS M. HARRISS and spouse, , ROBERT C. HARRISS, JR. and spouse , and MARY HARRISS and spouse, , hereinafter referred to collectively as the "Grantor", whether one or more, corporate or individual, and "Grantor" including for all purposes herein the Grantor and the Grantor's heirs, successors, and assigns, including but not limited to all grantees, personal representatives, donees, and devisees of the Grantor), and HISTORIC WILMINGTON FOUNDATION, INC., a non-profit corporation organized and existing under the laws ofthe State of North Carolina with its principal office in Wilmington, North Carolina, and its successors and assigns (hereinafter referred to as the "Foundation"); WITNESSETH: WHEREAS, the Grantor owns certain real property (hereinafter referred to as the "Subject Property") a description of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Subject Property currently has certain permanent improvements consisting of housesibuildings (hereinafter referred to, whether one or more, as "the Historic Structures"); and WHEREAS, the Historic Structures are buildings of recognized historical and architectural significance; and WHEREAS, the Foundation and Grantor both desire that the Historic Structures be preserved and protected for the benefit of present and future generations, retaining their historically and architecturally significant features; and WHEREAS, the Grantor desires to donate a preservation easement and restrictions on the Historic Structures and Subject Property to a charitable organization qualified to receive easement donations pursuant to Section 170 of the Internal Revenue Code of 1954; and WHEREAS, the Foundation is a charitable organization which accepts preservation easements and restrictions on buildings and property having historical or architectural importance; to ensure that such buildings and property are preserved and maintained for the benefit of future generations; and WHEREAS, the North Carolina General Assembly has enacted the Conservation and Historic Preservation Agreements Act (North Carolina General Statutes § 121-34 et. seq.) validating preservation agreements, in the form of restrictions, easements, covenants, conditions, and otherwise, appropriate to preservation of a structure or site historically significant for its architecture, archaeology or historical associations. NOW, THEREFORE, for and in consideration of the Grantor's interest in historic preservation and its support for the Foundation and its purposes, and for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt and sufficiency of which are hereby confessed by the Grantor, the Grantor, for itself, its heirs, successors and assigns, hereby covenants and agrees to abide by the following restrictions (hereinafter referred to as "covenants"), and hereby subjects the Subject Property described in Exhibit A to the restrictions, and covenants expressed herein, said covenants to be restrictions of record to attach to the Subject Property described in Exhibit A, and hereby gives, grants, bargains, sells, and conveys unto the Foundation an indefeasible easement in and to the Subject Property described in Exhibit A, for the preservation and conservation of the Historic Structures described above in accordance with said covenants. 1. These covenants and this easement shall be administered solely by Historic Wilmington Foundation, Inc., its successors in interest or assigns; and in all subsequent conveyances of the Subject Property, the Foundation, its successor in interest or assigns shall be the sole party entitled to administer these covenants and this easement. In the event that the Foundation, or its successors in interest cease to exist, then in such event the Foundation shall assign all of its right and interest in these easements, covenants, and conditions and in this easement, subject to such duties and obligations which it assumes hereby, to a responsible nonprofit corporation which exists for substantially the same reasons as the Foundation itself (as described hereinabove); if no such corporation is available for such assignment, then under such circumstances such assignment shall be made to the State of North Carolina, which shall be the sole party entitled to administer these covenants. 2. No alteration and no physical or structural change shall be made to the exterior of the Historic Structures without the prior written approval of the President or Executive Director of the Foundation. In assessing the suitability of any proposed changes, the Foundation shall be guided by the Secretary Of The Interior's Standards For Rehabilitation, a copy of which is attached as Exhibit B and incorporated herein. 3. The Subject Property shall not be subdivided without the prior written approval of the President or Executive Director of the Foundation. 2 4. No addition shall be constructed to the Historic Structures nor additional structure built upon the Subject Property unless the plans and exterior designs for such structure or addition have been approved in advance in writing by the President or Executive Director of the Foundation. In reviewing the plans and designs for any addition or additional structure the Foundation shall consider the following criteria: Exterior building materials; height; fenestration; roof shapes, forms, and materials; surface textures; expression of architectural detailing; scale; relationship of any additions to the main structure; general form and proportion of structure; orientation to street; setback; spacing of buildings, defined as the distance between adjacent buildings; lot coverage; use of local or regional architectural traditions; and effect on archeological resources. Contemporary designs for additions or additional structures shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural materials, and such design is compatible with the size, color, material and character of the property and its environment. 5. Neither the Historic Structures nor any part thereof may be removed or demolished without the prior written approval of the President or Executive Director of the Foundation. 6. Representatives of the Foundation shall have the right to enter the premises at reasonable times, after giving reasonable notice, for the purpose of inspecting the building and grounds to determine if there is compliance by the Grantor with the terms of these covenants. 7. The Grantor covenants to carry out the duties specified herein, and these restrictions and covenants and this easement shall run with the land, and be binding upon Grantor's heirs, successors and assigns who in the future may own the Subject Property. The Grantor, its heirs, successors and assigns, covenant and agree, that in the event the Subject Property is sold and otherwise disposed of, these restrictions and covenants and this easement will be incorporated into the deed or other instrument conveying or disposing of the Subject Property, but shall remain effective notwithstanding any failure to do so. Grantor and Grantor's heirs, successors and assigns agree that these restrictions, covenants and this easement shall be made a condition of any contract of sale of the Subject Property to which they may be a party. 8. In the event of a violation of these easements, covenants, and restrictions, all legal and equitable remedies, including injunctive relief, specific performance, and damages, shall be available to the Foundation, and the Foundation shall recover of the Grantor its reasonable attorneys' fees incurred in the enforcement of same. No failure on the part of the Foundation to enforce any covenant or restriction herein nor the waiver of any right hereunder by the Foundation shall discharge or invalidate such covenant or restriction or any other covenant, condition or restriction hereof, or affect the right of the Foundation to enforce the same in the event of a subsequent breach or default. 9. Unless otherwise provided, the covenants and restrictions and easement set forth herein shall run with the land and shall be binding on the Grantor, and its heirs, successors, assigns and personal representatives, donees and devisees in perpetuity, provided 3 however that same shall terminate and be of no further force or effect only in the event that the Historic Structures are damaged beyond restoration as a result of fire or other catastrophe not intentionally caused by the Grantor. Damage beyond restoration is defined as damage to an extent exceeding seventy-five percent (75%) of the insurable value of the Historic Structures. 10. In the event that any one or more of the conditions, restrictions, limitations or other provision set out herein (or any part thereof), are held to be invalid by a court of proper jurisdiction, such judicial determination shall not invalidate the remaining conditions, restrictions and limitations set out herein. 11. Notwithstanding anything to the contrary set out herein, the conditions, restrictions and limitations hereinabove set forth may be altered, modified, changed, or rescinded, in whole or in part, by written instrument duly executed between Historic Wilmington Foundation, Inc., its successors or assigns, and the then record title owner, or owners, of the lands and premises herein described and conveyed, provided, however, such instrument shall be first duly recorded in the office of the Register of Deeds of New Hanover County. TO HAVE TO HOLD said easement unto the Foundation, its successors and assigns, forever. Grantor acknowledges that it has been advised by the Foundation to obtain independent advice of a qualified accountant or tax attorney regarding the tax advantages, if any, of the donation made herein, and Grantor has not relied upon any representations, oral or written, made by the Foundation regarding the tax consequences of this conveyance and agreement. [Signature page follows] 0 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written, and Historic Wilmington Foundation, Inc., has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by the authority of its Board of Directors. ► •; Elizabeth Harriss MacDonald MacDonald Thomas M. Harriss Harriss Robert C. Harriss, Jr. Harriss Mary Harriss Harriss E FOUNDATION: HISTORIC WILMINGTON FOUNDATION, INC., a North Carolina non-profit corporation President ATTEST: Secretary (Corporate Seal) State of North Carolina County of I certify that the following person personally appeared before me this day, acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Elizabeth Harriss MacDonald and spouse, Date: [official seal] State of North Carolina County of Notary Public Printed Name My commission expires: I certify that the following person personally appeared before me this day, acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Thomas M. Harriss and spouse, Date: Notary Public Printed Name [official seal] My commission expires: 7 State of North Carolina County of I certify that the following person personally appeared before me this day, acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Robert C. Harriss, Jr. and spouse, Date: [official seal] State of North Carolina County of Notary Public Printed Name My commission expires: I certify that the following person personally appeared before me this day, acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Mary Harriss andspouse, Date: Notary Public Printed Name [official seal] My commission expires: State of North Carolina County of New Hanover I, , a Notary Public in and for the State and County aforesaid, do certify that personally came before me this day and acknowledged that he/she is Secretary of Historic Wilmington Foundation, Inc., a North Carolina non-profit corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by himself/herself as its Secretary. WITNESS my hand and notarial stamp or seal, this the day of Notary Public Printed Name [official seal] My commission expires: 2020. 0 EXHIBIT A That certain parcel or tract of land, lying and being in the City of Wilmington, County of New Hanover and State of North Carolina and described as follows: BEING that certain structure known as the "Doll House" located on Masonboro Sound Road and described as future Lot 168, East & Mason Subdivision, as shown below and on the approved site plan for East & Mason Subdivision, SRB-2-1219: l w 1 }la�Mo ryYtlll]t1f149U�. t� 1R Fl�li Lays �A UI)PI.FG F1r {934. Pr =Om h� zo xk,F 51 [185h CF re mEFt —1 , 8.iE I ApvRC1X1MATF-LOCATION OF + HISTOPoC D19TRICT fl I Lgimia- leaNOTPARTOF [GLU5TER 5L W[0NFA0PQS• L; I To COMPLY WrHWNPUNT4MAL yl SUBNWSIONSTAHDRF.LLS FMF-15 WRICT I 1 D' MUL71-U9E PATH: 7 1NSTALLC6 WITH p.1=VtLOFf.1EHT0f PH 10 EXHIBIT B The Secretary of the Interior's Standards for Rehabilitation The Secretary of the Interior is responsible for establishing standards for all national preservation programs under Departmental authority and for advising Federal agencies on the preservation of historic properties listed or eligible for listing in the National Register of Historic Places. The Standards for Rehabilitation, a section of the Secretary's Standards for Historic Preservation Projects, address the most prevalent preservation treatment today: rehabilitation. Rehabilitation is defined as the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. The Secretary of the Interior's Standards for Rehabilitation The Standards that follow were originally published in 1977 and revised in 1990 as part of Department of the Interior regulations (36 CFR Part 67, Historic Preservation Certifications), and subsequently further revised and are current as of July 1, 2012. They pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior of historic buildings. The Standards also encompass related landscape features and the building's site and environment as well as attached, adjacent or related new construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 11 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Note: To be eligible for Federal tax incentives, a rehabilitation project must meet all ten Standards. The application of these Standards to rehabilitation projects is to be the same as under the previous version so that a project previously acceptable would continue to be acceptable under these Standards. The quality of materials and craftsmanship used in a rehabilitation project must be commensurate with the quality of materials and craftsmanship of the historic building in question. Certain treatments, if improperly applied, or certain materials by their physical properties, may cause or accelerate physical deterioration of historic buildings. Inappropriate physical treatments include, but are not limited to: improper repainting techniques; improper exterior masonry cleaning methods; or improper introduction of insulation where damage to historic fabric would result. In almost all situations, use of these materials and treatments will result in denial of certification. Similarly, exterior additions that duplicate the form, material, and detailing of the structure to the extent that they compromise the historic character of the structure will result in denial of certification. For further information on appropriate and inappropriate rehabilitation treatments, owners are to consult the Guidelines for Rehabilitating Historic Buildings published by the NPS (National Park Service). "Preservation Briefs" and additional technical information to help property owners formulate plans for the rehabilitation, preservation, and continued use of historic properties consistent with the intent of the Secretary's Standards for Rehabilitation are available from the SHPOs and NPS WASO. Owners are responsible for procuring this material as part of property planning for a certified rehabilitation. 12 Guidelines to help property owners, developers, and Federal managers apply the Secretary of the Interior's Standards for Rehabilitation are available from the National Park Service, State Historic Preservation Offices, or from the Government Printing Office. For more information write: National Park Service, Preservation Assistance Division-424, P.O. Box 37127, Washington, D.C. 20013-7127. 13 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton July 7, 2020 Rachel Capito U.S. Army Corps of Engineers Wilmington District Wilmington Regulatory Field Office 69 Darlington Ave. Wilmington, NC 28403 Rachel.A.Capito@usace.army.mil Office of Archives and History Deputy Secretary Kevin Cherry Re: Develop East and Mason Subdivision, 7200 & 7500 Masonboro Sound Road, Wilmington, New Hanover County, ER 19-5333 Dear Ms. Capito: We appreciate your continued consultation with our staff and Joe Cebina regarding affects to the Doll House and Masonboro Historic District. Upon review of the exhibit provided to us by Mr. Cebina on June 17, 2020, we have determined that the proposed project will have no adverse effect on the historic district based on the following conditions being implemented. • For preservation purposes and prior to any work performed within the Doll House parcel boundary, the Doll House property will be placed under a preservation easement with restrictions and covenants, to be held by the Historic Wilmington Foundation. The easement agreement should be executed within 30 days of the issuance of permitting. A copy of the executed agreement should be provided to us for our records. • The development's entry signage should reflect a similar style, massing, height, and material to that of existing drives/entrances within the district. Placement of the signage should avoid the Doll House property. An exhibit dated March 31, 2020 (enclosed) and provided to us and the City's planner for review and comment on April 2, 2020, meets these requirements and has been approved. Any changes to this design or location should to be submitted to us for review and comment prior to installation. • Vegetative buffers, at least ten (10) feet in width and consisting of native and/or existing species, should remain along the south boundary between the development and the Anderson Cottage, a contributing resource to the district, as well as along the north boundary between existing modern development and the Doll House parcel. Buffers are shown on the enclosed exhibit. • Landscaping should be compatible in species, character, and placement density, to that of existing vegetation within the district. To lessen the visual impact of new construction and ensure that a compatible streetscape plan is considered, the developer should contact us for consultation prior to removal of existing vegetation situated along Masonboro Sound Road (see enclosed exhibit of June 17th). Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/807-6599 Photographs should be submitted to us for filing once initial construction along Masonboro Sound Road has been completed and at the time of the permit's termination or expiration, whichever comes first. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, amona Bartos, Deputy State Historic Preservation Officer Enclosed Exhibit 1 — March 31, 2020 Approved signage, buffers, and entry landscaping. Exhibit 2 — June 17, 2020 Future consultation area marked in red. Cc Joe Cebina, Robuck Homes jcebina@robuckhomes.com Dawn Snotherly, Historic Preservation Planner dawn.snotherly@wilmingtonnc.gov Beth Rutledge, Historic Wilmington Foundation rutledge@historicwilmington.org Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/807-6599 EXISTING TREES TO REMAIN IN EASEMENT 12 CAL.SYC. 20" CAL. OAK 12' CAL. OAK PROPER Y LI LIMITS OF SEED TING'V TATIOI� / —IF TYP / _ UTILI T 'S'SEED I EXISTING VEGETATION REMAIN STING TYP I STRUCTURE I / L -i J I SELECTIVELY REMOVE I / EXISTING VEGETATION \ / / UNDER I"CALIPER ANDB-UP' REMAIIHING TREES : I' \ SEED is \ F LIMITS OF SEED �� TYP EXI TIN TREE T R MAIN / - : 12" CAL. G. O SEED O 82' PR CLEAR ENTRAN EXISTING D VEGETATION 0 SEED T y /J EX TING TREE TO REMAIN 12" CAL. OAK E SIN TREE TO REMAIN / O IT( L 12" CAL. OA LK\ -7 D TYPyp EE/ / EXISTING VEGETATION >' I/ TO REMAIN TYP I / O I CONSTRUCTION OF 1 FUTURE HOME SITE WILL REQUIRE SELECTIVE 1, - REMOVAL OF EXISTING N, 1 ✓ TREE AND VEGETATION vyl y v I /✓ \' S E �° < CONSTRUCTION OF / FUTURE HOMESITE WILL REQUIRES ELECTIVE REMOVAL OF EXISTING 7 TREE AND VEGETATION }} / / LIMITS OF SEED v \ r �"J TYP / TO EXISTING VEGETATION TO'REMAIN IZ 1 7YP 1 rc SEED g y yy yy I Imo' 30'CLEAR EXISTING VEGETATION J LITY EASEMENT y 1 \ yy y y yl W I� EXISTING TREES y �r TO REMAIN IN EASEMENT 10CAL. MAG. yI w EXISTING CAL. GUM JI O STRUCTURE 24" CAL. OAK p 8" CAL. OAK 10'-0" WIDE LANDSCAPE BUFFER V-0' WIDE ASPHALT PATH PROPOSED SIGNAGE COLUMN SITE TRIANGLE TYP EXISTING TREE TO REMAIN 10" CAL. OAK SELECTIVELY REMOVE EXISTING VEGETATION UNDER 1" CALIPER AND'UMB-UP' REMAINING TREES TO 4.5' DBH EASEMENT 6'-0' WIDE ASPHALT PATH 10'-0' WIDE LANDSCAPE BUFFER NCSHPO 07/07/2020 ER 19-5333 Letter Enclosed Exhibit 1 PROPOSED SIGNAGE COLUMN ,AST CONCRETE IE TABBY SHELL STUCCO LIVE OAK RED MAPLE } SHUMARD OAK RIVER BIRCH REDBUD FLOWERING DOGWOOD WAX MYRTLE INKBERRY YAUPO AZALEA HOLLY AZALEA GRASS PINKM PINK UHLV GRASS RIVER OATS ER CINNA N CINNAMOONNFERN SUMMER PHLOX NATIVE PLANTS PER NCSU EXTENSION EXISTING TREESNEGETATION LOCATIONS PER TREE SURVEY, PARAMOUNTE ENGINEERING DRAWING DATED 10-22-19 I V V March 31, 2020 Rila Ple. aAmP�lc'yr"ni" pl ard "MW7' T Im WrPo""aanlY>n"bl Plan apgm�imeke evugng co,ha g. mlad 7g,' oundane". Plan mmPor�enis may aw ma air Nmmroanao-onio�. P manl.lry. ,AST CONCRETE FINISH GRADE LI4S7- Z M/� S d/�/ 4;+5 NCSHPO 07/07/2020 ER 19-5333 Letter EX I IN TR Enclosed Exhibit 2 TO REMAIN IN EASEMEM 12" CAL SYC. 20" AL. OAK IV'CAL. OAK PROPER LI 10'-0" WIDE LANDSCAPE BUFFER LIMIT F EED .. TYP TIO . ' UTILI Ian' :_ �;,, . • XI IN V G ATION TO REMAIN \ I EXIS NG STRUC URE I TY // B'-0" W DE ASPHALT PATH ' SELECTIVELY MO E 1 JR EXISTING VEG All N PAIN , AND'LIMB-UP' R NG'�' T TREES T04.S DSH �•:; .I. SEED ' 25.00' ''jjjj{{; TYP s. EXISTI TREE TO REMAIN 1Q" CAL, AG. O82' PR CLEAR ENTRgN 0 EXISTING VEGETATION O+ K O Z - 0 SEEtl. O PROPOSED SIGNAGE COLUMN EX TIN TR E T REMAIN _ 12" L. OAK I TI R E T\ EMAIN/ I SITE TRIANGLE TYP 1T'CA% OAK-,, LIMIT OF SEED 1 / TYP OSCIAL OAKS TO REMAIN r2u11 p'd6- VEG 10 r N'r �__� \FASTING REMAIN Y PQr m I, SELECTIVELY REMOVE EXISTING VEGETATION ' • . �• UNDER 1"CALIPER AND'UMB-UP' REMAINING TREES TO 4.5'DBH ` 25.00' 9.7 ' MENT ^ .0 ' Future Consultation Area 00' I BE I /\ 5-0"WIDE ASPHALT PA 1 25.0.90 1 jj •1 Oz M LI IT F ED TYP ^ •' .. ' '•.. . IXISTIN6VEGETATION OR N . - 7YP ..1•. / ,• SEE:): .: ('•, ': I^'•' 90'CLFAR FXISiNG VEGETA ON'• .., • - EI4Y�EASEMBNT: r 10'-0"WIDE LANDSCAPE BUFFER `\ Exhibit submitted to NCHPO on I� EXISTING TREES June 17, 2020, showing existing vegetation TO REMAIN IN EASEMENT 1D CALMAG survey results, March 31, 2020 exhibit plans, i EXISTING STRUCTURE 24"CAL OAK I� GUM setbacks (proposed and required) and S" CAL OAK building footprint example. - KBH 07/07/20