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.