HomeMy WebLinkAbout20141255 Ver 3_2020_05_28 Stones III creek crossing NWP 29_202105104111
Permittee:
U.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
Clearly Development
Anthony Svdes
100 Carolina Plantations Blvd
Jacksonville. NC 28546
Agent:
Parker & Associates, Inc.
Timothy Stewart
306 New Bridge Street
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 Landinu 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 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 Capito at 910)-251-4487or Rachel.A.Capito*usace.army.mil.
CAPrTO.RACHEL.ANN.15362767 r'grta9y9gn.dby
CAPOO.NACHELANN.153627679g
Corps Regulatory Official: 9° Date 202005,28 1010.54-04.00 Date: 05/28/2020
Expiration Date of Verification: 03/18/2022
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 Svdes
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
•
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i •
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:
• 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 Dreconstruction
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, 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.AN Digitally signed by
CAPITO.RACH EL.ANN.1536276790
N.1536276790 Date:2020.05.28 14:03:02 -04'00'
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
NATIONWIDE PERMIT 29
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Residential Developments. Discharges of dredged or fill material into non- tidal waters of
the United States for the construction or expansion of a single residence, a multiple unit
residential development, or a residential subdivision. This NWP authorizes the construction
of building foundations and building pads and attendant features that are necessary for the use
of the residence or residential development. Attendant features may include but are not
limited to roads, parking lots, garages, yards, utility lines, storm water management facilities,
septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses
(provided the golf course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the
United States. The discharge must not cause the loss of more than 300 linear feet of stream
bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300
linear foot limit by making a written determination concluding that the discharge will result in
no more than minimal adverse environmental effects. This NWP does not authorize
discharges into non -tidal wetlands adjacent to tidal waters. The loss of stream bed plus any
other losses of jurisdictional wetlands and waters caused by the NWP activity cannot exceed
1/2-acre.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States
authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters of the
United States associated with development of individual subdivision lots.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections
10 and 404)
1