Loading...
HomeMy WebLinkAbout20141255 Ver 1_Emails_20150115Steenhuis, Joanne From: Shaver, Brad E SAW [Brad.E.Shaver @usace. army. mi1] Sent: Thursday, January 15, 2015 4:34 PM To: Parker & Associates, Inc.; leahquinn @sydescommunities.com Cc: Steenhuis, Joanne; Corbett, Cindy M SAW; Tugwell, Todd SAW; Christian Preziosi Subject: Stones Landing Section 1 at Onslow Bay (UNCLASSIFIED) Attachments: NWP29_3- 23.pdf; Signed Mitigation Responsibility Transfer Form Stones Landing at Onslow Bay.pdf; Applicant Copy Stones Landing at Onslow Bay nw.pdf Classification: UNCLASSIFIED Caveats: NONE Tim, Attached you will find a nationwide tear sheet for the subject subdivision. If you have any questions please don't hesitate to give me a call, Brad Brad E Shaver Project Manager US Army Corps of Engineers 69 Darlington Ave Wilmington, NC 28403 (910) 251 -4611 Fax# (910) 251 -4025 Website: http: / /www.saw.usace.armV.mil /WETLANDS 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 the Customer Satisfaction Survey located at http : / /regulatory.usacesurvey.com /. Classification: UNCLASSIFIED Caveats: NONE Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW - 2014 -00415 County: Onslow U.S.G.S. Quad: NC -CAMP LEJEUNE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Clearly Development, Inc. attn: Mr. Anthonv W. Svdes Address: 100 Carolina Plantation Blvd. Jacksonville, NC 28546 Email: leahg uinn Ld sydesco mmu nities.co m Agent: Parker and Associates, Inc. attn: Mr. Timothv M. Stewart, P.E. 306 New Bridue Street Jacksonville, NC 28540 paitextLd bizec. rr.co m Size (acres) 54.5 Nearest Town Jacksonville Nearest Waterway Little Northeast Creek River Basin New. North Carolina. USGS HUC 3030001 Coordinates Latitude: 34.7514687814824 Longitude: - 77.2942246196156 Location description: Tract 3 of Onslow 22, on the southeast side of Rocky Run Road (SR 1413), approximately 1.5 miles north of NC 24, adiacent to Rockv Run Creek and Horse Swamp, Jacksonville NC. Description of projects area and activity: This verification covers infrastructure impacts for Stones Landinu Section lat Onslow Bay. This section is a continuation of roads leaving Paradise Point. The road infrastructure will require impact to 117' linear feet of stream channel and 0.03 of an acre of wetlands impact. 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: NW -29 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 12 -3 -2014, stamped received 12 -9 -2014 with supplemental information submitted by Tim Stewart on 1 -8 -2015. 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 Quality (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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808 -2808. 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 Brad Shaver at 910- 251 -4611 or Brad.E.Shaver(ir usace.armv.mil. TI BVVSCSBE/F/2387712 E'o'a'�'0 -7 p;��s O EPEO -, Corps Regulatory Official: 867 EW,�1 -2,- 61127116(,1( Date: 1 -14 -2015 Expiration Date of Verification: 3 -18 -2017 Determination of Jurisdiction: A. ❑ 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). B. ❑ 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. C. ❑ 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. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 3 -10 -2014. Action ID: SAW- 2014- 00415. Basis For Determination: The site posses features with both an ordinary high water mark and wetlands that exhibit characteristics described in the 1987 Corps delineation Manual and appropriate Regional Supplement. Remarks: The impacts will be mitigated through payment to the Bachelors Delight Mitigation Bank 11p/B\/FS✓CSBE/F /238771 EOcCVT4p >V/r /!Hp Bm ��Bp >EpE pv28QJ 2867 Eb f 3826/1226 2G SSBE 62387712867! Corps Regulatory Official: Brad Shaver Date of JD: 3 -10 -2014 Expiration Date of JD: 3 -10 -2019 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 online at http: / /regulatory.usacesurvey.com . Copy furnished (electronic): Mr. Christian Preziosi, Agent for Bachelors Delight Mitigation Bank, cpreziosikI ngroup.net Ms. Joanne Steenhuis, NCDENR -DWR, ioanne.steenhuis(a)ncdenr.gov Mr. Todd Tugwell, USAGE, todd.tugwell(a)usace.army mil Ms. Cindy Corbett, USAGE, cndy.m.corbett(a)usace.annv.mil SAIV- 2014 -00415 SPECIAL CONDITIONS The subdivision has been designed in a manner that no additional wetland impacts are needed to fulfill the basic purpose of providing a residential subdivision. The owner is encouraged to place deed notification language with the restrictive covenants that alerts potential buyers that wetlands exist on lots and that there are no guarantees that wetlands fills would be authorized since minimization was employed during the design. The notification should indicate that any request to impact wetlands must come through the US Army Corps of Engineers, Wilmington Field Office. 2. The wetland boundary, as marked on the figure titled "Overall Wetland Impact Map —Sheet lof 2, sealed 11/26/2014" shall be physically /visually identified using silt fence, safety fence, or similar products during all phases of construction in the following areas: a. The limits of the wetland impacts authorized by this permit as shown on the above referenced figure. b. The wetland boundaries within 50 feet of all construction and other land disturbing activities within the Stone Landing Development project. 3. Future phases of the Onslow Bay property will be considered part of a single and complete project, and impacts will be considered cumulative with impacts permitted during earlier phases. As such, if impacts proposed in future phases in combination with impacts permitted in earlier phases exceed the Nationwide Permit threshold, future phases will be subject to Individual Permit review. 4. 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. TI BV�SiCSBE /F/2387 Ejhj,bmltjhofe!cz!_l BVF&CSBE/ 2387712867! EC7,1dCVT- 1p >V/i /1HpW son f ou pv >EpE?pv >QJ! 712867 pv >VTB?cb >-1 BVF&CSBE/F2387712867! Ebd 13126/12/26!26;65;32!.16(11( Action ID Number: SAW- 2014 -00415 County: Onslow Permittee: Clearly Development, Inc. Project Name: Stones Landing, Section 1 at Onslow Bay Date Verification Issued: 1 -14 -2015 Project Manager: Brad Shaver 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: Brad Shaver 69 Darlington Ave Wilmington, NC 28403 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 Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Clearly Development, Inc. Project Name: Stones Landing, section 1 at Onslow Bay Action ID: S4W- -2014 -00415 County: Onslow Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Splonsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor hat fl�.sr C" a*R t4 Cls t s' -fts[f 'ruj:am JV 62 ensure that to the U.S Army Corps of Engineers (US4CE) 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 Splonsor 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 Splonsor and /or HUCmust be provided to the appropriate mitigation Splonsors. Instructions to Sponsor: The Splonsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Splonsor 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 Splonsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the US4CE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Splonsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUCand Basin: 03030001, White Oak River Basin Bream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Rparian Rverine Rparian Non- Rverine Non- Rparian Coastal 117 1 1 0.03 * If more than one mitigation sponsor will be used for the permit, only include impactsto be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUCand Basin: Choose the 8-digit HUC Bream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Rparian Riverine Riparian Non- Rverine Non- Rparian Coastal 117 0.06 Mitigation Site Debited: Bachelors Delight Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies specific site, also list the specific site to be debited). Section to be completed by the M itigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Eponsor shown below, and I certify that the Eponsor agrees to accept full responsibility for providing the mitigation identified in thisdocument (seethe table above), associated with the US4CEPermittee and Action ID number shown. I also verify that released credits (and /or advance credits for NCEEP), as approved by the US4CE, are currently available at the mitigation site identified above. Further, I understand that if the Eponsor fails to provide the required compensatory mitigation, the US4,CE Wilmington District Engineer may pursue measures against the Eponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: b V s o0-{.3.2di*! j ddrj t mdAies■ {'TEA4'1i of {.3 11111e'o ! 1 Cudrjlrsf VA als2s■Odbs Date of Signature Page 1 of 2 Form Updated 12 September, 2014 USACEWilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditionsfor Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation sponsor and the US4CE 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 US4CE is in receipt of a copy of this document signed by the Splonsor, confirming that the Splonsor 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 Splonsor must be provided to the US4CEwithin 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the US4CEhas received this form, confirming that the Splonsor has accepted responsibility for providing the mitigation requirements listed herein. • 9gned copies of this document must be retained by the Permittee, Mitigation Splonsor, and in the US4CE administrative records for both the permit and the Bank/ILF Lmt(X 1§mc l Cis t s' s�f 'rsf.tb.2 Cn s.2j 'rs that the US4CEProject Manager (address below) is provided with asigned 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 US4CE, the Splonsor must obtain case -by -case approval from the US4CE 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 thisform must be completed and included in the US4CEadministrative recordsfor both the permit and the Bank/ ILF Instrument. Comments/ Additional Conditions: This form is not valid unless signed below by the US4CE Project Manager and by the Mitigation Splonsor 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.mill Questions regarding this form or any of the permit conditions may be directed to the US4CEProject Manager below. USACE Project Manager: Brad -Shaver USACE Field Office: Wilmington Regulatory Field Office USArmy Corps of Engineers 69 Darlington Avenue Wilmington, NC28403 Email: TI BV�S/CSBE/F/238771286 Ehj,brcn4Jnofe! -!n BVFSKSBE/F23877128671 EO;!d >VTAp >V/T/!Hpvf mn f oW.pv >EpE- !pv >a-,A 7 pv >VTB,do >Tl BVFSCME/F /23877128671 Ebif ;!3126/1226!26;68;46!.16(11( USACEProject Manager Signature January 14, 2015 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.mi1. Page 2of2 The V\Almington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http: // rggulatory.usacesurvey.com/ to complete the survey online.