HomeMy WebLinkAbout20181543 Ver 1_Revised Corps comment letter_20190819Strickland, Bev
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Monday, August 19, 2019 10:47 AM
To: Bodnar, Gregg
Cc: Mairs, Robb L
Subject: [External] revised Corps comment letter for Roosevelt Cove S/D
Attachments: CL 31 -YMCA of Triangle -REVISED LETTERHEAD.PDF
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Hey guys,
I don't recall if I sent this to you or not. Attached is the revised Corps letter for your records.
Thanks,
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hair@usace.army.mil
910-251-4049
1
T OF
STA7E5 OF
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 13, 2019
Action ID No. SAW-2008-01497/YMCA of the Triangle Inc.
REVISED
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Douglas MicMlllian to construct a 23 -lot residential
subdivision on an approximate 20.5 acre tract, in wetlands adjacent to Bogue Sound, at 1824
Salter Path Road, in Indian Beach, Carteret County, North Carolina.
Specifically, the project consists of the placement of fill material into federally
jurisdictional wetlands in order to provide access to the site. The applicant proposes to
construct 5 shared driveways to access the 12 waterfront lots of the overall 23 -lot subdivision.
Total wetland fill impacts are 0.43 acre. Culverts installed at wetland crossings will be 24" in
diameter and buried 25%. The length of each culvert is 36'. Neither dredging, nor a docking
facility is proposed with the applicant's submittal.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:
Dredging is not authorized.
2. 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,
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including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit modification authorization.
3. All work authorized by this permit must be performed in strict compliance with the
attached submitted plans, which are a part of this permit. Authorized plans include Sheets 1
through 3 dated August 22, 2018 and revised/resubmitted June 27, 2019. Any modification to
these plans must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.
4. The following DEED NOTIFICATION shall be recorded in the Carteret County
Registry prior to the conveyance of the properties referred to as Roosevelt Cove Subdivision
on the attached plans to include Sheets 1 through 3 dated August 22, 2018 and
revised/resubmitted on June 27, 2019, prepared by The Cullipher Group, P.A., Engineering
and Surveying services.
"A portion of this lot, as determined by the Wilmington District US Army Corps of
Engineers (USACE) under Action ID# SAW -2008-01497, contains waters of the
U.S., including wetlands, which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Any placement of dredged or fill
material within these waters without Department of Army authorization may
constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). Prior
to any work within the jurisdictional areas, you must contact the U. S. Army Corps
of Engineers, Wilmington District Regulatory Division, Wilmington, North Carolina.
This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them."
a. The Deed Notification shall be completed using the format provided above. Within
30 days of recording the DEED NOTIFICATION, the Permittee shall provide a
copy of the recorded DEED NOTIFICATION to the Wilmington District Regulatory
Division clearly showing a stamp from the appropriate official indicating the book
and page at which the DEED NOTIFICATION is recorded and the date of
recording.
b. In the event this permit is transferred, proof of delivery of a copy of the recorded
DEED NOTIFICATION(S) to the subsequent Permittee or Permittees shall be
submitted to the Corps together with the notification of permit transfer.
Signature
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Property Owner Name:
Owner Address (City, State, Zip Code):
Telephone:
Email:
STATE of North Carolina
I
me this day of
County
County,
_, a Notary Public of the State of North Carolina,
hereby certify that owner personally appeared before
and executed by above certification.
Witness my hand notorial seal, this day of, 20_
Notary Public
My commission expires:
5. Restrictive Covenant: The Permittee shall execute and cause to be recorded in
the Carteret County Register of Deeds the restrictive covenants acceptable to the Corps of
Engineers for the purpose of maintaining the 3 acres of remaining on-site wetland areas, in their
natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the
project site. The Permittee shall provide a copy of the recorded restrictive covenants and map to
the Corps of Engineers within 60 days of recording. The provisions relating to wetlands, including
the prohibited activities described in the restrictive covenant cannot be amended without the
express written consent of the U.S. Army Corps of Engineers, Wilmington District. The Permittee
shall enforce the terms of the restrictive covenants and, prior to recording to restrictive covenants,
shall take no action on the property described in the covenants inconsistent with the terms thereof.
• PLEASE NOTE: Work shall not be permitted in wetlands until the Corps
receives a copy of the recorded restrictive covenants.
H
6. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
7. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or maintenance
of this project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
8. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
9. The Permittee shall notify the U.S. Army Corps of Engineers in writing prior to
beginning the work authorized by this permit and again upon completion of the work authorized by
this permit.
10. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083,
Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
11. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
12. If the permittee discovers any previously unknown historic or archeological
remains while accomplishing the authorized work, he will immediately notify the Wilmington
District Engineer who will initiate the required coordination procedures.
13. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be available
at the project site during construction and maintenance of this project.
14. 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).
15. The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less
in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are
not considered significant.
16. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre -project condition.
17. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.
Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil.
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
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Electronic copy furnished:
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Mr. Gregg Bodnar
North Carolina Department of Environmental Quality- Division of Coastal Management
Ms. Karen Higgins/Mr. Robb Mairs
North Carolina Department of Environmental Quality -Division of Water Resources
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division
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