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HomeMy WebLinkAbout20220793 Ver 2_ePCN Application_20230119DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 1/16/2023 BIMS # Assigned * Version#* 20220793 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Holley Snider:eads\hasnider:Holley.Snider@ncdenr.gov Information for Initial Review la. Name of project: COURTESY COPY 706 5th Street la. Who is the Primary Contact?* Dana Lutheran Reviewing Office* Wilmington Regional Office - (910) 796-7215 lb. Primary Contact Email:* lc. Primary Contact Phone:* dlutheran@segi.us (910)228-1841 Date Submitted 1/19/2023 Nearest Body of Water Carolina Beach Lake Basin Cape Fear Water Classification Cape Fear River Site Coordinates Latitude: Longitude: 34.028876 -77.902340 A. Processing Information County (or Counties) where the project is located: New Hanover Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission.* 6/9/2022 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 11. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes 401 Water Quality Certification - Express Riparian Buffer Authorization No Unknown 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Vincent and Kim Losito 2b. Deed book and page no.: 6564/1745 2c. Contact Person: Vince Losito Yes No Yes No 2d. Address Street Address 607 Sumpter Ave Address Line 2 City State / Province / Region Carolina Beach NC Postal / Zip Code Country 28428 US 2e. Telephone Number: 2f. Fax Number: (336)209-1515 2g. Email Address: * vlosito@outlook.com 3. Applicant Information (if different from owner) 3a. Name: Keith Bloemendaal 3b. Business Name: Dutch Built Homes, LLC 3c. Address Street Address PO Box 407 Carolina Beach NC 28428 Address Line 2 City Carolina Beach Postal / Zip Code 28428 3d. Telephone Number: (910)305-4604 3f. Email Address: * keith@dutchbuiltnc.com 4. Agent/Consultant (if applicable) 4a. Name: Dana Lutheran 4b. Business Name: Southern Environmental Group, Inc. (SEGi) 4c. Address Street Address 5315 South College Road Address Line 2 Suite E City Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)228-1841 4f. Email Address: * dlutheran@segi.us C. Project Information and Prior Project History State / Province / Region NC Country US 3e. Fax Number: State / Province / Region NC Country US 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) NA lc. Nearest municipality / town: Carolina Beach 2. Project Identification 2a. Property Identification Number: R09009-007-010-000 2b. Property size: 0.14 2c. Project Address Street Address 706 S 5th Street Address Line 2 City Carolina Beach Postal / Zip Code 28428 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Carolina Beach Lake 3b. Water Resources Classification of nearest receiving water: * Cape Fear River 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050704 4. Project Description and History State / Province / Region NC Country US 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is vacant land, with juvenile trees and shrubs. Two remnant areas, totaling 0.025-acre, of a Pocosin, wetland pocket can be found within the southeast and northeast corners of the property (see proposed Site Plan). A Nationwide Permit 18 was issued on 6/30/22 and for a driveway (see attached). Fill for the driveway has been placed within the 0.025-acre impact area, however no further development has taken place beyond that. Mitigation for the previously authorized impact was fulfilled (see attached MRT Form). Residential is the main land use in the vicinity of the project site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2022-01285 and 20220793 Ver 1 4f. List the total estimated acreage of all existing wetlands on the property: 0.025 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The purpose of this project is to construct a single family dwelling, with driveway large enough to store 4 vehicles, and maintenance corridor, for private use. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will entail filling 0.025-acre of wetlands, with clean earthen soil. RCP pipes (sizes TBD) will be installed under the driveway entrances, as required by the Town of Carolina Beach. The fill is necessary to facilitate the construction of a 48' x 35' pile supported, two story dwelling, with 20' front entrance stairway, driveway and maintenance corridor. Front end loaders, dump trucks and pile drivers will be used to complete the work. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-01285 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Noah Dean SEGi 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 6/9/22 6. Future Project Plans 6a. Is this a phased project?* Yes • No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This is a single lot, with independent access and utilities. A previous permit was obtained for a driveway, but that layout did not work for the prospective buyer, who is the applicant. Permits are not needed, in the future, to make this a viable project. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* 1 Driveway Access P Pocosin A No Corps 0.025 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.025 2i. Comments: E. Impact Justification and Mitigation 2g. Total Permanent Wetland Impact 0.025 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the configuration of the wetland being at the front of the lot, avoidance was not possible. Furthermore, to ensure adequate room to park and navigate at least four vehicles (i.e., the number of parking spaces required by the Town of Carolina Beach), the driveway could not be reduced to one lane. Therefore, minimization was not possible. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Prior to land disturbing activities, the applicant will have silt fence installed along the limits of disturbance (LOD) line. Additionally, a construction entrance will be installed. The measure will be inspected weekly and repaired as needed and should ensure that sediment does not discharge outside the LOD. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: LCFUMB 3b. Credits Purchased/Requested (attach receipt and letter) Type: Non -riparian wetland 3c. Comments Quantity: 0.10 A credit reservation letter will be submitted upon receipt of the Corps acceptance of the proposed plan. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project site is not within one of NC's Riparian Buffer River Basins. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: A stormwater permit will be secured through the Town of Carolina Beach G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. This is a single family lot, with independent access and utilities. It will not provide access to currently landlocked property. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Town of Carolina Beach 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The project is located within a densely developed area. Thus, further evaluation was not warranted. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * The project is not abutting or adjacent to a waterbody that would support EFH. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The project site is in an area that has been mechanically altered over the years. Furthermore, there are no structures on the subject property. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: Please see attached approval from the Town of Carolina Beach. 8c. What source(s) did you use to make the floodplain determination?* New Hanover County GIS Flood Map Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 706 5th Street CB Dutch Built PCN Attachments 1-16-23.pdf 5.01 MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Dana A. Lutheran Signature Date 1/19/2023 706 5t" Street, Carolina Beach Pre -Construction Notification Attachments Prepared for: Dutch Built Homes, LLC Keith Bloemendaal PO Box 407 Carolina Beach, NC 28428 910.305.4604 Prepared by: Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 910.228.1841 Date: 16 January 2023 706 51h Street PCN Attachments 1-16-23 SEGi Appendices Number Description 1 Parcel Information and Aerials 2 Division of Water Resources Water Classification Map 3 Previously Issued PJD and NWP 18 4 Site Plan & Wetland Impact Map 5 Town of Carolina Beach Floodplain Approval 6 New Hanover County GIS Flood Map 706 5t" Street PCN Attachments 1-16-23 SEGi Attachment 1 706 5t" Street Parcel Information and Aerial b� w r 4 r P. F , ! j• y ray ~' J4 16r Wk r �=4 r ' 706 5th Street PCN Attachments 1-16-23 SEGi Attachment 2 DWR Water Classification Map Legend Layers JriJli� ., ®0 00 r Ayp F'a, 'sce Aye ae 194n raolnsbo�..l _„ 00 00 ��r , �g^9� ::ikonA- Lumberton A•- Surface Water Classifications: r� e rPa+ r;:, _ ASmr r o Lei do°+re R Stream Index: 18-{71) F yJmr�+AV, h Cardina Stream Name: CAPE FEAR RIVER n Beach Description: From upstream c e n°ng4ry mouth of Toomers creek to a line across sue're,gr�ngve - the river from Snows �•, t,,w Paint (through Snows Marsh) to Federal Point fAt a', y Classification: SC 4 nr Date of Class.: August 8, 1981 What does this Class. View mean? "rated S - Wil inglon each P `ao River Basin: Cape Fear 706 5th Street PCN Attachments 1-16-23 SEGi Attachment 3 Previously Approved PJD and NWP 18 SAW-2022-01285 Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01285 County: New Hanover U.S.G.S. Quad: NC -Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Vincent Losito Address: 607 Sumter Ave Carolina Beach, NC 28421 E-mail: vlosito(&outlook.com Size (acres) 0.14 Nearest Town Carolina Beach Nearest Waterway Atlantic Ocean River Basin Cane Fear USGS HUC 03030005 Coordinates Latitude: 34.028808 Longitude:-77.902224 Location description: The project area is located at 706 N Fifth Street in Carolina Beach. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/7/2022. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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, including wetlandson the above described project area/property 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. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2022-01285 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. 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 no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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 property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or brad.e.shaver(&usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 06/10/2022. D. Remarks: This verification was made via desktop. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you 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: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL SAW-2022-01285 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 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed Brad Shaver Brad Shaver 1 Date: 2022.06.10 1:23:37 -04'00' Corps Regulatory Official: Date of JD: 06/10/2022 Expiration Date of JD: Not applicable 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 hiips://re ug lator,�.ops.usace.army.mil/customer-service-survey/. Copy Furnished(electronic): SEGI attn: Noah Dean NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND W JL REQUEST FOR APPEAL Applicant: Vincent Losito File Number: SAW-2022-01285 Date: 06/10/2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.asi) ozilig Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL olkJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Brad Shaver ADMINISTRATIVE APPEAL REVIEW OFFICER Wilmington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 69 Darlington Avenue ATLANTA, GEORGIA 30303-8803 Wilmington, North Carolina 28403 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunit to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 W& Am -It L. i Property Line [] Wetlands - - ■ Data Point 0 ft 20 ft 40 ft 60 ft Map Souree: 2019 NC Statewide 0rthoimagery Field Sketch of Wetlands 706 N Fifth St Carolina Beach, New Hanover Co., N.C. 06/07/2022 022-081.01 0 s 41 r� U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01285 County: New Hanover U.S.G.S. Quad: NC -Carolina Beach GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Vincent Losito Address: 607 Sumter Ave Carolina Beach, NC 28421 E-mail: vlosito(&outlook.com Size (acres) 0.14 Nearest Town Carolina Beach Nearest Waterway Atlantic Ocean River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.028808 Longitude:-77.902224 Location description: The project area is located at 706 5th Street in Carolina Beach. Description of projects area and activity: This verification authorizes the placement of fill into 0.025 of an acre of jurisdictional wetlands for the construction of a single family residence. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide 18 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 attached Conditions, your application signed and dated 6/9/2022, and the enclosed plans Wetland Impact Map dated 6/24/2022. 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 and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general 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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management 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 910-251-4611or brad.e.shaver(&usace.army.mil. Digitally signed by Brad Shaver Brad Shaver 1 Date: 2022.06.30 0:2143 Corps Regulatory Official:-04'00' Date: 6/30/2022 Expiration Date of Verification: 3/14/2026 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 6/10/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD, Vincent Losito, 607 Sumter Ave, Carolina Beach C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 706 N 5th, SAW-2022-01285 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 706 N Fifth St, Carolina Beach, NC (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: New Hanover City: Wilmington Center coordinates of site (lat/long in degree decimal format): Latitude: N 34.028797 Longitude: W 77.902198 Universal Transverse Mercator: Name of nearest waterbody: Atlantic Intracoastal Waterway E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date:6/10/2022 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) 1 34.028797 77.902198 0.05 ac Wetland Section 404 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Field sketch of wetland ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24k Carolina Beach ® Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of New Hanover Co. ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): 2019 NCOneMaps Orthoimagery or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by Brad Shaver Brad Shaver Date: 2022.06.10 11:21:30 -04'00' Signature and date of Regulatory staff member completing PAD DATE Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. SAW-2022-01285 SPECIAL CONDITIONS Nationwide 18 706 5tn Street. a. 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. b. Fill slope boundary must maintain a 2:1 slope and must be permanently stabilized upon project completion including the proposed retaining wall location. Digitally signed by Brad Shaver Brad C J h a V e r Date: 2022.06.30 10:22:04 -04'00' U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Vincent Losito Action ID: SAW-2022-01285 Project Name: 706 5th Street, Carolina Beach County: New Hanover 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether 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 ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the 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: 03030005, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.025 *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: 03030005, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.10 Mitigation Site Debited: Lower Cape Fear Umbrella 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 Wilmington District, 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 Page 1 of 2 Form Version 10 June 2020 updated CESAW-RG (File Number, SAW-2022-01285) Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Lower Cape Fear Umbrella Mitigation Bank, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 6/8/2022 was included with the preconstruction notification. This form is not valid unless signed below by the District 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 District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.arm V.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Brad Shaver USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: brad.e.shaver@usace.army.mil Digitally signed by Brad Shaver Brad Shaver Date: 2022.06.30 10:23:07 -04'00' USACE Project Manager Signature 6/30/2022 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. 7.5' 10' T A etlan N 0.05 ac PROPOSED 18.5' x 18" RC ithin Proje Limits .� 12 PROPOSED RETAINING WALLS 7.5 � 20' � P OPOSED DWECLINq.,, • PROPOSED TT VZ11 T 1110 SF % 0.02t OK -.. .• receives • ../ A.' Proposed Culvert Profile Proposed grade qh*-. Property Line J ' Existing grade c i mope wim retaining walls ❑ Wetlands 18.51 Limit of wetland impact 0 ft 20 ft 40 ft 60 ft kA -" j" = 271 Wetland Impact Map 706 S 5th Street Map Source: 2019 NC Statewide Orthoimagery Carolina Beach, New Hanover Co., NC 6/24/22 706 51h Street PCN Attachments 1-16-23 SEGi Attachment 4 Dutch Built Homes 706 51h Street Site Plan & Wetland Impact Map i Eqqqft�i��— Property Line v/ Wetlands i Proposed Wetland Impact Previously Approved & Filled . ® Wetland Impact Oft 20 ft 40 ft 60 ft 1"=27' Map Source: 2019 NC Statewide Orthoimagery R Wetland Boundary and Impact Map 706 South 5th Street Carolina Beach, New Hanover County, NC 1/16/23 T 706 5th Street PCN Attachments 1-16-23 SEGi Attachment 5 Town of Carolina Beach Floodplain Approval From: Gloria Abbotts To: dlutheran(a seai.us Cc: Shaver. Brad E CIV USARMY CESAW (USA) Subject: RE: 706 S 5th Street Date: Tuesday, June 28, 2022 4:37:22 PM Attachments: imaae003.ona Hi Dana, I just spoke with Brad Shaver and got some clarification on what the USACE is looking for. There should be no issue with placing fill in the wetlands at this property as long as the proper fill/grade permits and new construction permits are obtained and are compliant with the town's ordinance and flood requirements. Hope this helps. Thanks, Gloria Abbotts Sr Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 910-458-8380 www.carolinabeach.org ** Online Permitting Portal - For instructions on using Portal, click here** From: Gloria Abbotts Sent: Tuesday, June 28, 2022 9:05 AM To: dlutheran@segi.us Subject: RE: 706 S 5th Street Dana, Thanks for the clarification. Flood vents are required on opposing walls tin per sq ft of enclosed space. The garage doors would not count. If the slab will be above BFE + freeboard flood vents wouldn't be required but we would need to see that elevation. Thanks, Gloria From: dlutheran ansegi.us <dlutheran( segi.us> Sent: Monday, June 27, 2022 9:39 AM To: Gloria Abbotts <gloria.abbotts ancarolinabeach.org> Subject: RE: 706 S 5th Street Be Advised: This email originated from outside of the Town of Carolina Beach, NC Good morning, Gloria. Yes, from a floodplain perspective. I don't see flood vents, but I was thinking the garage opening up on both sides would meet the flow threw requirements. Is that not the case? If it is not, I will have the owner revise the house plans. Do you need the elevation for the slab too? Many thanks, Dana 50utkem E_nvironmental Goup, Inc. 5315 South College Road,juite F Wilmington, NC 2841 2 Phone: 9 1 OA52.27 1 1 Mokile: 91 0.228. 1 8+1 (Preferr,- J) www.segi.us From: Gloria Abbotts <gloria.abbotts ancarolinabeach.org> Sent: Friday, June 24, 2022 4:46 PM To: dlutheran( segi.us Subject: RE: 706 S 5th Street Hi Dana, Are they asking from a flood zone perspective? I can confirm that it meets flood zone requirements if flood vents are shown on the ground floor or the elevations for the slab are provided? Thanks, Gloria Abbotts Sr Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 910-458-8380 www.carolinabeach.org ** Online Permitting Portal - For instructions on using Portal, click here** From: dlutheran @segi.us <dlutheran aPsegi.us> Sent: Thursday, June 23, 2022 1:11 PM To: Gloria Abbotts <gloria.abbotts ancarolinabeach.org> Subject: 706 S 5th Street Be Advised: This email originated from outside of the Town of Carolina Beach, NC Hello, Gloria. Hope all is well with you. I'm not sure you are the person to whom I should be sending this email, but I thought, if you are not, you would likely be able to direct me in the right direction. I am working on behalf of the property owner, Mr. Vince Losito, who has enlisted us to secure a Nationwide Permit (NWP), from the USACE, due to the need to impact wetlands (see attached site plan) That being said, the property is within the 100 year flood zone, and as part of the NWP process, the USACE has requested we seek the Town's approval of the project, from a FEMA perspective, to complete their application and review. Attached you will find the proposed building plans. Heated space will be no less than 2' above base flood elevation. Since part of the ground floor is to be enclosed, garage doors will be on the front and back, to allow for a flow through scenario. All other building techniques and materials will meet the requirements of flood zone development. If you have questions or need anything further, please feel free to call (910.228.1841). Dana `jouthem r_nvironmental Goup, Inc. 53 15 `joutl, College Koad, juite l— Wilmington, NC 2841 2 Phone: 9 1 0.452.2 1 1 Mokile: 9 1 0.228.1 841 www.segi.us This email has been checked for viruses by Avast antivirus software. www.avast.com 706 5t" Street PCN Attachments 1-16-23 SEGi Attachment 6 New Hanover County GIS Flood Map 706 5th Street PCN Attachments 1-16-23 SEGi Attachment 7 Completed Mitigation Responsibility Transfer Form U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Vincent Losito Action ID: SAW-2022-01285 Project Name: 706 5th Street, Carolina Beach County: New Hanover 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether 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 ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the 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: 03030005, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.025 *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: 03030005, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.10 Mitigation Site Debited: Lower Cape Fear Umbrella 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 Wilmington District, 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: LCFUMB, LLC Name of Sponsor's Authorized Representative: ion Vincent 7/5/2022 Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Version 10 June 2020 updated CESAW-RG (File Number, SAW-2022-01285) Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Lower Cape Fear Umbrella Mitigation Bank, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 6/8/2022 was included with the preconstruction notification. This form is not valid unless signed below by the District 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 District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.arm V.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Brad Shaver USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: brad.e.shaver@usace.army.mil Digitally signed by Brad Shaver Brad Shaver Date: 2022.06.30 10:23:07 -04'00' USACE Project Manager Signature 6/30/2022 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.