property owner: dr. ronald d. & sonita s....

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U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT

Action Id. SAW-2016-00818 County: New Hanover U.S.G.S. Quad: Wilmington

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner: Dr. Ronald D. & Sonita S. Gaitros 223 Beach Road Wilmington, North Carolina 28411 Agent: Trace Adams Adams Southeastern Construction, LLC 1213 Culbreth Drive, Suite 236 Wilmington, North Carolina 28405 Size (acres) 1.28-acres Nearest Town Wilmington Nearest Waterway UNT to Greenfield Lake River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.19916 N Longitude: -77.92886 W

Location description: The property is located on the east side of Physicians Drive (Parcel No. R06015-001-007-00), approximately 0.18-miles from the northern intersection of Canterwood Road, in Wilmington, New Hanover County, North Carolina. The property is an undeveloped, forested parcel that borders Physicians Drive to the west, medical office buildings to the north and south, and a stormwater ditch to the east. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands, on the above described property, as depicted on the attached

exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional determination may be used in the permit evaluation process, including determining compensatory mitigation. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.

B. Approved Determination _ There are Navigable Waters of the United States within the above described property 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 U.S. including wetlands on 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.

We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated.

Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this

wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.

The waters of the U.S. including wetlands on your project area have been delineated and the delineation has

been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.

_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted

on the figure identified below. 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.

X There are no waters of the U.S., to include wetlands, present on the above described property which are subject

to the permit requirements of Section 404 of the Clean Water Act (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.

X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area

Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 to determine their requirements.

Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact John N. Policarpo at 910-251-4487 or [email protected]. C. Basis for Determination: This site does not exhibit wetland criteria as described in the 1987 Corps

Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. This determination is based on a site visit conducted by John Policarpo of the Corps on April 20, 2016. The enclosed survey entitled, “Topographic and Tree Survey of Wilmington Medical Park, Lot 14, City of Wilmington, New Hanover County, North Carolina”, dated October 24, 2007, as revised through July 23, 2015, accurately depicts existing site conditions.

D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address:

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: John N. Policarpo (910) 251-4487 [email protected]

If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137

RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. ________________________________________ Signature of appellant or agent.

Date: Telephone number:

For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, John N. Policarpo, 69 Darlington Ave., Wilmington, NC 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137

Public Services Engineering 212 Operations Center Drive Wilmington, NC 28412 910 341-7807 910 341-5881 fax wilmingtonnc.gov Dial 711 TTY/Voice

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COMPREHENSIVE STORMWATER MANAGEMENT PERMIT

HIGH DENSITY DEVELOPMENT

SERVED BY AN OFF-SITE STORMWATER SYSTEM SECTION 1 – APPROVAL Having reviewed the application and all supporting materials, the City of Wilmington has determined that the application is complete and the proposed development meets the requirements of the City of Wilmington’s Comprehensive Stormwater Ordinance. PERMIT HOLDER: Carolinas Oral & Facial Surgery Center, Inc. PROJECT: Carolinas Oral & Facial Surgery Center ADDRESS: 1305 Physicians Drive PERMIT #: 2016037 Therefore, the above referenced site is hereby approved and subject to all conditions set forth in Section 2 of this approval and all applicable provisions of the City of Wilmington Comprehensive Stormwater Management Ordinance. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: Section 2 - CONDITIONS 1. The runoff associated with this project has been approved to be discharged into the

Upper Pond of the Silverstream Regional Water Quality Facility operated and maintained by the City of Wilmington under the terms and conditions set forth in the latest version of the State Stormwater Permit SW8 921002.

2. This approval is valid only for the stormwater management system as proposed on the approved stormwater management plans dated Date Approved.

3. This permit is issued concurrently with NCDEQ State Stormwater Offsite Permit No.SW8 160614. This project is subject to the requirements, terms and conditions of both permits. A revision or modification to one permit will not be reflected in the other without separate application.

4. The project will be limited to the amount and type of built-upon area indicated in

Section IV of the Stormwater Management Application Form submitted as part of the approved stormwater permit application package, and per the approved plans.

5. This permit shall become void unless the facilities are constructed in accordance

with the approved stormwater management plans, specifications and supporting documentation, including information provided in the application and supplements.

6. The runoff from all built-upon area within any permitted drainage area must be

directed into the permitted stormwater control system for that drainage area.

7. The permittee shall submit a revised stormwater management application packet to


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the City of Wilmington and shall have received approval prior to construction, for any modification to the approved plans, including, but not limited to, those listed below:

a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc.

b. Redesign or addition to the approved amount of built-upon area or to the drainage area.

c. Further subdivision, acquisition, lease or sale of any part of the project area. d. Filling in, altering, or piping of any vegetative conveyance shown on the

approved plan. e. Construction of any permitted future areas shown on the approved plans.

8. A copy of the approved plans and specifications shall be maintained on file by the Permittee.

9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately.

10. All areas must be maintained in a permanently stabilized condition. If vegetated,

permanent seeding requirements must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual unless an alternative is specified and approved by the City of Wilmington.

11. (DELETE IF NO EASEMENT REQUIRED FOR OFFSITE COLLECTION SYSTEM)

All stormwater collection systems as well as access to nearest right-of-way must be located in recorded easements.

12. (RECORDED O&M ONLY REQUIRED IF PP OR BMP IS PROPOSED, ENTIRE SECTION MAY BE DELETED IF NO EASEMENTS ARE REQUIRED) All applicable operation & maintenance agreements and easements pertaining to each stormwater treatment system shall be referenced on the final plat and recorded with the Register of Deeds upon final plat approval. If no plat is recorded for the site the operation and maintenance agreements and easements shall be recorded with the Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching standards.

13. (DELETE IF NO PERVIOUS PAVEMENT IS PROPOSED) Each component of the

stormwater management system should be inspected once a quarter and within 24 hours after every storm event greater than 1.5 inches.

14. (DELETE IF NO PERVIOUS PAVEMENT IS PROPOSED) The permittee shall at all times provide the operation and maintenance necessary to assure the pervious pavement system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Scheduled inspections b. Sediment removal/vacuum sweep surface c. Immediate repair of eroded areas adjacent to pervious pavement

15. The permittee is responsible for keeping the stormwater collection system within the

lot property boundaries clear of trash, debris and sediment, and must control the sediment on the lot in accordance with the requirements of the NC Erosion and Sediment Control Design Manual. The following maintenance for the lot and its


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stormwater collection system shall be performed as indicated: a. Semiannual scheduled inspections (every 6 months). b. Sediment and trash removal as necessary. c. Vegetate the stormwater conveyance swales and the non-paved areas of the

lot. d. Immediate repair and stabilization of any eroded areas on the lot. e. Maintenance of all slopes in accordance with approved plans and

specifications. f. Repair or replacement of swales, catch basins and piping as necessary to

capture the lot’s runoff and maintain adequate drainage to the permitted BMP.

16. Records of inspection, maintenance and repair for the permitted stormwater system

must be kept by the permittee for at least 5 years from the date of record and made available upon request to authorized personnel of the City of Wilmington. The records will indicate the date, activity, name of person performing the work and what actions were taken.

17. Upon completion of construction, before a Certificate of Occupancy shall be

granted, and prior to operation of this permitted facility, the applicant shall submit to the City of Wilmington as-built plans for all stormwater management facilities. The plans shall show the final design specifications and the field location, type, depth, and invert of all measures, controls and devices, as-installed. A certification shall be submitted, along with all supporting documentation that specifies, under seal that the as-built stormwater measures, controls and devices are in compliance with the approved stormwater management plans. A final inspection by City of Wilmington personnel will be required prior to issuance of a certificate of occupancy or operation of the permitted facility.

18. This permit is not transferable except after application and approval by the City of

Wilmington. In the event of a change of ownership, name change or change of address the permittee must submit a completed Name/Ownership Change form to the City of Wilmington at least 30 days prior to the change. It shall be signed by all applicable parties, and be accompanied by all required supporting documentation. Submittal of a complete application shall not be construed as an approved application. The application will be reviewed on its own merits by the City of Wilmington and may or may not be approved. The project must be in compliance with the terms of this permit in order for the transfer request to be considered. The permittee is responsible for compliance with all permit conditions until such time as the City of Wilmington approves the transfer request. Neither the sale of the project nor the conveyance of common area to a third party should be considered as an approved transfer of the permit.

19. Failure to abide by the conditions and limitations contained in this permit may

subject the Permittee to enforcement action by the City of Wilmington, in accordance with Sections 18-52 and 18-53 and any other applicable section of the Land Development Code.

20. The City of Wilmington may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the City of Wilmington for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the City of Wilmington that the changes have been made.


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21. The issuance of this permit does not preclude the Permittee from complying with

any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction.

22. In the event that the facilities fail to perform satisfactorily, including the creation of

nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the City of Wilmington, such as the construction of additional or replacement stormwater management systems.

23. The permittee grants City of Wilmington Staff permission to enter the property

during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility.

24. The permit issued shall continue in force and effect until revoked or terminated by

the City of Wilmington. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition.

25. The approved stormwater management plans and all documentation submitted as

part of the approved stormwater management permit application package for this project are incorporated by reference and are enforceable parts of the permit.

26. The permittee shall submit a renewal request with all required forms and

documentation at least 180 days prior to the expiration date of this permit. 27. If any one or more of the conditions of this permit is found to be unenforceable or

otherwise invalidated, all remaining conditions shall remain in full effect. Stormwater Management Permit issued this the 5th day of October, 2016.

____________________________________________ for Sterling Cheatham, City Manager City of Wilmington

property owner: dr. ronald d. & sonita s....

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