20071613 Ver 1_Modifications_20100308

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HARBOR API ILL MANAGEMENT, INC
January 6, 2010
NC Division of Water Quality
Atin:.ioanne Steenhuis, Senior Environmental Specialist
127 Cardinal Drive Ext.
Wilmington, :NC 28405
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Nationwide Permit Nurnbe.r: NW-18 / 401 Water Quality Cerdfi
DWQ Projectt 071613
Tommie Little Division Tract 7 (Middle Point: Subdivision)
Pender County, Tax ID: 4312-36-0924-OOOL
Duncan & Allison Porter, Property Owner
Hampstead, Pender County, North Carolina
Dear Ms. Steenhuis,
Based on our phone conversation on November 30, 2009 and again on January 6, 2010,1
am formally requesting a two-year extension to our current Section 401 Water Quality
Certification dated October 23, 2007. 1 have just received the approval extending our
NW-l.8 Permit to December 17, 2011. Due to the existing economic conditions, 1 have
not been able to sell the property nor proceed with the proposed improvements.
I any requesting that. the existing permit be re-issued or extended "as is". I do not intend
to modify any of the conditions stated in our original PCN 29/401 application or
corresponding approval of subject permit.
I have attached the NW 18 Permit reflecting the approved extension to December 17,
2011.
Thank you for your consideration in this matter. I can be reached at [phone] ext.
244 if there are any questions. Please note that our mailing address has changed:
4709 Morrowick Road
Charlotte, NC 28226
Sincerely,
Duncan C. Porter
Enclosures
,931 r,. h9orchezad Street, Suite 350
Chare Otte, North Carolina 28202
743-377-6945 ----v
} ax 741-.3:9-3189
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2007 2598 County: Pender USGS Quad: Sloop Point
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Duncan & Allison Porter Agent: Applied Resource Manaaentent, P.C.
Address: 14657 East Yellow Save Lane attnt Ellen Cornette
Vail, AZ 85641 P.O. Box 882
Hampstead, NC 28443
`telephone No.: 858-777-4460 91.0-270-2919
Size and location of property (water body, road name/number, town, etc.): The 1.48 acre tract (Tommie Little Division
Tract 7) is located within Middle Point Subdivision accessed off Sloop Point Loop Road just north of Wilmineton
adjacent to an unnamed tributary of the Intracoastal Waterway, Pender County.
Description of projects area and activity: The project involves the impact to 0.0768 acres of non tidal wetlands for the
construction of an access for a single family residence.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 0 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-18
See attached nationwide conditions.
Your wort is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application dated 9/17/2007 along with Figure 5 drawing dated 10/29/2007, revised December
11, 2007 and received via email on December 11, 2007. 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.
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 (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management 910-796-7215.
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 Crystal Amschler at 910-251-41.70.
Corps Reaulatoty Official Date: 12117!2009
Expiration Date of Verification: 12/17/2011
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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 o?• 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 1/24/2003. Originally signed by Lillette Granade.
Basis of Jurisdictional Detennination
F
Corps Regulatory Official:
Date 12/17/2009
Copy Furnished:
NCDEN.R-DWQ attn: Joanne Steenhuis 1.27 Cardinal Drive Extension Wilmington, NC 28405
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