20180106 Ver 2_PCN Form Submission_20190122

DWR
IDIOM n of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20180106
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Congleton Farms
1a. Who is the Primary Contact?*
Dana A. Lutheran
1b. Primary Contact Email:*
[e-mail]
Date Submitted
1/22/2019
Nearest Body of Water
Everett Creek
Basin
White Oak
Water Classification
SA;HOW
Site Coordinates
Version# *
2
What amout is owed?*
r• $240.00
* $570.00
Select Project Reviewer*
Chad Coburn:eads\cccoburn
1c. Primary Contact Phone:*
[phone]
Latitude: Longitude:
34.118283 77.886584
FA. Processing Information U
County (or Counties) where the project is located:
New Hanover
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
C Yes r No
FB. Applicant Information
1d. Who is applying forthe permit?
R Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Clayton Properties Group, Inc.
2b. Deed book and page no.:
6182 1135
2c. Responsible party:
Leon O'Rourke
2d. Address
Street Address
441 Western Lane
Address Line 2
Cfty
State / R'ovinoe / R�gicn
Irmo
South Carolina
Postal / Zip Code
O�untry
29209
us
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
r Yes r No
r Yes r No
u

1. Project Information
1b. Subdivision name:
(d appropriate)
Congleton Farms
1c. Nearest municipality/ town:
Wilmington
Project Identification
2a. Property Identification Number:
R07900-003-039-002 and R07900-003-039-
2b. Property size:
000
68
2c. Project Address
Street Address
1330 Lt Congleton Road
Address Line 2
dty
State / Ffwince / Pagion
Wilmington
NC
P stal / Zip Cade
Country
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Everett Creek
3b. Water Resources Classification of nearest receiving water:*
SA; HQW
3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12 -digit HUC in which the project is located.
030203020501
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
USACE and DWR authorizations, in the form of a NWP 39 (this should be a MNP 29 - residential development) and GC4139, were issued for this project, in 2017/18. The previous plan
consisted of the construction of a single-family residential subdivision, with 163 lots, access ways, and utilities. Permanent impacts were anticipated to total 0.236 acre of open water (i.e.
ditches) and one temporary impact of 10 linear feet of stream was proposed. The work, authorized under these two permits, has begun.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
R Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
MNP SAW -2017-01702
DWR 2018- 0106
Project History Upload
20180106 Ver 1 - Approval Letter - 3122018.pdf
Wetlands Impact SAW -2017-01702 NWP29 3.16.18.pdf
4.1 MB
2.08MB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
4f. List the total estimated acreage of all existing wetlands on the property:
0.1 acre
4g. List the total estimated linear feet of all existing streams on the property:
450 linear feet of perennial stream
4h. Explain the purpose of the proposed project:*
The purpose of this project is to improve Lt. Congleton Road, install a sidewalk and driveway, for lot 108. In order to facilitate the work, 949 square feet of open water (i.e. RPW or ditch)
needs to be filled.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The ditch will be drained of any standing water and filled with clean earthen soil. Once this is completed, the road, sidewalk and driveway will be constructed. Large machinery, such as
dump trucks and front end loaders, will be used to complete the work.
4j. Please upload project drawings for the proposed project.
Congleton Farms Outparcel Wetland Impact Map.pdf 2.03MB

5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
There is an eAsting JD for the larger portion of the project, that was issued 9/1/17 (see Attached
NWP). However, a JD has not been issued for the "outparcel".
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW -2017-01702 and Unassigned
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEG
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Rachel Capito (USACE) verified SEG's wetland delineation of the 1.93 -acre "outparcel" tract on 11/20/18. To SEGi's knowledge, the JD has not been issued.
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
The project received a NWP 39 (this should be a 29) and GC4139 for permanent impacts to 0.263 acre of ditch impact and temporary impact of 10 LF of stream. The "outparcel" is
located solely within a larger tract of land, therefore the proposed work Will not provide access or utilities to adjacent properties that don't already have such. Additionally, while there is
a wetland located within the outparcel, there is no need to impact the feature, to make this project economically viable. Thus, future permits will not be necessary to complete the
project.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands r Streams -tributaries ❑ Buffers
W Open Waters r Pond Construction
4. Open Water Impacts
4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area
6A
a,side walk,
driveway
P
Fill
Ditch
0.02
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.02
4g. Total open water impacts:
0.02
4h. Comments:
Please see the Wetland impact map for details of the proposed impact.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Applicant avoided the 0.10 -acre wetland feature within the "outparcel", even though another lot could have been placed there.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment and erosion control measures will be installed prior to land disturbing activities that are to take place. Additionally, silt fence will be installed
around the wetland. These measures should ensure sediment does not discharge into the wetland and/or downstream receiving waters.
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?
f Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The impact will take place within a RPW (i.e. ditch).
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
The site is not within a NC Riparian Buffer Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r^ Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r- Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
V Local Government P State
Local Government Stormwater Programs
R Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
New Hanover County
State Stormwater Programs
F Phase II P Coastal Counties
F HWQ or ORW r Other
Comments:
Congleton Farms S.D. has received a Stormwater permit.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r^ Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The proposed work will not open up undeveloped, inaccessible land to development. The incorporation of S&EC and stormwater control measures
should ensure stormooter is treated before discharging into downstream receiving waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Wastewater will be treated by CFPUA.

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
Sa. Will this project occur in or near an area with federally protected species or habitat?*
r^ Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No
Se. Is this a DOT project located within Division's 1-8?
r- Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r- Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r- Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Endangered species concerns were addressed as part of the previous permit application.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r^ Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
This project neither abuts or contains, within its property limits, a water body that would support Essential Fish Habitat.
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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
State historic and cultural resource concerns were addressed, as part of the previously issued permit.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
New Hanover County GIS system.
Miscellaneous
Comments
Applicant POC info will be submitted to the agencies upon receipt.
Miscellaneous attachments not previously requested.
Signature
*
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.

Full Name:
Dana A. Lutheran
Signature
Dam �. Cx�ifrkaR.
Date
1/22/2019

Water Resources
Environmental Quality
Raleigh Wilmington Investors, LLC
Mr. Jon Vincent
1015 Ashes Drive, Suite 202
Wilmington, NC 28405
Subject Property:
March 12, 2018
Congleton Farms
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
New Hanover County
DWR Project: 2018-0106
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Vincent,
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.236 acres of open water (ditches) and to temporarily impact 10 linear feet of stream to
construct a residential development as described in your application received by the N.C. Division
of Water Resources (DWR) on January 23, 2018. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number 4139
(GC4139).
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, Non -discharge, and stormwater 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 Permit. This Certification can also be found on line at:
http://portal.ncdenr.org/web/wq/swp/ws/40 I/certsandpermits.
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 acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A 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:
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approvaHeetter a G neral Certification and is responsible for complying
NotF�ing Compares_
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

Congleton Farms
New Hanover County
2018-0106
Page 2 of 4
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name 115A NCAC 02H .0501 and .0502}.
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms 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 a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 021-1.0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that such
standards or laws are not being met, including failure to sustain a designated or achieved
use, or that State or Federal law is being violated, or that further conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]

Congleton Farms
New Hanover County
2018-0106
Page 3 of 4
7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [ 15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
10. 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 and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http://portal.ncdenr.or web/wq/swp/ws/401/certsandpennits/apply/forms).
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.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
hqp://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed
with the OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays).

Congleton Farms
New Hanover County
2018-0106
Page 4 of 4
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at [phone] or Chad. Coburnkncdenr. gov.
Sincerely, DocuSigned by:
r
E3ABA14AC7DC434...
Morella Sanchez -King, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4144
cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
Brennan Dooley - USACE Wilmington Regulatory Field Office
WiRO/LF

5F Gi
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: PT TR MARViN H CONGLETON & WIFE DIV and CONGLETON
RECOMBINATION
1 1 ;1 '11 11 1 : 1 11 1 ' 11
STREET ADDRESS: Lt Conpleton Road
Applicant (please print): Clayton Properties Group, Inc
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of
environmental concern.
Applicant's Address (if different than property above):
Telephone:
Are you the current owner of the subject property? Yes ❑ No ❑
We hereby certify the above information submitted in this application is true and accurate to the best of
our know e.
Property Owner Authorized Signature SEGi Authorized Signature
Print Name c�
/ Z �i /
Date
Dana A. Lutheran
Print Name
Date

SEG1
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: PH 2 1318 LT CONGLETON RD DIV
LOT NO. PLAN NO. PARCEL I.D. R07900-003-199-000
STREET ADDRESS: Congleton Road
PROPERTY OWNER (please print): Raleigh Wilmington Investors, LLC
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of
environmental concern.
Address (if different than property above):
10,15- .�9TIYE-s- lqR
2,
L✓+ �/►� I NG7b1V /l/C S
Telephone:
9/r/" Z 56 O')o
We hereby c rtify the above i formati/smitted in this application is true and accurate to the best of
our knowled
G. -
Property w r A izA Sin re SEGi Authorized Signature
Ta N Dana A. Lutheran
Print Nam Print Name
` 1 q 1/11/19
Date Date

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PEI JOB#:
16384.PE

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-01702 County: New Hanover County U.S.G.S. Quad: Carolina Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Jon Vincent
Raleigh Wilmington Investors, LLC
Address: 1015 Ashes Drive; Suite 202
Wilmington, NC, 28405
Size (acres) 68 Nearest Town Wilmington
Nearest Waterway Everett Creek River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.1182
Longitude: -77.8865
Location description: The project area is a 68 acre tract located on the south side of Lt. Congleton Rd. iust east of its
intersection with Big Cypress Drive located in Wilmington, New Hanover County, North Carolina.
Description of projects area and activity: This verification authorizes 0.236 acre of permanent open water impacts and 10 linear
feet of temporary stream impacts for the construction of a residential subdivision and associated infrastructure.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 39
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information received by this office via e-mail on January 8, 2018.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work
order, a restoration order, a Class I administrative penalty, 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 Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
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 regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brennan Dooley at [phone] or Brennan.J.DooleyAusace.army.mil.
DOOLEY.BRENNAN.JO
Corps Regulatory Official: HN.1512992613 ao3u° Date: March 16, 2018
Expiration Date of Verification: March 18, 2022

Determination of Jurisdiction:
A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ 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 (RHA) (33 USC § 403) and 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.
C. ❑ There are waters, including wetlands, within the above described project area that are 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.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued September 1, 2017.
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 our Customer Satisfaction Survey, located online at
http://cop2smgpu.usace.g,M.mil/cm_apex/f?p=136:4:0.
Copy furnished:
Chad Coburn (NCDWR), via e-mail
Land Management Group, Kim Williams, via e-mail

Action ID Number: SAW -2017-01702 County: New Hanover County
Permittee: Jon Vincent, Raleigh Wilmington Investors, LLC
Project Name: Congleton Farms
Date Verification Issued: March 16, 2018
Project Manager: Brennan Dooley
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
WILMINGTON DISTRICT
Attn: Brennan Dooley
69 Darlington Avenue
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
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

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