19990612 Ver 1_COMPLETE FILE_19990414

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS SU'
RO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 7, 1999
Regulatory Division
Action ID No. 199901011 and Nationwide Permit No. 12 (Utility Line Backfill and Bedding)
Mr. Dallas Harris
Dallas Harris Real Estate and Construction
Post Office Box 531
Wrightsville Beach, North Carolina 28480
Dear Mr. Harris: . N
t
t
Reference your application dated April 12, 1999, for Department df the Army (DA)
authorization to impact approximately 3.96 acres of jurisdictional wetlands to install a sewer line
and water line over a portion of the property identified as "Tract C" in the Westbay Subdivision,
north of Putnam Drive in the Planters Walk Subdivision, Wilmington, New Hanover County,
North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, the "December 13, 1996
Federal Register, Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits
(61 FR 65874)" listed nationwide permits. Authorization, pursuant to Section 404 of the Clean
Water Act, was provided for the discharge of dredged or fill material associated with excavation,
backfill or bedding for utility lines, including outfall and intake structures, provided there is no
change in preconstruction contours. This nationwide permit does not authorize access roads,
temporary or permanent, or foundations associated with overhead utility lines.
Your work is authorized by this nationwide permit provided it is accomplished in strict
accordance with the enclosed conditions, the following special condition, and provided you
receive a Section 401 water quality certification from the North Carolina Division of Water
Quality (NCDWQ) and, in the coastal area, a consistency determination from the North Carolina
Division of Coastal Management (NCDCM). You should contact Mr. John Dorney, telephone
[phone], regarding water quality certification, and Mr. Steve Benton, telephone (919)
733-2293, regarding consistency determination. This nationwide permit does not relieve you of
the responsibility to obtain other required State or local approval.
Special Condition
-As compensatory mitigation for the authorized impacts to wetlands, the permittee shall
grant a conservation easement to the County of New Hanover to protect, in perpetuity, ten (10)
acres of existing wetlands adjacent to Ogden Park, Wilmington, New Hanover County, North
Carolina. The conservation easement and legal boundary description of the 10 acre tract are as
recorded in Book 2580, page 0208, in the New Hanover County Register of Deeds.
This special condition to the authorization has been satisfied as of the date of this
correspondence.
This verification will be valid until the nationwide permit is modified, reissued or revoked,
which will occur by February 11, 2002. It is incumbent upon you to remain informed of changes
to the nationwide permits, which will be announced by public notice when they occur. Ifyou
commence, or are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of the modification or
revocation to complete the activity under the present terms and conditions of this nationwide
permit.
We have evaluated potential impacts of your activity, and we have determined that your
proposal will not likely have an adverse affect on any endangered species.
When you have completed your work and any required mitigation, please sign and return the
enclosed certification form.
Sincerely,
Scott McLendon
Regulatory Project Manager
Enclosure (nationwide 12):
Copies Furnished (without enclosure):
Mr. John Heftier, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. John Domey
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607

Permit Number: 199901011
Name of Permittee: Dallas Harris
Date of Issuance: June 7, 1999
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:
District Engineer
Wilmington District
U.S. Army Corps of Engineers
Attention: CESAW-RG
Post Office Box 1890 -
Wilmington, North Carolina 28402-1890
Please note that your permitted activity is subject to a compliance inspection by an 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 conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
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