20040325 Ver 2_Other Agency Comments_20100825

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U.S. ARMY CORPS OF ENGINEERS SEP 2 1 2010
WILMINGTON DISTRICT OEM-WATER QU
WETLMDS AND STOR?IMATER BRANCH
Action Id. 2009-00189 County Cumberland
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Southern Produce Distributors Inc. Agent: Christian Preziosi Land Management Group Inc
c/o: Mr. Stewart Precythe, PO Box 180, Faison NC 28841 PO Box 2522, Wilmington NC 28402
Telephone No: [phone] [phone]
Size and Location of project (water body, road name/number, town, etc.) The project site is within an approximate
1,838-acre proposed mitigation bank, known as Barra Fauns Phase II Wetland Mitigation Bank that is located at the
intersection between Hwy 53 and 210, north of SR 2041 (Beard Road) in Harrison Creek Bay, in the headwaters of
Harrison Creek, near Cedar Creek, Cumberland County, North Carolina.
Description of Activity: Authorization to backfill 7.954 acres of waters of the US associated with man-made
canals/ditches to facilitate the restoration of approximately 974 acres of wetlands and the enhancement of
approximately 168 acres of wetlands within the boundaries of the 1,838-acre mitigation bank Reference the
September 3, 2010 application plans.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbors Act of 1899)
Authorization: NW27 Nationwide Permit Number. NOTE: This correspondence does not act in the capacity as
the approval for the mitigation bank nor does it permit the sell of wetland credits It only verifies the authorization to
conduct work in jurisdictional waters for the construction of the bank.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted September 3, 2010 application and 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
[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 me at [phone].
Corps Regulatory Official: -Mickey Sugg Date: September 20, 2010
Expiration Date of Verification: March 18, 2012
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.
X The jurisdictional areas within the above described project area have been previously identified (Action ID 2003-
00583).
Basis of Jurisdictional Determination: The wetlands and waters on the site are adjacent to an unnamed tributary of
Harrison Creek which flows into the Section 10 navigable waters of the Cape Fear River.
Corps Regulatory Official: Mickey Sugg
Date: September 20, 2010
Action ID Number: 2009-00189 County: Cumberland
Permittee: Stewart Precythe, Southern Produce Distributors, Inc.
Date Permit Issued: September 20, 2010
Project Manager: Mickey Sugg_
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