20000783 Ver 2_More Info Received_20100106

Mcmillan, Ian
From: Bob Zarzecki [[e-mail]]
Sent: Wednesday, January 06, 2010 9:53 AM
To: Mcmillan, Ian
Cc: Debbie Edwards; [e-mail]; Michael Allen
Subject: Traditions _404 Verifications-1 2-29-09
Attachments: Traditions-404 Verification_12-29-09.pdf
Importance: High
Ian,
Attached, for your records, is the 404 Verification for the Traditions Development.
Please contact me if you have any questions.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
[phone] Office Phone
[phone] Direct Line
[phone] Fax
[phone] Mobile
bzarzecki(o)sandec.com
www.SandEC.com
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT C%Jl- IF
Action ID: SAW-2009-02330 County: Wake USGS Quad: Wake Forest Rolesville Grifton and Franklinton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION'
Property Owner / Authorized Agent: Andrew Ammons, Ammons Development Group
Address: 10405-G Ligon Mill Road
Wake Forest, NC 27587
Telephone No.: f919) 562-1322
Size and location of property (water body, road name/number, town, etc.): Project is located north of 98 Business
(Wait Ave.) adjacent and west of Wake Forest Resevoir in Wake Forest NC Approximately 750 acres near
Hatters Branch (a.k.a. Dunn Creek) and Smith Creek-Wake Forest Resevoir.
Description of projects area and activity: Project named Traditions Subdivision Phase I of a Master Planned Mixed-
use development. This authorization is for 465 LF of permanent impacts on unimportant streams and 67 LF of
permanent impacts on important streams. Two road crossings and one lot fill impact are considered single and
complete proiects. The projects must be conducted in accordance with the application and drawings submitted on
October 15, 2009.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 14
Nationwide Permit Number:
Summarv of Authorized imnaetc and Renuirpd Mitiantinn
Action 117 NWP / GP Open Water (ac) Wetland ac Unimportant Steam 1 Important Stream 00
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200902329 14 65
29 400
14 67
Impact Totals
Total Loss of Waters of the U.S. ac Total Loss of Waters of the U.S. 1 532
Required Wetland Mitigation ac Required Stream Miti ation 1
Additional Remarks and/or Special Permit Conditions: Losses to important streams were minimized and avoided
where possible to avoid greater impacts to on-site perennial streams and ensure that the adverse effects to the
aquatic environment were minimal. Additionally, no single crossing impact is >70 LF. Each crossing and lot fill is
considered a single and complete project with regards to mitigation. This verification requires strict, adherence to
the impact maps and plans submitted on 15 OCT 09.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order 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.
Page 1 of 3
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 occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
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 Jamie' Shern at telephone number 919-554-4884 extension 31.
Corps Regulatory Official
Expiration Date of V
Date: 12/29/2009
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://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Page 2 of 3
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? 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.
? There are waters of the US and/or wetlands within 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.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 21 MAY 07 and 26 JUN 07. Action ID 200800443
Basis of Jurisdictional Determination:
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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: Jamie Shern, Regulatory Specialist
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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 331.5, and that it has been 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 February 26, 2010.
**It is not necessary to submit an "A rm to tj%?Dish wflce if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 12/29/2009 Expiration Date 03/18/2012
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Bob Zarzecki, Agent
Page 3 of 3
Action ID Number:2009-02330 County:Wake
Permittee: Andrew Ammons, Ammons Development Group
Date Verification Issued: December 29, 2009
Project Manager: Jamie Shern
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
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
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