20101032 Ver 1_401 Application_20101210

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
or
TO: Mr. Dave Bailey
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
December 10, 2010
20 10 103 2
s?0W?
DEC 6 '/J10
MW •WATER QUA M
V E1LANDSAND STORMWATER BRANCH
RE: NWP 39 Application Package: The Pork Company-S&J Villari Livestock
Duplin County, NC
SAW-2010-00917 Q L T E -'73"0Y
Mr. Bailey P Y
Enclosed is a NWP application for your review. This application is submitted on behalf
Mr. Sam Villari. The project consists of the expansion of the existing livestock processing
facility on the 35 acre tract in Duplin County, NC. The applicant proposes to impact a total of
0.07 acres of wetlands at the rear of the facility. The impacts are necessary for the expansion of
the facility which must occur at this specific part of the property to ensure that the processing can
occur in a sequential order.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. A copy of the previously signed wetland survey and tearsheet are included for your
convenience. Thank you for your assistance with this project.
A?hley Futrak
EnvironmentarSci entist
Encl.
C: it
Mr. Chad Coburn, DWQ
Mr. Gus Simmons, Cavanaugh & Associates
Mr. Sam Villari, The Pork Company/S&J Villari Livestock
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
2 0 1 0 1 0 3 2
OFD fi4
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information r.?
1. Processing
1a. 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:
1c. 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
1e. 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: The Pork Company-S&J Villari Livestock
2b. County: Duplin County, NC
2c. Nearest municipality / town: Warsaw
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A p]
lJ
3. Owner Information D
3a. Name(s) on Recorded Deed: S&J Villari Livestock dJ0
3b. Deed Book and Page No. 1225/461
3c. Responsible Party (for LLC if
applicable): Salvatori Villari NCH
3d. Street address: 892 Penny Branch Road
3e. City, state, zip: Warsaw. NC 28398
3f. Telephone no.: 910-392-4462-additional contact, Gus Simmons
3g. Fax no.: 910-392-4612-additional contact, Gus Simmons
3h. Email address: gus.simmons(o)cavanaughsolutions.com -additional contact, Gus Simmons
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner) N/A
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Ashley Futral
5b. Business name
(if applicable):
Land Management Group, Inc.
5c. Street address: 3805 Wrightsville Avenue, Suite 15
5d. City, state, zip: Wilmington, NC 28403
5e. Telephone no.: 910-452-0001
5f. Fax no.: 910-452-0060
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 246515732976
Site coordinates (in decimal degrees):
1 b Latitude: 35.007138 Longitude: - 78.122421
. (DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 35 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Turkey Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C;Sw
2c. River basin: Cape Fear 03030006
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 is currently developed and is being used as a livestock processing facility. The surrounding properties are used
for agricultural purposes. Some residential dwellings exist to the south of the subject tract across Penny Branch Road.
3b. List the total estimated acreage of all existing wetlands on the property:
-0.1 acres (lying within the wetland boundary is -110' of RPW)
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 project is to expand the existing livestock processing facility.
3e. Describe the overall project in detail, including the type of equipment to be used:
The wetland existing at the rear of the property will be filled and graded using small grading equipment including a small
bulldozer and a small excavator. A culvert will be installed to maintain flow of the RPW. Silt fencing will be placed along
(1 foot inward from) all impact areas to protect and wetland and RPW areas.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
®Yes ? No ? Unknown
Comments: Please reference Action ID: SAW-2010-00917.
A copy of the signed JD and wetland survey have been
attached to this application package.
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: Land Management Group
Name (if known): Donnie Beale Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD issued: 9/27/2010
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.
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.
N/A
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. 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 T
W1 ®P ? T Wetland Fill 404 ? Yes
® No ® Corps
® DWQ 0.07
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
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.07
2h. Comments: The wetland area consists of an RPW and adjoining wetlands. The RPW is -110 linear feet.
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
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. 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 individual) 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 and 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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent(P)or for
Temporary (T) impact
B1 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments:
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed building expansion must be placed in this specific location because of the sequential order in which
livestock processing methods are completed. The existing building is located as closely to an existing property line as
setbacks allow, and the adjoining property is not able to be acquired. Other site elements also constrain the location of
the building expansion, including other property lines, a natural gas main and associate easement, and the waste
treatment lagoon serving the facility. A culvert will be installed so that impacts do not impede the flow of the RPW.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Further disturbance to the surrounding land will be minimized by the use of silt fencing around impact 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
Because impacts are minimal, no compensatory mitigation is
proposed.
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

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
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
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
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.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 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:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
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:
Page 8 of 11
2. Stormwater Management Plan
3,800 sq ft of imperviousness for
2a. What is the overall percent imperviousness of this project? the proposed building
expansion.
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Per engineer, no stormwater permit is
required.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? 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 N/A
3a. In which local government's jurisdiction is this project?
? 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 N/A
? 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
attached? ? Yes ? No
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 9 of 11
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)?
1c. 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:
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 2B .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.
The project will not provide access to surrounding properties. No future impacts are anticipated.
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.
A waste treatment lagoon already exists at this site. This lagoon will also function as the wastewater disposal site for
newly generated wastewater associated with the proposed project.
Page 10 of 11
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?
E] 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?
NC Natural Heritage Program Virtual Workroom:
http://www.ncnhp.org/Pa-ges/heritagedata.html
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?
NOAA Fisheries:
http://sharpfin.nmfs.noaa.gov/website/EFH Mapper/map.aspx
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?
National Trust for Historic Preservation:
http://www.preservationnation.org/map
/
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?
NC Floodplain Mapping Program:
http://floodmaps.nc.gov/fmis/Map.aspx?FIPS=061 &PANEL=undefined

Ashley R. Futral 12/10/2010
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization' tter from the applicant
is provided.)
Page 11 of 11
AP r, 29. 20? 0 12 : 2410No, 1614 F. 2

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Ihvo, the undersigned, hereby authorize Land Management Group, Inc, to act as our agent
in thedete uinafion of jurisdictional wetland boundaries on the subjectproperty,
V ilgri Ty c- . By w4y of this form, I/wo additionally authorize access to the
site by representatives of the US Amiy Corps of Engineers (COE) and/or the NC
Division of Coastal Maziagemcnt (NC DCM) for the purpose of reviewing tho flagged
wetland boundary and providing a final jurisdictional determination. Any questions
?!- Lt >7.n+in. nt .,radon 7 ?armtn ?t1?1f1 -6-o Id bE dirNted to I.arld
ragalYmr-, utG??+i???uc uvicu rwv??ti
Management Group, Xno.
Pleaseprovide the following in£omaton. :
and Parcel. ID Number: t{? 1 3 a, l
PiopertyAddress Q
G`utrcnt T'roperrty 04vnesFlame; ??',? ?l ? ?Qv-i .; ye.S{ac..?
Oner Address & Phone Number: pen,n,-, ?r4» I
(.J rLc w , Nc
Please Circle Yes or Nofoythe follovbff au?atibns:
T?4?'e art3 the current owners: No
IAVe: ar6 under contract to purchase the subject property: Yes
We are under option to purchase the subject property: Yo No
(NOTE: Site access iiill be restricted without DoticclauthorLmdou by current owner)
-CA Ly t} ? a y T V G tr3?Sa
Print Owner's Name
Own 's Signature
(requirtd for COE revlew of wetland detincailan)
Date
Print Applicant's Name
Applicant's Signatuve
D ate
cs t iv
OLD
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*Boundaries are approximate and are SITE
A
not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg. 75, 2003 SCALE 1" = 1 Mile
Sam Villari I.M?
The Pork Co. / S & J Villari Livestock ,__,;,,,.,,,,,;,,,..?, :...
Duplin County, NC Figure 1 of 5
40-09-036 www.LMGroup.net Vicinity Map
Phone: [phone] •1.866.LMG.1078
February 2009 Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
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*Boundaries are approximate and are
not meant to be absolute. Map not to Scale
Map Source: Warsaw North Quadrangle 7.5 minute (topographic) 1990.
Sam Villari LMG
The Pork Co. / S & J Villari Livestock Figure 2 of 5
Duplin County, NC
40-09-036 www.LMGroup.net USGS Topgraphic Map
Phone: [phone] •1.8661MIG.1078
February 2009 Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402

*Boundaries are approximate and are
not meant to be absolute.
Map Source: NRCS Soil Survey.
Sam Villari
The Pork Co. / S & J Villari Livestock
Duplin County, NC
40-09-036
February 2009
LMG
www.LMGroup.net
Phone: [phone] •1.866.LMG.1078
Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
- 4
mm?
SCALE 1" = 200'
Figure 3 of 5
Soils Map
NoB: Norfolk loamy sand (well drained)
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13oundaries are approximate and are
not meant to be absolute.
Map Source: 2004 NAPP Aerial Photography
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Sam Villari LMG
The Pork Co. / S & J Villari Livestock FI ure 4 of 5
Duplin County, NC - 9
40-09-036 www.LMGroup.net Aerial Photograph
Phone: [phone] •1.866.LMG.1078
February 2009 Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
NOTE: All boundaries and distances are considered approximate.
This represents a preliminary map prepared from field sketches.
A survey of delineated areas and review and approval by the US
Army Corps of Enqineers is recommended prior to specific site ply
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Areas considered to be uplands
(planned disturbance and areas
of impervious surface may rsion potential Uplands: -1.4 acres
stormwate r and sediment/eroosion
control measures) potential Wetlands: -0.1 acres
Areas considered to be jurisdictional
wetlands as regulated bythe Army Total area:: -1.5 acres
Corps of Engineers (no development, soil disturbance or fill activities without prior
404/401 certification)
Map Source: 2004 NAPP Aerial Photoaranhv
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SCALE 1 50'
Sam Villari LMG
The Pork Co. / S & J Villari Livestock Figure 5 of 5
Duplin County, NC 40-09-036 www.LMGroup.net Aerial Photograph w/
Phone: [phone] •1.866.LMG.1078 Wetland Overlay
February 2009 Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
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I.T.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2010-00917 County: Dupli n U.S.G.S. Quad: Warsaw North
NOTIFICATION OF JURISDICTIONAL, DETERMINATION
Property Owner: S&J Villari Livestock Property Owner: Land Management Group, Inc.
attn: Salvatori Villari attn: Donnie Beale
Address: 892 Penny Branch Road Address: 3805 Wrightsville Avenue. Suite 15
Warsaw, NC 28393 Wilmin6ton, NC 28403
Property description:
Size (acres) 35 Nearest Town Warsaw
Nearest Waterway UT to Turkey Creek River Basin Cape Fear
USGS HUC 03030006 Coordinates 35.007138 N -78.122421W
Location description: The parcel is located at 892 Pennv Branch Road, approximately 0.35 mi. west of its
intersection with Blackmore Road, in Warsaw, Duplin County North Carolina The PROJECT AREA is defined as
the approximately 1.5 acre portion of the overall parcel that encompasses primarily the existing processing-facility,
bordered on the north by an existing pond/lagoon on the south by Penny Branch Road on the east by a parking lot
and on the west by an existing field.
Indicate Which of the Following Appl`
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
_ 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.
X 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 wetlands on your property 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.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 9/27/2010 . 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 no waters of the U.S., to include wetlands, present on the above described project area 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
Page 1 of 2
published regulations, tliis determination may be re'.ied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CA141.A). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] 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 Mr. David E. Bailev at [phone]
David.E.Bailev2nusace.armv.mil.
C. Basis For Determination
The site exhibits water bodies with ordinarv high eater and abutting wetlands as defined in the 1987 wetland
delineation manual The water bodies on the site include UT to Turkev Creek, a Relatively Permanent Water -which
eventually drains into the Black River, a Section 10 Navigable Water - and conti2pous wetlands. This determination is
based on an office verification by David E. Bailev on 6/7/2010.
D. Remarks
E. 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:
District Engineer, Wilmington Regulatory Division
Attn: David E. Bailey, Regulatory Specialist,
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 33 1.5, and that it has been received by the District Office within 60 days of the date of the N? AP
Should you decide to submit an RFA form, it must be received at the above address by October 26. 2010.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date 27 September 2010 Expiration Date 27 September 2015
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit http://i)er2.n\vp.uRace.armv.mil/-,urvev.htmI to
complete the survey online.
Copy furnished:
Chad Coburn, NCDE--N'R-DWQ, 127 Cardinal Drive Extension, Wilmington, NC 28405
Brent H. Whitfield and Associates, 213 Washington Circle, Wallace, NC 28466
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