20081036 Ver 2_Time Ext Request_20110106

THOMAS ENGINEERING, PA
CIVIL ENGINEERING•LAND DEVELOPMENT•PROJECT MANAGEMENT
US Mail
To: NCDENR/Division of Water Quality
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604
Attn: Ian J. McMillan
Coordinator 401/Wetlands Permitting and Oversight Unit
Re: DWQ Project # 08-1036 vs 2
Corps Action ID Number: SAW-2009-00195
Dr. Frank Marmarose
Plantation Harbor, Craven County
Dear Ian;
December 22, 2010
In reference to the attached request to the US Army Corps of Engineers for the
referenced, I presume no action will be required from DWQ once the 404 permit is
extended and since the 401 Certification notes that the expiration date would be that of the
404 permit.
If you hav y questions or comments, please do not hesitate to call. I hope you are
doing w
Si
Encls
Thomas, PE
Cc w/encls: Dr. Frank Marmarose, Owner
! i_I
JAN - 6 20
S{
r% i.
401 Howell Road.P.0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].Website: ThomasEngineeringPA.com
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THOMAS ENGINEERING, PA
CIVIL ENGINEERING•LAND DEVELOPMENT ePROJECT MANAGEMENT
US Mail December 22, 20 10
To: US Army Corps of Engineers
P. O. Box 1000 COP IL Air
Washington, NC 27889
Y
Attn: Tracey L. Wheeler
Regulatory Project Manager
Re: Action ID Number: SAW-2009-00195
Dr. Frank Marmarose
Plantation Harbor, Craven County
Dear Tracey;
On behalf of the property owner, Dr. Frank Marmarose, I am requesting an extension of
time to the greatest extent allowable for the above referenced Nationwide Permit 29, of
which a copy is attached hereto.
The referenced permit is for work to be performed within a proposed residential
subdivision within the Plantation Harbor community in Craven County. The work has not
been completed due to the economic recession and the depressed housing market.
The Owner intends to complete the work prior to the expiration of all the Nationwide
Permits which I understand will occur in March of 2012.
The Applicant (Owner) is not requesting any modifications to the project that would
expand or cha, the footprint of the previously permitted impacts.
If you h, dWany questions or comments, please do not hesitate to call. I hope you are
G. Thomas, PE
Enels
Cc w/encls: I" an McMillan, DWQ 401 Oversight Unit
Dr. Frank Marmarose, Owner
401 Howe111{cad.N.O. 8av 1309.Xew Berg, NC 28563
Phone: [phone].Fav: 052t636-2448-11'ebslte. TlrcnwsFigiiieerrrrgi'.I,cnrri
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. MF ZMM019S County: QMM USQS Qoad: QM MA
GENERAL PERMIT {REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorised Agents Dr. )Drank Marn arose
Address: M Mahaffey Lane
Now Bern. North C mfta
29560
Telephone No.: 152-447-4492
Size and location of property (water body, road nawu:lnumber, town, etc.): Prrowrty is a 365 acre ft d located on the
weal ddo of NCSR 1700, south of NCSR 1707 adiacent to C1aMoot Creek now the Commnntty of Blades in Craven
Coanty North Carolina.
Description of projects area and activity: The annHcant mono to p1see BR in 0.094 acres of imaladtedenal wetlands
to cendruct aecesa roads for a reddeadal sabdivislon.
Applicable Law: ® Section 404 (Clean Water Ack 33 USC 1344)
? Sectiaa 10 (Rivets and Harbors Act, 33 USC 403)
Authorization: Regional General, Permit Number:
Nationwide Permit Number: NlYM9
Your work is authorized by the above referenced permit provided it is acconipl shed in strict accordance with tie attached
conditions and you submitted plans. Any violation of the attacbed condid= or deviation from your submitted plans may subject the
peraftee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below rmleas the nationwide authorization is modified,
sum or revoked It prior to the expiration date identified below, the nationwide permit audmivation 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 auuthorhation expires or is suspended, revoked, or is modified, such that dw
activity would no longer comply with the terms and conditions of the nationwide p mnk activities which have commenced (i.e., are
under construcum) or are under contract to commence m reliance upon the natimmde permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permiVa expiration, moddiation or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the autho dntma.
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 [phone]) to determine Section 401 requirements.
For activities ocanring within the twenty coastal counties subject to regolation under the Coastal Area Management Act (CAMA),
prior to begnuung work you must contact the N.C. Division of Coastal h6 nagement .
This Department of duo Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/ nifty.
If there are any questions regarding this verifation, nay of the conditions of the Permit, or the Corp of Engineers regulatory
program, please contact Tracey Wheeler [phone] a 24.
Corp Regulatory Mcww??? Date: 01/2812009
Expiration Date of Verification: 01t2SQ011
The Wilmington District a committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at to complete the survey
online.
Page 1 of 2
Determination of Jurisdiction:
® Based on preliminary Information, there appear to be watma of the US ineluft wetlands within the above described project area
This preliminary dete®ination is not an appealable action under the Regaldety Program Administrative Appeal Process
( Reference 33 CPR Part 331).
? These are Navigable Waters of the United States within tie above described project area subject to the peunit requirements of
Section 16 of tiro Rivers and Harbors Act and Section 404 of the Clean Water Ad. 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
uotificatimu.
? There are waters of the US and/or wetlands within the above descnbed pv#ed area subject to the permit requirements of Section
404 ofthe 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 fiom the data of this notificadon.
? The Jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Detarndm ian:
Appeals Information (This infornadem applies only to approved jurisdictional determinations.)
Attached to this verification is an anwved jurisdicdonsi determination. If you are not in a with that approved jurisdictional
determination, you can make an administ<ative appeal under 33 CPR 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 detmmmsudon you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Aft-Tufty Wheeler, Project Manager,
Washington Regulatory Field Office
Post office Boot 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Comps must determine that it is complete, that it mods the criteria for appeal
tinder 33 CPR part 33 1.5, and that it has beta received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
"It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this convepondence.++
Corp Regulatory
Data Expiration Date

SURVEY PLATS, FIELD SIQTCH, WETLAND DELD MATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO TIRE FILE COPY OF THIS FORM, IF REQUMM OR AVAH-ABLE.
Copy Furnished:
Bobby Billingsley, P.E.
Thomas Engineering, P.A.
Post Office Box 1309
Now Bern, North Carolina 28S63
Page 2 of 2
Action ID Number.-SAW 2009-00195 County:Craven
Permittee: ftk A. Marmarose
Date Verification Issued: 1/2Q, 812009
Project Manager. Tracey Wheeler
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign thk certillcation and return it to the following address:
US ARMY CORPS OF ENGINEERS
W1LBAWGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1000
WASHINGTON, NORTH CAROLINA 27889
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
MWwl F. Easley. Govow
W1111nn G. Ross Jr., Secretary
Nato Coohn Dvwunent otEhviro ono and Naaual Reacurees
Golsen H. SuMm Director
DlvWon of water Quality
Chuck Waidtd, P.E. Deputy Director
Dkftl nofwaterQuaRy
November 24, 2008
Dr. Frank a Marmarose
302 Mahaffey Lane
New Bern, NC 28560
Subject Property:
DWQ Project # 08-1036 vs 2
Craven County
Plantation Harbor Phase 111, Sections A & B
UT to Clubfoot Cr, Neuse Basin, 030410,27-123, NSW, SA, HQW
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (ISA NCAC 2B.0233) with Additional Conditions
Dear Mr. Marmarose:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.044 acres of wetlands for the purpose of constructing a subdivision road at
the subject property, as described within your application dated July 15, 2008 and received by the N.C.
Division of Water Quality (DWQ) on October 1, 2008. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705).
The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of
Engineers (USACE). 'this letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 1 SA NCAC 2B .0233. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you 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 fills for this project (now or in the future) exceed one ache of
wetland or ISO linear feet of stream, compensatory mitigation may be required as described in 1 SA
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved nits Plan Location or Reference
Stream na feat I na
North Cuotina DivWw of water Qu ay I'm -1, 1t2unr afeM.kkc.et
943 Waattiaom Square Mau Phorx: 2S24W64481
Waahi SW% NC 27M FAX [phone]
An Ekpkal oppol-I - i lAS,kaalire action EW*yer- ti % RWffift ltQ9L treat Caw=v Paper
NorthCarolina
)VV&r-d1k-
ruwwuuu ruuuui rimes in.
Page 2 of 3
Date:
404/CAMA Wetlands 0.094 acres Plat provided with application
waters na acres na
Buffers na (square 13. na
2. Erosion tit Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erasion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining MonW.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
Plantation Harbor Phase III:
Page 3 of 3
Date:
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wedands Unit web site at http://h2o.emrstate.nc ustncwedmds. The text of the sample
deed notification may be modified as appropriate to suit to this project.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adj udicatory 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 150E of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Cents,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S.1SOB.
This letter completes the review of the Division of Water Quality wader Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian
McMillan of the 401 Oversight/Express Unit at 919.715-4631.
Sincerely,
L .
for Coleao ins
Enclosures: Certificate of Completion
GC 3705
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
DLR, WaRO
Bobby Billingsley, PE, PO Box 1309
'Now Bern, NC 29563