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HomeMy WebLinkAbout20201700 Ver 1_USACE Permit_20210422 (2)U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02201 County: Brunswick County U.S.G.S. Quad: Calabash GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Brad Brundage DR Horton Address: 4049 Belle Terre Blvd Myrtle Beach SC, 29579 Telephone Number: (704) 804-9781 E-mail Address: BCBrundage@drhorton.com Size (acres) (2) lots Nearest Town Sunset Beach, NC Nearest Waterway Shingletree Swamp River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.90553 Longitude: -78.52531 Location description: These (2) lots (24 & 49) are located in the Cape Side Subdivision off Old Georgetown Road in Sunset Beach, Brunswick County, NC. Description of projects area and activity: This project will use a NWP 29 to fill wetlands on (2) lots within the subdivision. Lot #24 = 0.116 acres (5071 SO FT), Lot #49 = 0.105 acres (4599 SQ FT), the project will also account for 0.013 acres (572 SQ FT) of historic fill that was placed into 404 wetlands for the construction of the subdivision lift station. Total amount of wetland impacts = 0.23 acres) Mitigation credits will be purchased at the Stone Farm mitigation Bank to offset the wetland loss. 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: 29 Residential 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 February 18, 2021 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-2020-02201 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) 251-4694 or Gary.H.Beecher@usace.army.mil. GARY H. BEECHER Digitally signed by GARY H. Date: 2021021807:27:57 -05HER 00' Corps Regulatory Official: Expiration Date of Verification: NWP 29 Will expire on March 18, 2022 A. Determination of Jurisdiction: Date: February 18, 2021 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- B. Basis For Jurisdictional Determination: Based on the Approved Jurisdictional Determination (SAW-2013-01920) it appears that 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: A desk top review was performed on this project using information from the consultant (LMG), topo maps, soils maps and information from a previous Corps action (SAW-2013-01920). 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 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 SAW-2020-02201 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. GARY H. BEECHER DigitallysignedbyGARYH.BEECHER Date: 2021.02.18 07:27:30-05'00' Corps Regulatory Official: Gary Beecher Date of JD: February 18, 2021 Expiration Date of JD: February 18, 2026 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 ://corpsmapu.usace.army.mil/cm_apex/f?p=1 3 6:4: 0. Copy furnished via e-mail to: Owner: Andrew Galucki Drapac Group 24, LLC 1123 Zonolite Road, NE, Suite 30 Atlanta, GA (303) 434-6365 Andrew@stbourke.com Consultant: Kim Williams Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 (910) 452-0001 Kwilliams(almgroup.net SAW-2020--02201 SPECIAL CONDITIONS 1. 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). 3. Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached permit plans dated February 18, 2021, 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. 4. Mitigation: 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 the form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2020-02201 County: Brunswick County Permittee: Brad Brundage DR Horton Project Name: Cape Side Subdivision Date Verification Issued: February 18, 2021 Project Manager: 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 ao Cedar Bay No 5 School Rd R'N Th°moboro .--- m as 6o ro Crossroads �efr T r 5 W stab 9P yi e .yeti . 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N �atn Sources: Esri, HERE, Garmin, U'SGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community L:\data\WETLANDS\2020 WETLANDS FILES\LMG20.429 --- Cape Side, DR Horton\Maps Boundaries are approximate and not meant to be absolute. Map Source: ArcGIS World Street Map N 0 1,000 2,000 4,000 A Feet Scale applies to 11X17" print. Cape Side (25 Lots) Brunswick County, NC ILMG Figure 1 Vicnity Map November 2020 LMG20.429 LAND MANAGEMENT GROUP a DAVEY. company 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 -1 / 1 12 / / 13 14 lam 75.00 Am lam SIRWOOD SUBDIVISION / MAP CABINET I. PAGE 121 16 / 18 mu w2 x Arm 120115 17 TYPICAL WETLAND AREA 18 75.00 MOO 75.00 ay SEA TRAIL CORPORATION (REPUTED OWNER) DEW BOOK 662, PAGE 828 x vm'a^o mnw2 Wetland Impact #1: 0.105 ac (4,599 sf) — TYPICAL WETLAND AREA • r'm or. Wetland Impact #2: 0.11 ac (4,997 sf) TYPICAL WETLAND AREA x msra w IMP/ - 9 404 Wetlands Wetland Impacts Legend NOTES: 1, BASE SURVEY FILE PR❑VIDED BY ST. B❑URKE. 2, NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIR❑NMENTAL PERMITTING ONLY. 0 100 200 400 LMG LAND MANAGEMENT GROUP a DAVEY,.. company 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 Pro,Jectl Date: Revision Date: Cape Side 2/5/2021 NA Subdivion Title; SITE PLAN SCale Job Number: 1"=200' LMG20,429 Drawn By: Sheet Number, 5 404 Wetlands Wetland Impacts Wetland Impact #1: 0.105 ac (4,599 sf) NOTES: 1. BASE SURVEY FILE PROVIDED BY ST, BOURKE. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Legend 0 15 30 60 tLMG Project Cape Side Subdivion Date; 12/8/2020 Revision Date, NA LAND MANAGEMENTyNGROUP a DAVEYi. company 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 Scale: 1"=200' Job Number LMG20,429 Title; LOT 49 Drawn By: Sheet Number: 6 5 55 Sea 3ourne Way Rev Wetland Impact #2: 0.11 ac (4,997 sf) Wetland Impact #3: 0.013ac(572sf) NY - SUBDIVI Legend 404 Wetlands Wetland Impacts ATF Wetland Impacts NOTES: 1, BASE SURVEY FILE PROVIDED BY ST, BOURKE, 2, NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY, 0 15 30 60 t Project: Cape Side Subdivision Date: 2/4/2021 Revision Date: NA LM G [.AND MANAGEMENT GROUF aD EY company 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 Scales 1"=200' Job Number. LMG20,429 Title: LOT 24 Drawn By: Sheet Number: U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Brad Brundage (DR Horton) Action ID: SAW-2020-02201 Project Name: Cape Side Subdivision 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: 03040207, Lumber River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal . 0.223 acres *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: 03040207, Lumber River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal . 0.40 Mitigation Site Debited: Stone Farm 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 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: To offset the 0.49 acre wetland loss, mitigation at a rate of 1:1 will be required. Riparian wetland credits in the amount of 0.5 credits will be purchased from the lower Cape Fear Umbrella Mitigation Bank. 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 (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: Gary Beecher Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 gary.h.beecher@usace.army.mil GARY H. BEECHER Digital. BEECHER Date: 21021 02.1y d807: 6by R 2Y H0500' February 18, 2021 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.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.