The URL can be used to link to this page

Home My WebLink About20090284 Ver 2_More Info Received_20130724REPLY TO ATTENTION OF -# 09 -0zgy vz DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS a- 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 July 24, 2013 Regulatory Division Action ID No. SAW- 2007 -00295 Mr. Edwin Burnett 4028 Barnes Bluff Drive Southport, North Carolina 28461 Dear Mr. Burnett: Please reference the July 8, 2011 Department of the Army (DA) verification to extend the expiration date of Nationwide Permit (NWP) 39 to complete permanent and temporary impacts to jurisdictional Waters of the U.S. (WoUS) associated with the development of the proposed Country Walk residential subdivision and commercial tracts. This 6.11 project site is located along NC Highway 17 and Bell Swamp Connection NE, near Bolivia, Brunswick County, North Carolina. Specifically, the Corps authorized a permanent discharge of fill material into 0.121 acre and temporary impacts to 0.042 acre of WoUS adjacent to Town Creek. This authorization expired on March 18, 2012. On July 11, 2013, Ms. Emily Hughes of the Corps of Engineers conducted a site inspection on the subject property with you to determine if the work done was in compliance with the terms and conditions of the permit. The following observations were noted: 1) Permanent impact #1 and corresponding temporary impacts were inaccessible but believed to be incomplete. Please provide confirmation of this. 2) Permanent impact #2 and corresponding temporary impacts were complete and in compliance with the permit. 3) Permanent impact #3 and corresponding temporary impacts were not in compliance with the permit; discharge of fill material exceeds the authorized amount. Ms. Hughes reported that the full length (-4001f) of the tributary from the pond to the intersection of the adjacent north -south tributary is filled and no culvert installed. According to the permit issued June 29, 2009, 1981f of tributary was to be piped and filled and the remaining length to be preserved within a Conservation Declaration (as according to Special Condition 2 of the permit). A copy of the verification notice, Special Conditions, design plans and Conservation Declaration map are included for your reference. -2- According to an email dated July 15, 2013, your consultant, Southern Environmental Group, Inc., indicates that you are willing to remove the — 2001f of unauthorized fill within the preservation area and restore this area to pre - construction conditions. Furthermore, you are required to install approximately 1981f of pipe in accordance with the verified plans. The email also states that you intend to reapply for Department of the Army authorization to complete the previously authorized unfinished work. In an effort to resolve this matter, we request that you have the above restoration work complete within 90 days of receipt of this letter. Please contact our office once complete for an inspection. Thank you for your time and cooperation. Should you have questions, please contact Ms. Emily Hughes at (910) 251 -4635 or Ms. Elizabeth Hair, Enforcement Coordinator with the Corps at (910) 251 -4049. Sincerely, Dale E. Beter, Chief Wilmington Regulatory Field Office Enclosures Copy Furnished (with enclosures): Ms. Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 Copies Furnished (without enclosures): Thomas G. Walker, U. S. Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800, Federal Building Raleigh, North Carolina 27611 -3- Mr. John Hennessey Division of Water Quality North Carolina Department of Environment and Natural Resources 3800 Barrett Drive Raleigh, North Carolina 27609 Mr. Chad Coburn Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW - 2007 -00295 County: Brunswick USGS Quad: Funston GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant: Edwin Burnett Address: Soy Bean, LLC 5001 O'Ouinn Blvd., Unit J Southport, NC 28461 Telephone No.: (910) 454 -7300 Size and location of property (water body, road name /number, town, etc.): The 63.11 acre project area is located along Hiehwav 17 and Bell Swamp Connection NE, near Bolivia, Brunswick County, North Carolina Parcel ID numbers are 11100014 and 1110001407. Location: 34.1103 0N. - 7811 % 0W Description of projects area and activity: The proposal includes the placement of fill material into Section 404 waters to construct Country Walk residential subdivision and commercial tracts There are 10 authorized impact areas as depicted below and illustrated on the attached maps and drawings Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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 Quality (telephone (919) 733 -1786) 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) 395 -3900. Authorized Impacts Permanent Tributary Impact Temporary ributaryfmpact Impact # impact T Feet Acres Feet Acres I Culverted Road Crossing 55 0.012 1 A Temporary impact for road crossing construction 14 0.003 I B Temporary impact for road crossing construction 9 0.002 2 Culverted Road Crossing 54 0.018 2C Temporary impact for road crossing construction 12 0.004 2D Temporary impact for road crossing construction 6 0.002 3 Culverted Road Crossing 198 0.091 3E Tempo impact for road crossing construction 4 0.002 3F Temporary impact for road crossing construction 4 0.002 3G Temporary impact for road crossing construction 1 59 0.027 Total 1 307 0.121 108 0.042 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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 Quality (telephone (919) 733 -1786) 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) 395 -3900. Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ 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 and Section 404 of the Clean Water Act. 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. ® There are waters of the US and/or wetlands within the above described project area 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. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination, issued. Basis of Jurisdictional Determination: The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and water bodies with ordinary high-water maiks that drain to Town Creek • a Traditionally Navigable Waterway, via This determination is based on information submitted by Southern Environmental Group Inc and verified by this office E. Appeals,Information. This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou 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: District Engineer, Wilmington Regulatory Division Attn: Kimberly Garvey, Project Manager, Wilmington Regulatory Field Office 69 Darlington Avenue . Wilmington, North Carolina 28403 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 33 1.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be.rece. ed at the above address u s 9 2009. **It is not necessary to submit an RSA of 'to t fe D'sM�O��ce if, ou'f not object to the determination in this corres ndence. ** Corps Regulatory Date: June 29.2009 U Expiration The Wilmington District is committed to providing the highest level oJsupport to the public. To help us ensure we continue to do .so. please complete the Customer Satisfaction Survey located at our website at http: //regulatorv. usacesui -vev. coal to complete the survey online. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. ACTION ID # SAW- 2007 -00295 SPECIAL CONDITIONS: 1. In order to compensate for impacts to 307 linear feet of tributaries, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.24'acres of riparian wetlands in the Cape Fear River Basin, Cataloging Umit 03030005. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation *to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department, of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. 2. The - Permittee shall execute-and'cause to be recorded in the Brunswick County. Register of Deeds the Conservation &clardii&i (attached) for the purpose of maintaining the remaining waters and wetlands as well as the- streatr x'estoratiori area, :as shown on the Draft Wetlands Preservation'• Map (attached), in their,natural and%or mitigated state in perpetuity, prior to the sale or conveyance of any portion or all of the approximately 63.1 l project area or within 180 days of the date of this authorization, whichever occurs first. At the time of recordation of the Covenants, the Permittee must also* record with the Brunswick County Register of.Deeds, a final survey map of the development, sealed by the licensed surveyor, which clearly depicts the surveyed areas of Conservation and lot/infmstructure layout. These provisions relating to wetlands cannot be amended 'or modified without the express written consent of the U.S. Army Corps of Engineers, Wilmington District. *This includes changes as a result of any local government drainage easement requirements *.. The permittee shall enforce the terms of the Covenants and, prior to conveyance of the property, shall take no action on the property described in the Covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded Covenants and recorded Survey to the Corps,of Engineers within 15 days of recording. ; 3. Cleared wetland areas, associated with 'the areas of temporary impact, shall be re- vegetated with a wetland seed mix or a mix of native woody species. The permittee shall not use any Fescue grass or any invasive species such as Lespedeza within the wetland areas. 4. Prior to construction adjacent to or within any jurisdictional areas, the penmittee must correctly install silt fencing (with or without safety. fencing) along the wetland/upland boundaries on both sides of the jurisdictional crossings. This barrier is to serve both as an erosion control measure and as a visual identifier of the limits of construction within any jurisdictional area. The permittee must maintain the fencing, at minimum, until the Brunswick County Engineering Department or the North Carolina Division of Land Resources releases the site from their sedimentation and erosion control requirements and the temporarily impacted wetlands have re- vegetated and stabilized. Corps Regulatory Official; ate:.- � � y (14 \ _ i -- _- - - - - -- a - - - - - -- \. — ��— - - -may' .:::: ..... Yr � -�, i♦ � / z .1 Alba -- - 1- -- �j anianlaal 1::..... . � � �:::;:;::•.:::. :•:::•� `' / iii I it,` \�� i� _ an E.`:' {: r •: mn mL }' % % i = O V as as .::......... ... q B Gnu f / ^_-� j,`� \ -1 `l j� mn111 , aL .� ' �` `o % / // i = Z •sa Y sa / .a l I =" I l aay` .. / y a r i�C sn � �an ♦�`\ ,�( SZ '�yy(r �E�il \`. .\ / ;::� �.\ . \aa`�I // y� =ate �_\ iAL / ♦ \ aal:ani sa l � �)�m °�1 :� \ tea\\ i cL� � �\ mn � a_� W as p �-�_ �\/' \�[ \ as _ an I I �saq i� S =� �� v l =a AIL =q I Ian I sa I aa31 _ -_ am : ♦ ma I I as `\ I :•:::•: � :• .:�::•:•:•::�:•:•:. ,` ` o , / / / , 9 \` I ..__ � � as an -•� - - -•- -� .... +'�� `�.� � ��k-= _� �I as � ma I� - -� ..�,.. --� .-.1� ' If::-:• �': ;:;:;:;: :: : .�� as AU r-- - - - - -� a 1, 8 a:•. .:^ \` / ` C��o^ 1 as aA '•! I .�m,m I -,+ C _ :::.•.� t aq 11 �- -L. I =q j 1 I' `{ sa I -� .r. ALL Grm ma mn 1 � I -+ as 1 ma as j sat 1® —_� a 1(nai ' \ sn \ \t-� sn 1 as ! 1. -- az — ' 1 sa h r, �. Y f i % / �. leo \ �J ' as 11 1r �' =a / �,�/ / / / CA„ p sa . I______________�••, / I �-'C \aa �mai anlaa lsa lmalanl J\ / Y - -• lam.• •,., i /i ,• o 8 z ----- - - - - -- — —�— �� i > z as 1 A& i as I sn. I as 1 as \ 1 ; %• �.i I I 01037 s !.. _ ...... WETLAND TO BE PRESERVED �.-_- .— .____L____.— .••�,,._. .� �A / % / WETLANDS ON SITE 296.755 S F (6 81 AC ) PERMANENT WETLANDS 4.817 29 S F (0 1 106 AC) DAPACTED ------ -� ' / ( TOTAL WETLLNDS 291,93771 SF (6 702 AC.) .l_L.'_"- ,��--- ._.•'�°• __ \ TO BE PRESERVED ------------------ ----------- - - - - -- ---- L-- - - - - -- PE SCALE 1 200' ,