HomeMy WebLinkAbout20081562 Ver 1_Application_20160711PAI® '
LMG �° �-
LAND MANAGEMENT GROUP INC
Environmental Consultants
July 711, 2016
TO: Mr. Chad Coburn
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Asset Storage; Belville, NC (Brunswick County)
401 WQC Application (GC 3890)
DWQ Project# 08-1562
Dear Chad:
Enclosed is a 401 WQC application for your review. This application is submitted on behalf of Anne
Sorhagen with Asset Storage, LLC for the construction of Phase 2 of a mini -storage facility located off of
Blackwell Road in Belville, NC. The applicant is proposing to construct two mini -storage buildings, an
outdoor storage area, and associated access ways. Because of the extent and location of wetlands within
the site, impacts to 0.31 acre of wetlands are needed. To mitigate for these impacts, the applicant
proposes to buy 0.3 acre of non -riparian wetland credits from the Lower Cape Fear Umbrella Mitigation
Bank. Note that the applicant obtained a NWP 39 in 2009 and in 2011 for the project. However, because
of the economic downturn, Phase 2 was not constructed and no impacts occurred.
Enclosed are the PCN form, site maps, site plan, and previous permits for your review. The DWR
application fee has been submitted to your Raleigh office. Please let me know if you have any questions or
need additional information. Thank you for your assistance with this project.
Sincerely, _
lim Williams(^,
Environmental Scientist
Encl.
cc: Ms.� Anne Sorhagen, Asset Storage
Ms.'Jennifer Burdette, NC DWR
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403
OHO, WAr!99
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ❑Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
-7
1 c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1 h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a
Name of project:
Asset Storage
2b. County.
Brunswick County
2c
Nearest municipality / town:
Belville
2d.
Subdivision name: I
M01
2e
NCDOT only, T.I.P. or state
project no,
N/A UL 1 1 Z�js
3.
Owner Information 0EQ- M1 w. A7ER OFSP
3a.
Name(s) on Recorded Deed:
Asset Storage LLC R pRcE
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable)*
Anne Sorhagen
3d. Street address-
9820 Blackwell Road SE
3e. City, state, zip:
Leland, NC 28451
3f.
Telephone no.
3g.
Fax no..
3h
Email address:
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from ow" ne"r)'
�,4a.- Applicant is:, �' -
Agent E] Other, specify:
J
,�
ame:
4c -:Business name' "
,','(if applicable);
4d. address:- : h
-"Street
4e. City �oqa ,-" zip: „-
4f. Telephone;no , �
4g Fax'no..,
4h. Emaikaddress:,
5. Agent1co'nsuliantIni rmation;(if,applicable)'
. -
_
5a. Name:``
T,,:
5b. Business name:
.'Land"Management Group;,lnc,�
(if applicable): _
,,
5c. Street add're'ss':."',380511
ddhtsville Avenue, Suite
5d. City; state, zip. ' �4,±';�,
v,
-W lmington, NC 28403
5e Telephone `no::'
(910),452-0001 `
5f Fax no. �, ti r „.
(910) 452-0060
,
5g Email address ry
rkwi7IIij9mi@lmgr6up'.neV,"
Page 2 of II
•Y I)�... ��'� _r V__t"` - _.f �; _' � �,�_ �� � 'rte , �-" .o, -.f i � �. -r o-.i,�.. ,-}',.��- �`'-
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0380003002
1 b. Site coordinates (in decimal degrees):
Latitude- 34.223372 Longitude: -78.007879
(DD DDDDDD) (-DD DDDDDD)
1 c. Property size,
6.4 ac
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Jackeys Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C; Sw
2c River basin:
Cape Fear 03030005
3. Project Description
3a. 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 currently supports a mini -storage facility.
3b. List the total estimated acreage of all existing wetlands on the property:
0.5 acre
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct Phase 2 of the existing mini -storage facility by adding two buildings
and access ways in order to meet the storage needs of the residents of Belville.
3e. Describe the overall project in detail, including the type of equipment to be used:
Phase 2 of the project consists of the construction of two additional mini -storage buildings (11,970 sf and 17,050 sf), an
outdoor storage area, and associated access ways. An existing stormwater pond located in the northern part of the site
will also be expanded. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property 1
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ preliminary ® Final
of determination was made?
4c. if yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Paul Farley
Land Management Group, Inc.
4d If yes, list the dates, of the Corps jurisdictional determinations or State determinations and attach documentation.
John Policarpo of the USACE verbally approved the wetland line on 5/24/16 (Action ID# SAW -2008-2987). This was a
renewal of a previously approved line for a larger site
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
In 2009, the applicant obtained a NWP 39 and 401 WQC to impact 0.31 acre of wetlands to construct two storage
buildings. An extension to the NWP was issued in 2011. The economy slowed down and only the first building was
constructed, which did not require wetland impacts. The site plan has been modified slightly from one additional building
to two smaller buildings. Wetland impacts remain the same.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a Is this a phased project? ® Yes ❑ No
6b If yes, explain. The proposed project consists of Phase 2 of the Asset Storage project.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ®P ❑ T
Fill/Grading
Non -Riparian
® Yes
❑ No
® Corps
® DWQ
031
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
031
2h Comments.
3. Stream Impacts N/A
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
31 Comments
Page 5 of 11
PCN Form — Version 1 3 December 10, 2008 Version
4. Open Water Impacts N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction N/A
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no.
5i. Expected pond surface area (acres):
5j Size of pond watershed (acres),
5k. Method of construction:
6. Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form
6a.
❑ Neuse El Tar -Pamlico ❑Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
131 ❑ PEI T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
-
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts were minimized as much as possible through careful site design. The extent of wetlands within the site made
avoiding all wetlands impossible. Impacts are limited to the construction of one of the mini -storage buildings and access ways,
which will impact 0.31 acre of wetlands. During the first NWP application for this project, the site plan showed 0.46 acre of
wetland impacts. However, the project engineer reduced the size of the second building and associated vehicular access
ways This reduced wetland impacts to 0.35 acre. The site plan was revised again to include the construction of retaining
walls, which further reduced wetland impacts to 0.31 acre This was a 33% reduction in impacts
1 b. Specifically descnbe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be used during construction to reduce sediment from eroding into adjacent wetland areas.
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
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
2c. If yes, which mitigation option 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: Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type: Non -riparian
Quantity: 0.3 ac
3c Comments:
4. Complete if Making a Payment to In -lieu Fee Program N/A
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only):
square feet
4e Riparian wetland mitigation requested:
acres
4f Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments.
5. Complete if Using a Permittee Responsible Mitigation Plan N/A
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A
6a. Will the project result in an impact within a -protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b.' If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact -
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 11,
3 (2 for Catawba)
Zone 2
1.5
-
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,'
permittee responsible riparian buffer restoration, payment into,an approved in -lieu fee fund) ;
6h. Comments -
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan N/A
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
77%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project engineer obtained a stormwater permit from DWR in 2012 (SW8 071002).
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Brunswick County
❑ Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
® Coastal counties
❑ HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply)-
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
® Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review N/A
5a Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9of11
PCN Form — Version 1 3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments: N/A
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project will not provide access or utilities to adjacent properties. No additional wetland impacts are expected within
the site.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated by this project ties into the local municipality's system.
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally-listed species. No
federally-protected species are known to occur on or within a one mile radius of the project area.
6. Essential Fish Habitat (Corps Requirement)
6a Will' this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. The project area is not considered EFH or HAPC for any species.
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
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources. No cultural or historical resources were noted within the site
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:
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100-year floodplain.
Kim Williams
f-
7/7/2016
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11
AGENT AUTHORIZATION FORINT
TO WHOM IT MAY CONCERN:
1/we, the undersigned, hereby authorize Land Management Group, Inc. (LMG) to act as our
agent in the determination of jurisdictional wetland boundaries on the subject
property, 9820 Blackwell Road . By way of this form,
I/we additionally authorize access to the site by representatives of the US Army Corps of
Engineers (COE) and the NC Division of Coastal Management (NC DCM) for the purpose of
reviewing the flagged wetland boundary and providing a final jurisdictional determination.
Any questions regarding the jurisdictional determination should be directed to LMG.
Please provide the following information:
Property Address and Parcel ID Number: 0380003002
Current Property Owner Name:
Owner Address and Phone Number:
Asset Storage, LLC
9820 Blackwell Road; Leland, NC
Please answer the following questions (circle Yes or No):
1. Are you the current owner of the property? Yes or No
2. If you are not the current owner, do you have a option to purchase or a contract to
purchase that allows for environmental due -diligence including the determination of
wetlands? Yes or No
3. If you answered no to the questions above, do you have an existing easement?
Yes or No
Name of Individual/Entity:
-5:!:-
Signature
:!:-Signature of Authorized Representative:
Date:
wAw.lingroup.net o Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington. NC 28403
)Lorme, USGS, Intermap, increment P Corp.,
TI, Esri China (Hong Kong), Esri (Thailand),
),OpenStreetMap contributors, and the GIS User
Boundaries are approximate and are not meant to be absolute.
Map Source: ArcGIS World Street Map
Asset Storage LMG
Brunswick County, NC I _
www .lmgroupnet
July 2016 3805 Wrightsville Avenue
LMG # 40-15-107 Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.452.0060
SCALE 1" = 1 mile
Figure 1
Vicinity Map
0
Boundaries are approximate and are not meant to be absolute.
Map Source: USGS Brunswick County GIS Mosaic
I
SCALE 1" = 800'
Asset Storage LMG
1 A'I' NIAN 11,i %11 N
Brunswick County, NC I— �"V , , " , , Figure 2
www.lmgroup.net USGS Topographic Map
July 2016 3805 Wrightsville Avenue
LMG # 40-15-107 Wilmington, NC 28403
1 1 Phone: 910.452.0001 Fax: 910.452.0060
Legend
Lo: Leon fine sand
Mu: Murville mucky fine sand
To: Torhunta mucky fine sandy loam
arm q.,,4 are not meant to be absolute
Map Source: NRCS Soil Survey
JLar Geagraphics, CNESiAir�Ls
rid, iGN, IGP, swisstopo, a,r.
SCALE 1" = 200'
Asset Storage LMG
Brunswick County, NC _ Figure 3
www.lmgroup.net Soils Map
July 2016 3805 Wrightsville Avenue
LMG # 40-15-107 Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.452.0060
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SCALE 1" = 200'
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Brunswick County, NC _ Figure 3
www.lmgroup.net Soils Map
July 2016 3805 Wrightsville Avenue
LMG # 40-15-107 Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.452.0060
v
Im Potential jurisdictional wetlands
Map Source: 2010 GIS World Imagery
SCALE 1" = 200'
Asset Storage LMG
Brunswick County, NC z Figure 5
www.lmgroup.net Upland/Wetland Sketch
July 2016 3805 Wrightsville Avenue
LMG # 40-15-107 Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.452.0060
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Action ID: SAW -2008-2987
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Brunswick USGS Quad: Winnabow
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorized. Agent: Mr. Dan Cameron
c/o Asset Storage, LLC
Address: 3504 St. Francis Drive
Wilmington, NC 28409
Telephone No.: (910)344-2270
Size and location of property (water body, road nametnumber, town, etc.): The 5.4� 9 acre parcel is located along the
north side of Blackwell Road (SR 1551). south of US Highway 17/74/16 Interchange, in wetlands adiacent to
unnamed tributaries to Jackev's Creek. in Leland, Brunswick County, North Carolina. Parcel # 0380003002.
Description of projects area and activity: The proposal includes the placement of fill material into Section 404
wetlands to construct the road and second storaize building for Asset Storage, LLC . There is one authorized
impact area as depicted on the attached plans This impact area is authorized for 031 acres of wetland fill for the
construction of the roadway around the building and the buildin ad. -No temporary impacts are authorized.
Applicable Law: N Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number.
Nationwide Permit Number. 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Quality (telephone (919) 733-1786) 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) 395-3900.
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 regar ' thus vert ation, any th 3269 nd of the Permit, or the Corps of Engineers regulatory
!ret !lease contact Ms.) imb Garve . orY_ ecia ,0t 910 2514482 or kimberl .l. arve usace.army.mil.
Corps Regulatory
Expiration Date of V
The Fribnington District is committed to providing the highest level bf suppdrt to the public. To help us ensure we continue to do so, please complete
the Customer Satisfaction Survey located at our website at hnp: //reeula;Z-v.itsacesurvev.corn/ to complete the survey online.
Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 waters of the US and/or wetlands within the above described project area 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.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 8/21/2007. Action ID 22006-32731.
Basis of Jurisdictional Determination: %his si e�bits w4tland-Enteri n escn'bed in the 1987 Corns of Engineers Wetland
Corps Regulatory
Date: March 26.2009
SURVEY PLATS, FIELD SKITCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Chad Coburn, DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
Kim Williams, LMG, Inc., PO Box 2522, Wilmington, NC 28402
SAW -2008-2987
SPECIAL CONDITIONS:
1. In order to compensate for impacts to 0.31 acres of non -riparian wetlands the permittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined
by the NC EEP, sufficient to perform the restoration of 0.62 acres of non -riparian wetlands in the Cape
Fear River Basin, Cataloging Unit 03030005.
Construction within jurisdictional areas on the property shall begin only after the permittee has
made full payment to the NC EEP and provided a copy of the payment documentation to the
Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilmington District, dated November 4, 1998
2. The Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds the
Declaration of�Restrictions (attached) for the purpose of maintaining the remaining wetlands on Parcel
number 0380003002 (approximately 0.3 acres of wetlands) in their natural and/or mitigated state in
perpetuity, prior construction within jurisdictional areas on the property. At the time of recordation
of the Covenants, the Permittee must also record with the Brunswick County Register of Deeds, a final
survey map of the development, sealed by the licensed surveyor, which clearly depicts the surveyed
areas of Conservation and lot/infrastructure layout.
These provisions relating to wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District. *This includes changes as a result
of any local government drainage easement requirements*.
The permittee shall enforce the terms of the Covenants and, prior to conveyance of the property, shall
take no action on the property described in the Covenants inconsistent with the terms thereof. The
permittee shall provide a copy of the recorded Covenants and recorded Survey to the Corps of Engineers
within 15 days of recording.
3. The construction/presence of this fill (to which this Nationwide Permit (NWP) verification letter
pertains) will not affect our review of any future proposed impacts. The presence of the roads and
commercial buildings will not be an adequate justification for future impacts (e.g., additional
roads/buildings must be built in jurisdictional waters of the U.S. because the location of this
road/building necessitates the location of the other roads/structures). We will examine any future
proposal to impact jurisdiction waters of the U.S. to ensure that you have avoided, minimized, and/or
mitigated for unavoidable impacts.
4.
A verification of the use of Nationwide Permit 39 for the currently proposed impacts does not imply that
this office will necessarily approve any future proposal(s) to impact waters of the United States on this
parcel or parcel 0380003001 also owned by Mr. Dan Cameron through the Noremac Enterprises, LLC.
Corps Regulatory
Action ID Number: SAW -2008-2987. County: Brunswick
Permittee: Mr. Dan Cameron do Asset Storage, LLC
Date Verification issued: March 26, 2009
Project Manager: Kimberly Garvey
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
WII.NDNGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
.69 DARLINGTON AVE
WILMINGTON, NORTH CAROLINA. 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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
February 15, 2011
Regulatory Division
Action ID No. SAW 2008-002987
Asset Storage, LLC
Mr. Dan Cameron
3504 St. Francis Drive
Wilmington, North Carolina 28409
Dear Mr. Cameron:
Please reference the Department of the Army (DA) Nationwide 39 permit issued to you on
March 26, 2009 for the Asset Storage, LLC project and your letter dated February 2, 2011
regarding time extension of the permit.
The referenced permit authorized 0.31 acres of wetland fill for road crossing impacts
pursuant to Section 404 of the Clean Water Act. There are no temporary impacts authorized by
this permit. The project site is located along the north side of Blackwell Road (SR 1551), south
of US Highway 17/74/76 interchange, in wetlands adjacent to unnamed tributaries to Jackey's
Creek, in Leland, North Carolina. The expiration date for this permit is March 26, 2011. Based
on the referenced letter, the anticipated completion date of this project is approximately one year.
We have reviewed your request and have determined that the proposed new expiration date
is consistent with applicable regulations and would not be contrary to the public interest.
Therefore, your permit is hereby modified to extend the expiration date to March 18, 2012.
All other conditions of your Department of the Army permit shall remain in full force and
effect.
Should you have any questions, please contact Ms. Emily Hughes, Regulatory Division, at
telephone (910) 251-4635.
Sincerely, FILENAME: SAW 2008-02987 Asset
Storage Ext
CESAW-RG/HUGHES/ldh/s qfA
MAIL a-1 ln/ l t�
CESAW-RG/FILE
Emily B. Hughes, Regulatory Specialist
Wilmington Regulatory Field Office
NCDET�R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 15, 2009
Brunswick County
DWQ Project M 08-1562
Mr. Dan Cameron
Asset Storage, LLC
3504 St. Francis Drive
Wilmington NC 28409
Subject Property: Asset Storage
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Cameron:
You have our approval, in accordance with the attached conditions to permanently impact 0.31
acres of 404 wetlands in order to provide an access road and to build a second storage building as
described in your application received by DWQ on February 20, 2009. After reviewing your
application, we have decided these impacts are below the threshold for written authorization as
long as all conditions of General Water Quality Certification Number 3705 (GC3705) are met.
This certification may also be viewed on our website at http://h2o.enr.state.nc.us/newetlands.
This Certification allows you to use the Nationwide 39 Permit when issued by the US Army
Corps of Engineers.
This approval is only valid for the purpose and design that is described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
1) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality. ,
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
10aq.
"V Wl.iu 1"Q
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-6771623-67• a(r(p(1���
Wilmington Regional Office Witunington, NC 28405-3845 FAX (910) 350-2004 Internet h2o enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycied110% Post Consumer Paper
F. S
Asset storage
Brunswick County
2008-1562
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a.
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan at (919) 733-1786 or
myself at our Wilmington Regional Office at (910) 796-7215.
Sincerely,
Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3705
Certification of Completion
cc: Ian McMillan — DWQ 401 Oversight Unit
Kim Garvey— Corps of Engineers Wilmington
Kim Williams — Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
WiRO