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Home My WebLink About20240426 Ver 1_USACE Permit_20240719DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON FIELD OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 July 19, 2024 Regulatory Division SAW-2023-00507 Sent Via email: craig@whittentonbuilders.com Craig Byrd JATWHIT LLC 311 Coleridge Dr Dunn, NC 28334 Dear Mr. Byrd: This letter is in response to the Pre -Construction Notification (PCN) you submitted to the Wilmington District, Wilmington Field Office on April 15, 2024, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2023-00507 and is known as Lot B Cape Lane. This file number should be referenced in all correspondence concerning this project. A review of the information provided indicates that the proposed work would include the discharge fill material in 0.012 acre of wetlands for the installation of a culverted driveway to access high ground where construction of a single-family home is planned. The project area for this determination includes a 0.26 acre area which is illustrated on the enclosed site plans/maps. The project/review area is located on the west side of Cape Lane, adjacent to Alligator Bay, at Latitude 34.499730 and Longitude-77.411800-7 in North Topsail Beach, Onslow County, North Carolina. We have determined that the proposed work is authorized by Nationwide Permit 18- Minor Discharges pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.0 § 1344). The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the special conditions listed in this letter, the application materials, and the enclosed plans. If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised PCN must be submitted to this office for written approval before work is initiated. Any violation of permit conditions or deviation from your submitted plans may subject the permittee to enforcement action. This verification is valid until March 14, 2026, unless prior to this date the subject NWP(s) is suspended, revoked, or is modified such that the activity no longer complies with the terms and conditions of this NWP. If you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. Project Specific 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' (Katharine Elks, Katharine. b.elks(cbusace.army.mil, 910-251-4567) 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. This NWP verification does not preclude the necessity to obtain any other Federal, State, or local permits, licenses, and/or certifications, which may be required. If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Katharine Elks, Regulatory Specialist of the Wilmington Field Office at 910-251-4567, by mail at the above address, or by email at Katharine.B.Elks@usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Sincerely, Katharine Digitally signed by Katharine Elks Elks Date: 2024.07.19 14:04:18 -04'00' Katharine Elks Regulatory Specialist, Wilmington Field Office Enclosures: Preliminary Plot Plan for JATWHIT, LLC, Sheets 1 & 2, dated May 20, 2024 SAW-2023-0507 Mitigation Transfer Form Cc (w/enclosures): Gene Young, Applied Resource Management (via gene@armnc.com) Michael Meilinger, NC DWR (via Michael.Meilinger@deq.nc.gov) USACE Mitigation (via SAWMIT@usace.army.mil) I. CHARLES ERANdS M99S. PROFESSIONAL LAND NOTE SURVEYOR, DO HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY AS SHOWN HEREON IN D.B. 5237, P. 690 STATES LOT B IS SUBJECT TO ACCORDANCE VATH THE STANDARDS OF PRACTICE DECLARATION OF COVENANTS, CONDITIONS AND FOR LAND SURVEYING IN NORTH CAROLNA. THAT RESTRICTIONS FOR CAPE ISLAND IN BOOK 1467, PAGE 307. THE RATIO OF PRECISION AS CALCULATED BY LATITUDES AND DEPARTURES IS: 1:10.000+ THEREFORE LOT B IS LIMITED TO 5,124 Sq.Ft. OF IMPERVIOUS SURFACE. ppEL IMINAf?y i'L-AT PROPOSED IMPERVIOUS INCLUDING RIGHT-OF-WAY CONCRETE DRIVE: 3,480 Sq.Ft. .. n2Arl . CON Vr-YANCr-S Ok' SALFS IS LOCATED IN FLOOD ZONE VMICH IS A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE NATIONAL FLOOD INSURANCE PROGRAM. COMMUNITY PANEL NUMBER T HISRTY IS LOCATED N1TIiIN THE COASTAL BARRIER RESOURCE SYSTEM IVE 10/01/1983. THIS AREA IS NOT COVERED BY FEDERAL FLOOD FOR BUILDINGS CONSTRUCTED, PERMITTED, SUBSTANTIALLY R DAMAGED AFTER 10/01/1983. WETLANDS LINE TABLE UNE p LENGTH DIRECTION L1 13.07' S6357'42"E L2 16.24' S4729'19"W L3 30.61' N2534'43"W L4 23.30' N0322'30"W L5 37.14' N44'15'39"E L6 66.50' S0032'49"E L7 14.42' S81'45'18"W LB 22.20' N58'00'10"W L9 12.44' N17'12'28"W L10 16.54' N17'12'28"W L11 19.30' N0555'4SW CURVE TABLE CURVE p LENGTH RADIUS CHORD BEARING Cl 20.10, 85.00' 20.05' S7027.38"E C2 10.35' 85.00' 10.35' S80'43'24"E PROPOSED DWEWNG WITHOUT EAVES = 1897 Sq.Ft. PROPOSED IMPERVIOUS CONCRETE DRIVE 1466 Sq.Ft. PROPOSED TOTAL IMPERVIOUS SURFACE = 3363 Sq.Ft. TOTAL LOT AREA = 11284 Sa Ft. PROPOSED IMPERVIOUS AREA = 29.8% NOW OR FORMERLY JATWHIT, LLC. D.B. 5451, P. 539 LOT A LOTS AT ENTRANCE TO CAPE ISLAND M.B. 56, P. 55 N26"44'17" F9,0`L R/W oI po 9 J�✓1�CUPLANDS _O i C7 �:l \ NOTE PROPOSED DWELLING IS TWO-STORY ON PILINGS OVER CONCRETE SLAB, FULLY ENCLOSED BELOW. PEAK OF PROPOSED DWELLING IS 39.0' ABOVE SLAB ELEVATION. 404 WETLANDS SHOWN APPROVED BY US ARMY CORPS OF ENGINEERS SAW-2023-00507 NORTH TOPSAIL BEACH UNIFIED DEVELOPMENT ORDINANCE ALLOWS 30% MAXIMUM LOT COVERAGE. PROPOSED 29.8% LOT B 11,284 Sq.Ft. 0.259 ACRES II 44.52' 0� 0/ r yw \\ Ls ROPOSED \ O. 18" RCP '43"E 90.00' 0 r t�` \ 13 N62'49 P . aoa "K \ O 1. 5' SETBACK UPLANDS ��5 J ap�� .p�� 'WETLANDS b=.L7 y _ y�•O t� �Z PRY�jEV Jam" �y NOW OR FORMERLY U1 ,.> o• �� 404 1\� 'w �; �. VUETLANDSr a f"1 iv03 VILLA CAPRIANI UNIT 0°7 0, p� 60 OWNERS �� SOP o3 , N CT F E L D.B. 1364, P. 711 VILA CAPRIANI BOUNDARY SURVEY , UIm 03 p .F & • a • NOW OR ORM R Y w0 2 1' • 33.1•• t o �✓ I CAPE ISLAND O HOMEOWNERS N I� x `AO h •+SIN COMMITTEE, INC. UPLANDS • • M.B. 31, P. 99 0 5p lu. • T M D.B. 2166, P. 893 ' I L SETBACK ; %r �/ ' — — — —5' —I• S70'54'40"W 105.00' NOW OR FORMERLY I I VILLA CAPRIANI UNIT OWNERS D.B. 1364. P. 711 / VILA CAPRIANI BOUNDARY SURVEY R/W — — —— — — — — — — — — M.B. 31, P_99— — — — — I N.C.S.R. 1568 (NEW RIVER INLET ROAD) 60' R/W (ASPHALT - PUBLIC) - CHARLES F. RIGGS & ASSOCIATES, INC. (C-730) LAND SURVEYING - CONVENTIONAL & GLOBAL POSITIONING SYSTEMS, LAND PLANNING & COMPUTER MAPPING 502 NEW BRIDGE STREET LANDFALL EXECUTIVE SUITE 217 P.O. BOX 1570 1213 CULBRETH DRIVE JACKSONVILLE, NC 28540-1570 WILMINGTON, NC 28405 TELEPHONE: (910) 455-0877 TELEPHONE: (910) 681-7444 E-MAIL: riggsland@riggslandnc.com PRELIMINARY PLOT PLAN FOR JATWHIT, LLC LOT B, LOTS AT ENTRANCE TO CAPE ISLAND, M.B. 56, P. 55 STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA JATWHIT, LLC, OWNER; D.B. 5451, P. 545 CAPE LANE VICINITY SKETCH I NOT TO SCALE DETAIL NOT TO SCALE I ZONED R-5 I crsuQ CC = CONTROL CORNER ZONING SETBACKS ECM - EMSTNG CONCRETE MONUMENT WMNDXOC) FRONT 20' EIP EXISTING IRON PIPE (FOUND) REAR = 15' OWNERS EIR = EXISTING IRON ROD (FOUND) SIDE = 5 JATWHIT, LLC EMN = EXISTING MAGNETIC NAL (FOUND)(CC) EPK DWNG PARKER-KAIOII NAIL (FOUND)(CC) T17r SOURCE REFERENCES ERRS = EXISTING RAILROAD SPIKE (FOUND) D.B. 5451. P. 545 D.B. 1364. P. 711 MBL MINIMUM BUILDING UNE D.B. 1467. P. 307 NMP NON MONUMENTED POINT lA7S-IQ. D.B. 2166, P. 893 R/W RIGHT OF WAY 775-1.9 D.B. 5237, P. 690 SCM SET CONCRETE MONUMENT (CC) D.B. 5451. P. 539 SIP - SET IRON PIPE PARCEL ID D.B. 5451, P. 545 SIR SET IRON ROD D63928 M.B. 31, P. 99 SIAN = SET MAGNETIC NAIL (CC) M.B. 35, P. 17 SPK SET PARKER-KALON NAIL (CC) M.B. 56. P. 55 IE - CENTERUNE GRAPHIC SCALE _ 3D 30 ( IN FEET ) 1 inch = 30 ft. ACTUAL FIELD SURVEY DATE: N/A MAPPING DATE: MAY 20, 2024 FIELD BOOK: N/A PAGE: N/A PROJECT NUMBER: 24-01-04 JTG SHEET / OF 2 k j .. _± \% y � ! \� § Q En l;w. }( § ( \ # (§§ ( m � LLI ® � / / an ) _8d \ }. \ \ } ( w : 1 ; e � g 7 � ( \ f ( ; a ��LO I\K§! /_ lE23 § k o §%/\ woo 3 w % & Q;l: � b`!e / '4"4 m§ Q /q� §\ - p - o� y«/ \( \\\ \ - \(/ � �®§Lo)§ \(\ +\2 Q q)(�`� 2 j �Ox m `\M. 2 / �10 U Compliance Certification Form File Number: SAW-2023-00507 County: Onslow Permittee: JATWHIT LLC, Craig Byrd Project Name: Lot B Cape Lane Date Verification Issued: 7/19/2024 Project Manager: Katharine Elks 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: Katharine Elks Wilmington Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 or Katharine.B.Elks@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, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions. Date Authorized Work Started: Completed: Describe any deviations from permit (attach drawing(s) depicting the deviations): *Note: The description of any deviations on this form does not constitute approval by the Corps. Signature of Permittee Date US Army Corps of Engineers — Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Craig Byrd Action ID: SAW-2023-00507 Project Name: Lot B Cape Lane County: Onslow 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: 03020302 Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.012 *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: 03020302 Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.048 Mitigation Site Debited: Bachelors Delight Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For 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 USACE Wilmington District — MRTF Page 2 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 maybe 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: 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: Katharine Elks USACE Field Office: Wilmington Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington Email: Katharine.B.Elks@usace.army.mil Digitally signed by Katharine Elks Katharine E I ks Date: 2024.07.1914:05:08-04'00' July 19, 2024 Wilmington District Project Manager Signature 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.mil.