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HomeMy WebLinkAbout20231562 Ver 1_USACE Permit_20240129SAW-2023-02234 Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-02234 County: Brunswick U.S.G.S. Quad: NC-Lockwoods Folly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Kim and David Anderson Address: 812 Elizabeth Dr. Oak Island, NC 28465 Telephone Number: 910-269-3334 E-mail: kim(a,artskipper.com Size (acres) 0.28 Nearest Town Oak Island Nearest Waterway Atlantic ICWW River Basin Lumber USGS HUC 030402080107 Coordinates Latitude: 33.9136080 Longitude:-78.164010 Location description: 204 West Pelican Oak Island, NC. Brunswick County Parcel ID: 342MA00502. Description of projects area and activity: This verification authorizes the impact to 0.087 acres of wetlands for the construction of a residential lot. Proposed impact area is associated with lot development and retaining wall. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 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 11/14/2023, and the enclosed plans dated 10/12/2023. 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 (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. 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 David Moose at (910) 251-4810or David.e.moose(&usace.army.mil. SAW-2023-02234 Digitally signed by David Moose David Moose Date: 2024.01.2614:39:15-05'00' Corps Regulatory Official: Expiration Date of Verification: 3/14/2026 Copy furnished via e-mail to: SEGI- Dana Lutheran NCDEO- Holley Snider USAGE- Todd Tumell Lower Cane Fear Umbrella Mitigation Bank- Cristian Preziosi Date: 1 /25/2024 SAW-2023-02234 SPECIAL CONDITIONS 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.Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps' David Moose at (910) 251-4810 or David.e.moose@usace.army.mil to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work. I 206 W. PELICAN DRIVE PARCEL# 234MA005 Typical9'x 18' Parking Space wetland ling by segi 0811012023 TYPICAL CHAMBER SEE DETAIL Riw DAVIS CANAL I x S88°0272011w I _ 50.46' h � Im I x II I a5��°e +0 et�aP Davis Canal site c w pelican w. dolphin N VICINITY MAP — (NOT TO SCALE) �o a LEGEND: EIP - EXISTING IRON PIPE R/W - RIGHT OF WAY I CIL - CENTERLINE ST. ISF - IRON STAKE FOUND IRF - IRON ROD SET PARKING SPACES 3 BEDROOM 1 LIVINGAREA IRS NEED 3 SPACES NOTES: REAR - 20' SIDE - 8' ALL DISTANCES SHOWNARE HORIZONTAL GROUND DIS. THAT THIS SURVEY IS OFAN EXISTING PARCEL OR PARCELS OF LAND. PROPERTYADDRESS: 204 W. PELICAN DRIVE OAK ISLAND,N.C. 28465 PARCEL # 234MA00502 202 W PELICAN DRIVE PARCEL# 234MA00503 WETLANDS TOTAL \� 7448 SF 0.17AC PROPOSED WETLAND IMPACTS 0 silt fenc�770 SF 0.087 AC PROPERTYREFERENCE LOTS 2 BLOCK 66X, OAK ISLAND, N.C. PLAT-N- PG. 360 x 8' I Ix SEC. 32 - 78 -FLEXIBLE SETBACKS REDUCE FRONT SETBACK OF 25' BY e : .25% WHICH WILL BE 18.75' SETBACK � coi0c. rjriye. LINE LEGEND are 50. 00, x J GREEN LINE IS LIMITS OF WETLANDS 12' \ 1 R/W \ CONS7RUCT/ONEN7 SEE DE7A/L, SHEE72 RANCE FLOOD STATEMENT.' FIRM.' 370202 PANEL: 2056 CIL WEST PEL/C PREFIX "K" _ AN DR/VE ZONED AE 12 ------- EFFECTIVE DATE:08-28-2018 60'R/W JOSEPH R. BROCHURE PLS & ASSOCIATES JOEY BROCHURE L-1759 102 S E 68TH STREET Oak Island, N.C. 28465 SCALE: 1 " = 30' CELL:910-523-6122 Residential & Commercial Site Plan Lot Surveys & Flood Elev. Certificate GRAPHIC SCALE ]0 0 16 b !0 1]0 (a Fear) 1 huh - 90 & WETLAND IMPACT MAP & SITE FOR DAVID ANDERSON 204 W PELICAN DRIVE OAK ISLAND, N.C. SMITHVILLE TWSP. - BRUNSWICK CO. N.C. DATE: 10112123 SCALE: I " = 30' PRELIMINARY. 'NOT FOR RECORDATION CONVEYANCES OR Action ID Number: SAW-2023-02234 County: Brunswick Permittee: Kim and David Anderson Project Name: 204 West Pelican / Oak Island / Brunswick Date Verification Issued: 1/25/2024 Project Manager: David Moose 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 Moose Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or David.e.moose@usace.army.mil 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 Compensatory Mitigation Responsibility Transfer Form Permittee: Kim and David Anderson Action ID: SAW-2023-02234 Project Name: 204 West Pelican / Oak Island / Brunswick County: Brunswick 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: 03040208, Lumber River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine FRiparian Non-Riverine Non -Riparian Coastal 0.087 *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 0.2 Mitigation Site Debited: Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) (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 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 11/14/2023 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.army. mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: David Moose USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: David.e.moose@usace.army.mil Davidn/IOOse 1 Digitally signed David Moose I �/ � Date: 2024.01.26 4:38:54-05'00' USACE Project Manager Signature 1/25/2024 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.