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HomeMy WebLinkAbout20141255 Ver 1_SAW-2014-00415 USACE Permit_20210326U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00415 County: Onslow U.S.G.S. Quad: NC-Kellum GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Clearly Development Agent: Parker & Associates, Inc. Anthony Sydes Timothy Stewart 100 Carolina Plantations Blvd 306 New Bridge Street Jacksonville, NC 28546 Jacksonville, NC 28540 Size (acres) 54.2 Nearest Town Jacksonville Nearest Waterway Little Northeast Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.7519 Longitude: -77.2953 Location description: Project area is located south of Rocky Run Road in the Stone’s Landing/ Paradise Point subdivisions in Jacksonville, Onslow County, North Carolina. Project area is a continuation of Olde Towne Pointe Road. Description of projects area and activity: This verification authorizes the discharge of fill material into 0.02 acre of wetlands and 58 linear feet of intermittent stream. These impacts are associated with Stone’s Landing Section III and are considered cumulative with the existing Stone’s Landing and subdivisions which share the associated infrastructure. (SAW -2009-00315). 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 3/26/2020, and the enclosed plans Overall Stream & Wetlands Impact Map 1 & 2 dated 3/19/2020. 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 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 revoc ation, 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 Capito at (910)-251-4487or Rachel.A.Capito@usace.army.mil. Corps Regulatory Official: _____________________________________________________Date: 05/28/2020 Expiration Date of Verification: 03/18/2022 CAPITO.RACHEL.ANN.15362767 90 Digitally signed by CAPITO.RACHEL.ANN.1536276790 Date: 2020.05.28 14:00:54 -04'00' SPECIAL CONDITIONS 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. 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 authorized 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). Action ID Number: SAW-2014-00415 County: Onslow Permittee: Clearly Development, Anthony Sydes Project Name: Stones Landing Section III Date Verification Issued: 05/28/2020 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.Capito@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 CAPITO.RACHEL.ANN.1536276790Digitally signed by CAPITO.RACHEL.ANN.1536276790 Date: 2020.05.28 14:01:31 -04'00' CAPITO.RACHEL.ANN.1536276790Digitally signed by CAPITO.RACHEL.ANN.1536276790 Date: 2020.05.28 14:01:57 -04'00' CAPITO.RACHEL.ANN.1536276790Digitally signed by CAPITO.RACHEL.ANN.1536276790 Date: 2020.05.28 14:02:21 -04'00' Compensatory Mitigation Responsibility Transfer Form Permittee: Clearly Development, Anthony Sydes Action ID: SAW-2014-00415 Project Name: Stones Landing Section III County: Onslow 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: 03030001, White Oak River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 58 0.02 *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) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 58 0.04 Mitigation Site Debited: Bachelor’s Delight 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: x 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. x 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. x 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. x 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 notification. 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, an d 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: Rachel Capito USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: Rachel.A.Capito@usace.army.mil 05/28/2020 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.mil CAPITO.RACHEL.AN N.1536276790 Digitally signed by CAPITO.RACHEL.ANN.1536276790 Date: 2020.05.28 14:03:02 -04'00'