20100251 Ver 1_USACE Permit_20100224

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200801392 County: Harnett USGS Quad: Lillington
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Harnett Forward Together Committee
Address: Attn: Mr. N. Johnson Tilghman
PO Box 1270
Lillington, NC 27549
Telephone No.: 919-934-1900
Size and location of property (water body, road name/number, town, etc.): The Brightwater site is located at the
intersection of Matthews Road and US Hwy 401, west of NC Hwy 210, in Lillington, Harnett County, North
Carolina.
Description of projects area and activity: This authorization is for the permanent impact of 0.35 acres of wetlands
and 2191f of stream channel resulting from construction. to be done in two (2) phases. of a mixed use development.
Phase I of the development will permanently impact 0.02 acres of wetlands and 99 If of stream channel and phase
II of the development will permanently impact 0.33 acres of wetlands and 1201f of stream channel. The protect
must be conducted in accordance with the application and drawings submitted on 11/30/2009.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14 and 18
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.
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 Crystal Amschler at 910-251-4170.
Corps Regulatory Official: Crystal Amschler
Expiration Date of Verification: February 24, 2012
Date: February 24, 2010
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 1 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.
El 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.
Z The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 11/12/2008. Action ID 200801392
Basis of Jurisdictional Determination: Wetlands were determined using the Corps 1987 delineation manual. Streams were
identified utilizing ordinary high water mark as identified in the field.
Corps Regulatory Official:
Date February 24, 2010
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:
Copy Furnished:
Harnett County Dept of Public Utilities
Attn: Rodney Tart
PO Box 1119
Lillington, NC 27546
Withers & Ravenel
Attn: Troy Beasley
1410 Commonwealth Dr, Suite 101
Wilmington, NC 28403
Page 2 of 3

Harnett Forward Together Committee
PO Box 1270
Lillington, NC 27549
AID# SAW -2008-01392
Special Conditions:
1) In order to compensate for the impacts resulting from Phase I of the development to 99 if of stream
channel, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC
EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 99 if of stream
channel in the Cape Fear River Basin, Cataloging Unity 03030004. Construction within the jurisdictional
areas on Phase I of the property, shall begin only after the permittee has made full payment to the NC EEP/ILF
for the above impacts and provided a copy of the payment documentation to the Corps, and the NC EEP/ILF
has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work
required, in compliance with the MOU between the North Carolina Department of Environment and Natural
Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. In
order to compensate for the remainder of the authorized impacts in Phase II of the development, which
include impacts to 0.33 acres of riparian wetlands and 120 if of stream channel, the permittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined
by the NC EEP, sufficient to perform the restoration of 0.33 acres of riparian wetlands and 120 if of
stream channel in the Cape Fear River Basin, Cataloging Unit 03030004. Construction within the
remaining 0.33 acres of wetlands and 120 if of stream channel on Phase I1 of the property, shall begin only after
the permittee has made full payment to the NC EEP/ILF for the above impacts and provided a copy of the
payment documentation to the Corps, and the NC EEP/ILF has provided written confirmation to the Corps that
it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the
North Carolina Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilmington District, dated November 4, 1998
2) a. The permittee shall preserve and maintain 9,1701f of Anderson Creek and 53.1 acres of adjacent
buffer, which includes approximately 42 acres of wetlands, on the Anderson Creek Park property located
on Nursery Rd in Lillington, Harnett County, North Carolina. The areas to be preserved are indicated on
the attached map titled Conservation Easement Map Along North Prong Anderson Creek dated November
18, 2009. The permittee shall enforce the terms of the Conservation Declaration and shall take no action on
the property inconsistent with the terms thereof.
b. The permittee shall execute and cause to be recorded in the Harnett County Register of Deeds, the
Conservation Declaration and Conservation Easement Map and the permittee shall provide a copy of the
recorded Conservation Declaration and survey to the Corps of Engineers within 15 days of recording.
These provisions relating to the wetlands cannot be amended or modified without the express written consent of
the U.S. Army Corps of Engineers, Wilmington District.
Corp Regulatory Official
Page 3 of 3
Date: February 24, 2010

Action ID Number: 200801392 County: Harnett
Permittee: Harnett Forward Tozether Committee
Date Permit Issued: February 24, 2010
Project Manager: Crystal Amschler
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
RALEIGH REGULATORY FIELD OFFICE
3331 HERITAGE TRADE DRIVE, SUITE 105
WAKE FOREST, NC 27587
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

CESAW-RG-W
MEMORANDUM FOR RECORD
DATE: February 24, 2010
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.
1. Action ID. 200801392
2. Project Name and Location: The Brightwater site is located at the intersection of Matthews Road and US Hwy
401, west of NC Hwy 210, in Lillintiton, Harnett County, North Carolina
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? YES
Explain: see permit conditions
4. Endangered Species (Section 7 of the ESA).
a. Will any threatened or endangered species or their critical habitats be affected by this project? NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson -Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Corps Regulatory Official: C stal Amschler

Applicant: Harnett Forward Together File Number: 200801392
Committee
Date: February 24, 2010
Attached is:
See Section below
F. INITIAL PROFFERED PERMIT (Standard Permit or Letter of
permission)
A
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C:. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
Di APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
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REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision If you only have questions regarding the appeal process you,
and/or the appeal process you may contact: may also contact:
Crystal Amschler Ms. Jean Manuele
Raleigh Regulatory Field Office Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105 3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587 Wake Forest, NC 27587
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Jean Manuele, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303-8801