20100973 Ver 1_Other Agency Comments_20101203

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2010-1808
County: Ashe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Amelia Properties, LLC / Attn: John Cathey
Address: 3300 Centennial Blvd.
Claremont, NC 28610
Telephone No.: 828-312-0056
Size and location of property (water body, road name/number, town, etc.): The site is located on
Crescent Lane, across from its intersection with Beaver Creek School Road, in West Jefferson,
Ashe County, North Carolina.
Description of projects area and activity: This permit authorizes installation of pipe and fill for the
development of a commercial grocery store. Impacts authorized by this permit total 145 linear feet
of stream channel and 0.10 acre of wetlands. Note: This authorization is based on plans submitted
for the development of commercial 2rocery store. If plans change and/or the type of commercial
development for this parcel changes, this permit may not longer be valid. Any proposed changes
should be coordinated with our office.
Special Condition: The permittee will plant a riparian buffer 25-feet in width on each side of the
remaining channel (approximately 150 linear feet) and appropriate plantings in remaining
wetlands (approximately 0.10 acre). All plantings should be completed within 30 days of the
permitted impacts occurring unless otherwise coordinated with our office.
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: 39
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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit.
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 Amanda Jones at 828-271-7980.
Corps Regulatory Official Amanda Jones Date: December 3, 2010
Expiration Date of Verification: March 18, 2012
Determination of Jurisdiction:
A. ? 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).
B. ? 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.
C. ® 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.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the 1987 Corps ofEngineers
Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation
Manual: Eastern Mountain and Piedmont Region. These wetlands are abutting stream channels located on the
property that exhibit indicators of ordinary high water marks. The stream channel on the property is an unnamed
tributary to Beaver Creek which flows into the New River and ultimately flows to the Atlantic Ocean through the
Gulf of Mexico.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
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 Program
Attn: Amanda Jones, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 Division 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 within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: -Amanda Jones
Issue Date: December 3, 2010 Expiration Date: Five years from Issue Date
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 Customer Satisfaction Survey located at our website at
http://per2.nmT.usace.army.mil/survehttml to complete the survey online.
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:
BREC, Attn: Derek Goddard, 467 Calloway Gap Road, West Jefferson, NC 28694
U.S. ARMY CORPS OF ENGWEERS
WILMINGTON DISTRICT
Action ID. 2010-1809
County: Ashe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Amelia Properties, LLC / Attn: Amelia Cathey
Address: 3300 Centennial Blvd.
Claremont, NC 28610
Telephone No.: 828-312-0056
Size and location of property (water body, road name/number, town, etc.): The site is located on the
north side of Beaver Creek School Road, in West Jefferson, Ashe County, North Carolina.
Description of projects area and activity: This permit authorizes installation of pipe and fill for the
development of a commercial fast food business. Impacts authorized by this permit total 145 linear
feet of stream channel. Note: This authorization is based on plans submitted for the development of
commercial fast food franchise. If plans change and/or the type of commercial development for this
parcel changes, this permit may not longer be valid. Any proposed changes should be coordinated
with our office.
Special Condition: The permittee will plant a riparian buffer 25-feet in width on each side of the
remaining channel (approximately 200 linear feet). All plantings should be completed within 30
days of the permitted impacts occurring unless otherwise coordinated with our office.
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: 39
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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit.
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 Amanda Jones at 828-271-7980.
Corps Regulatory Official Amanda Jones Date: December 3, 2010
Expiration Date of Verification: March 18, 2012
Determination of Jurisdiction:
A. ? 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).
B. ? 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.
C. ® 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.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains stream channels that exhibit indicators of ordinary high
water marks. The stream channel on the property is an unnamed tributary to Beaver Creek which flows into the New
River and ultimately flows to the Atlantic Ocean through the Gulf of Mexico.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
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 Program
Attn: Amanda Jones, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 Division 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 within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * *
Corps Regulatory Official: Amanda Jones
Issue Date: December 3, 2010 Expiration Date: Five years from Issue Date
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 Customer Satisfaction Survey located at our website at
hM://per2.nmT.usace.army.mil/survey.html to complete the survey online.
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:
BREC, Attn: Derek Goddard, 467 Calloway Gap Road, West Jefferson, NC 28694