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HomeMy WebLinkAboutSW1210902_Wetland Determination/Report_20211124U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2018-02316 County: Henderson U.S.G.S. Quad: Skyland GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Minkles Broadpointe II, LLC / Attn.: David Gibbons Address: 7 Cherrywood Road Locust Valley, NY 11560 Email: david@bunrootis.com Size (acres): 25.07 Nearest Town: Mills River Nearest Waterway: UT French Broad River Coordinates: 35.42624,-82.55295 River Basin/HUC: Upper French Broad (06010105) Location description: The project site is located on a tract of land (PIN 9642-18-7974) at the east corner of Old Fanning Bridge Road and Broadpointe Drive in Mills River, Henderson County, North Carolina. Description of projects area and activity: This permit verification authorizes 88.4 linear feet (0.006 acres) of permanent stream impacts to an unnamed tributary of the French Broad River associated with commercial development. Notes: 1. Your project must meet the requirements of regional condition 3.6 for installation of culverts (see attached NWP). These requirements define measures which promote the safe passage of fish and other aquatic organisms and are to be included in the construction/installation of culverts. 2. Your project is located within the FEMA designated 100-year floodplain. The project must meet the requirements of general condition 10 for fills within 100-year floodplains and must comply with applicable FEMA-approved state and local floodplain management requirements. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND 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 September 28, 2021, with revision of October 21, 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/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional 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/regional permit. If the nationwide/regional 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/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional 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. 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. CESAW-RG-A 2018-02316 If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David Brown at 828-271-7980, ext. 4232 or david.w.brown@usace.army.mil. Corps Regulatory Official Date: November 4, 2021 David Brown Expiration Date of Verification: March 18, 2022 Please note that this permit verification does expire on March 18, 2022. However, in accordance with 33 CFR 330.6(b), activities which have commenced (i.e, are under construction) or are under contract to commence in reliance upon an NWP will remain authorized provided the activity is completed within twelve months of the date of an NWP's expiration, modification, or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP. 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 https://re ug latory.ops.usace.anny.mil/customer-service-survey/. Copy furnished (by email): C1earWater Environmental Consultants, Inc., Jeff Golladay, jeff@cwenv.com CESAW-RG-A 2018-02316 Action ID Number: 2018-02316 County: Henderson Permittee: Minkles Broadpointe II, LLC / Attn.: David Gibbons Project Name: Broadpointe Industrial Facility Date Verification Issued: November 4, 2021 Project Manager: David Brown 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.: David Brown 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 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