20181543 Ver 1_USACE Permit_20190805

Strickland, Bev
From: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Sent: Monday, August 05, 2019 2:00 PM
To: Mairs, Robb L; Bodnar, Gregg
Subject: [External] RE: YMCA of the Triangle
Attachments: CL 31 -YMCA of Triangle_LETTERHEAD.PDF
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
G regg,
Attached are the Corps conditions/recommendations for the YMCA of Triangle/Roosevelt Cove subdivision. I'm working
out an issue on my end with the Mitigation responsibility Transfer form, so I didn't include it.
Let me know if you have any questions.
Also, I am out of the office in training, until next Tuesday, as soon as I send this email. I'll have my laptop with me, so I'll
have intermittent access to email.
Thanks!
Liz
-----Original Message -----
From: Mairs, Robb L [mailto:[e-mail]]
Sent: Wednesday, July 31, 2019 10:00 AM
To: Bodnar, Gregg <[e-mail]>
Cc: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hai [e-mail]>
Subject: [Non-DoD Source] RE: YMCA of the Triangle
G regg,
I believe we are good on moving forward. We have assigned this project under DWR#20181543 through our current
GC#4175. Approval letter will follow
Thanks,
;...
Robb Mairs

Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
[e-mail] <mailto:[e-mail]>
Blockedhttps://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-
wetlands-buffer-permits
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <[e-mail]>
Sent: Tuesday, July 30, 2019 1:29 PM
To: Mairs, Robb L <[e-mail]>
Subject: YMCA of the Triangle
Hey Robb,
Know your out but wanted to check in .
Thanks,
G regg

T OF
STA7E5 OF
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 5, 2019
Action ID No. SAW-2008-01497/YMCA of the Triangle Inc.
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Douglas MicMlllian to construct a 23 -lot residential
subdivision on an approximate 20.5 acre tract, in wetlands adjacent to Bogue Sound, at 1824
Salter Path Road, in Indian Beach, Carteret County, North Carolina.
Specifically, the project consists of the placement of fill material into federally
jurisdictional wetlands in order to provide access to the site. The applicant proposes to
construct 5 shared driveways to access the 12 waterfront lots of the overall 23 -lot subdivision.
Total wetland fill impacts are 0.43 acre. Culverts installed at wetland crossings will be 24" in
diameter and buried 25%. The length of each culvert is 36'. Neither dredging, nor a docking
facility is proposed with the applicant's submittal.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:
Dredging is not authorized.
2. 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,

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including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit modification authorization.
3. All work authorized by this permit must be performed in strict compliance with the
attached submitted plans, which are a part of this permit. Authorized plans include Sheets 1
through 3 dated August 22, 2018 and revised/resubmitted June 27, 2019. Any modification to
these plans must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.
4. The following DEED NOTIFICATION shall be recorded in the Carteret County
Registry prior to the conveyance of the properties referred to as Roosevelt Cove Subdivision
on the attached plans to include Sheets 1 through 3 dated August 22, 2018 and
revised/resubmitted on June 27, 2019, prepared by The Cullipher Group, P.A., Engineering
and Surveying services.
"A portion of this lot, as determined by the Wilmington District US Army Corps of
Engineers (USACE) under Action ID# SAW -2008-01497, contains waters of the
U.S., including wetlands, which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Any placement of dredged or fill
material within these waters without Department of Army authorization may
constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). Prior
to any work within the jurisdictional areas, you must contact the U. S. Army Corps
of Engineers, Wilmington District Regulatory Division, Wilmington, North Carolina.
This covenant is to run with the land and shall be binding on all Parties and all
persons claiming under them."
a. The Deed Notification shall be completed using the format provided above. Within
30 days of recording the DEED NOTIFICATION, the Permittee shall provide a
copy of the recorded DEED NOTIFICATION to the Wilmington District Regulatory
Division clearly showing a stamp from the appropriate official indicating the book
and page at which the DEED NOTIFICATION is recorded and the date of
recording.
b. In the event this permit is transferred, proof of delivery of a copy of the recorded
DEED NOTIFICATION(S) to the subsequent Permittee or Permittees shall be
submitted to the Corps together with the notification of permit transfer.
Signature

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Property Owner Name:
Owner Address (City, State, Zip Code):
Telephone:
Email:
STATE of North Carolina
County
County,
me this day of
_, a Notary Public of the State of North Carolina,
hereby certify that owner personally appeared before
and executed by above certification.
Witness my hand notorial seal, this day of, 20_
Notary Public
My commission expires:
5. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
6. Except as specified in the plans attached 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, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
7. 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

H
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.
8. The Permittee shall notify the U.S. Army Corps of Engineers in writing prior to
beginning the work authorized by this permit and again upon completion of the work
authorized by this permit.
9. 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 Resources at [phone], Ext. 526 or [phone] and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act will be
followed.
10. 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.
11. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington
District Engineer who will initiate the required coordination procedures.
12. 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.
13. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. 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).
14. The activity will be conducted in such a manner as to prevent a significant increase

in turbidity outside the area of construction or construction -related discharge.
Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not
designated as trout waters by the North Carolina Division of Environmental
Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes
and reservoirs, and 10 NTU's or less in trout waters, are not considered significant.
15. 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.
16. 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 within 24 hours of the permittee's discovery of
the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Electronic copy furnished:
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Mr. Gregg Bodnar
North Carolina Department of Environmental Quality- Division of Coastal Management

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Ms. Karen Higgins/Mr. Robb Mairs
North Carolina Department of Environmental Quality -Division of Water Resources
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division

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