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HomeMy WebLinkAbout20150406 Ver 2_Corps of Engineer Correspondence_20151109Regulatory Division SAW-2015-01004 Envision Future, LLC. Attn: Mr. William McKinney 15030 Walking Stick Way Haymarket, Virginia 20169 Dear Mr. McKinney DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889-1000 November 4, 2015 NOV 0 9 2015 Enclosed is a Department of the Army permit to impact 0.19 acres of jurisdictional Palustrine Forested wetlands associated with the construction of a residence at 984 Whalehead Drive in the town of Corolla, Currituck County, North Carolina. The Corps is issuing this permit in response to your written request of May 14, 2015, and the ensuing administrative record. Any deviation in the authorized work will likely require modification of this permit. If a change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant conditions require that: a. You must complete construction before December 31, 2020. b. You must notify this office in advance as to when you intend to commence and complete work. I c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. You should address all questions regarding this authorization to Mr. Chester Bigelow at (910) 251-4595 or chester.c.bigelow@usace.army.mil. Sincerely, - RQW� Kevin P. anders, Sr. Colonel, U.S. Army District Commander Copy furnished with enclosures: Chief, Source Data Unit NOAAJNational Ocean Service 1315 East-West Hwy, Room 7316 Silver Spring, Maryland 20910-3282 Copies furnished with special conditions and plans: Mr. Todd Bowers Permit Review Specialist Wetlands Regulatory Section Branch USEPA — Region 4 Sam Nurm Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-8960 Mr. Pete Benjamin U.S. Fish and Wildlife Service Coordinator Fish and Wildlife Enhancement Post Office Box 33726 Morehead City, North Carolina 28557 Ms. Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division-Atlantic 101 Pivers Island Road Beaufort, North Carolina 28516-9722 Ms. Karen Higgins, Supervisor 401 & Buffer Permitting Unit NC Department of Environmental Quality 1627 Mail Service Center Raleigh, North Carolina 27699-1617 Wilmington District SPECIAL CONDITIONS ACTION ID: SAW-2015-01004 Envision Future, LLC. Work Limits a) All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the U.S. Army Corps of Engineers (USACE) prior to implementation. b) The Permittee shall schedule an. onsite preconstruction meeting between its representatives, the contractor's representatives, and the appropriate Corps of Engineers Project Manager prior to undertaking work to ensure that there is a. mutual understanding of all terms and conditions contained within this Department of the Army permit. The Permittee shall notify the Corps of Engineers Project Manager at telephone (910) 251-4595 a minimum of thirty (30) days in advance of the scheduled meeting to provide sufficient time to schedule and participate in the required meeting. i Activities Not Authorized c) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. Related Laws d) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the Permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Project Maintenance e) The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. f) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall. be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. g) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project U.S. ARMY CORPS OF ENGINEERS Wilmington District Sediment and Erosion Control h) h. The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" to assure compliance with the appropriate turbidity water quality standard. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standards. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). i) Adequate sedimentation and erosion control measures must be implemented prior to any ground disturbing activities to minimize impacts to adjacent wetlands. These measures must be inspected and maintained regularly, especially following rainfall events. All fill material must be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. j) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre- project condition. Enforcement k) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers, Attention: Chet Bigelow, Washington Regulatory Field Office, 2407 West 5"' Street, Washington, North Carolina 27889, within 24 hours of the permittee's discovery of the violation. Mitigation 1) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in 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. f lilt qi,f fill fill f WIN( �1,1 till V, r 11�q Wilmington District 1 m 10 -1 ..... . .... ... M > C-, 0 0 IJ 0 0 HICHAI!L W. ROBINSON, F.E.. P.L.S. D McKinney and Carne L Ma I MOiNMNO AND $MVINO —M COMI SITE PLAN LOT 41, SECTION 7, IYMLEHEAD CLUB