20070235 Ver 2_USACE Permit_20110527

~~w~d a.o I I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
\coon ID. SAW-2007-00939 County: Orange USGS Quad: Farrington
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERI
Property Owner /Authorized Agent: Broyhill Wiles I3uildin~ and Developing, Inc.
\ddress: Attn: Kent Wiles
3701 Jones Ferry Road
Chapel Hill, North Carolina 27516
COPY
~~~~oa~D
MAY 2 7 2011
DENR . py,~ ~"~
hM..,w. • ~._
'telephone No.: 919-338-2228
tiize and location of property (water body, road name/number, town, etc.): 9.4 acres (approximatelyl; The site is
located approximately 1.2 miles southwest of the Damascus Church Road, Smith Level Road intersection, south of
C'arrboro, in Orange County, North Carolina. T/le project is identified as The Damascus Church Road Project
1 ~cscription of projects area and activity: This authorization is for permanent discharge of clean till material within
60 linear feet of stream channel and 0.12 acre of adjacent wetlands for the installation of a single road crossing
associated with a residential development . The protect must be conducted in aceordlnce with the application and
drawings submitted on Apri125, 2011.
In order to compensate O.12 acre of wetlands the permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration
of 0.24 acre of riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030002 This compensatory
n~iti~ation requirement has been completed as indicated by a receipt from the NCEEP dated 25 September 2007
for impacts associated with this project. As such, NCEEP has provided written confirmation to the Corps that it
a~~rces to accent responsibility for the mitivation work required, in compliance with the NCEEP In-Lieu Fee
L+sh•ument, approved by the United States Army Corps of Engineers Wilmington District
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
~\ulhorization: Regional General Permit Number:
Nationwide Permit Number: 14
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
elate that the relevant nationwide pernut 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.
!\ctivities 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,
Mate or ]Deal approvals/permits.
I f there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
pro~sram, please contact Andrew Williams at telephone number 919-554-4884 extension 26.
( ores Regulatory Official ~~uu~-~ ~ Date: Mav 25, 2011
I;.~piration Date of Verification: NIareh 18, 2012
Page 1 of 3

"I'he tiVilmin~~ton District is conunitted 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:i/re~zulatorv.usaeesurvev.com! to complete the survey
online.
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 tinder the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
^ There are Navivable 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.
^ "I'he 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 stream is a relatively permanent water (RPW) identified as West Branch Price
C'reelc. West Branch Price Creek is a tributary to University Lake an RPW and an impoundment of Morgan Creek
L'nivcrsity Lake discharges to Morgan Creek, an RPW which is a tributary to Jordan Lake an impoundment of the Haw
River and other tributaries. Jordan Lake discharges to the Haw River a traditionally navigable water (TNW) The Hew
River is a h•ibutary to the Cape Fear River, a navigable water of the United States The Ordinary High Water Mark
(t)HWNI) of West Branch Price Creek was indicated by the following physical chlracteristics• clelr natural line impressed on
fhc bank, shelving, and the destruction of terrestrial vegetation The wetlands meet the hydrophytic vegetation wetland
hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland llelineation Manuel and ire contigouous with
~~'est Branch Price Creels.
't'his jurisdictional determination is only for the stream and wetlands proposed for impacts associated with this Nationwide
Permit verification and does not include any other watershvetlands that may be located on the property/project site
r~ppe~ilS Information (This information applies only to approved jurisdictional determinations.)
~\ttached to this verification is an approved jurisdictional deternunation. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal ender 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NnP) 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, Wilnungton Regidatory Division
Attn: Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
U.S. Array 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
antler 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 Julv 25, 2011.
'~~ It is not necessary to submit an RFA form to the District Office if yoti do not object to the deternunation in this con-espondence.**
Corps Regulatory Official: _ J~jyt~) ~,~;~>
U:ue May 25, 2011
Expiration Date i\Iarch 18, 2012
Pa;;e 2 of 3

Summary of Authorized Im acts and Re wired Mitigation
Action ID NWP / GP O en Water (ac) Wetland (ac) Unim ortant Stream (If) Im ortant Stream (If)
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
I s.~~~-zoos-
00939 NWP 14 0.12 60
~- -

'_ Impact Totals 0 0 0 0.12 60
it Total Loss of Waters of the U.S. (ac) 0.12 Total Loss of Waters of the U.S. (lf) 60
required Wetland Mitigation (ac) 0.24 In-Lieu/EEP Required Stream Mitigation (lf) 0
Additional Remarks and/or Special Permit Conditions:
lZcmarks:
In order to compensate 0.12 acre of wetlands the permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration
of 0.24 acre of riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030002. This compesatory
mitigation requirement has been completed as indicated by a receipt from the NCEEP dated 25 September 2007
t'or impacts associated with this project. As such, NCEEP has provided written confirmation to the Corps that it
agrees to accept responsibility for the mitigation work required, in compliance with the NCEEP In-Lieu Fee
1 nstrument, approved by the United States Army Corps of Engineers, Wilmington District.
Sl1RVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
~~"l TACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
lan McMillan
North Carolina Department of Environment and Natural Resources
[)ivision of Water Quality 401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Julie Peele
,~\~~ri-Waste Technology, Inc.
5=100 Etta Buck Ct., Suite 200
Raleigh, North Carolina 27606
Page 3 of 3

i\OTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PIZOCESS`AND
REQUEST FOR APPEAL
.>\pplicant: I3rovhill Wiles 13uildinQ and Develop;n~, Inc. File Number: SAW-2007-00939 Date: May 25, 2011
ttached is:
A See Section below
_
_ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
_ _ PROFFERED PERMIT (Standard Permit or Letter of permission) B
___ PERMIT DENIAL C
_ APPROVED JURISDICTIONAL DETERMINATION D
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PRELIMINARY JURISDICTIONAL DETERMINATION
E
' SECTION I -The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at
` http://www.usace.arm .mil/CECW/Pages/reg materials.aspx or Co s regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
~ • ACCEPT: If you received a Standard Pern>;t, you may sign the permit document and rehu~n 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 pernut.
~ OB.I ECT: 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 mast 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
Che permit having determined that the pernut 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.
f3: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEP"I': If you received a Standard Permit, you may sign the permit document and rehu~n it to the district engineer for final
authorization. If you received a Letter of Pernssion (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 Coitus 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 anneal the denial of a Hermit under the Coitus of Engineers Administrative Anneal Process
b., completin~~ Section [I of this form and sending the form to the division engincerj This form must be received by the division
m~ineer within 60 days of the date of this notice.
I): APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
I~rovide new information.
I • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Coitus 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.
c 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 division entriueer. This form must be received
by the division engineer within 60 days of the date of this notice.

F: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
Q regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
~ appro~•ed JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new infornzation for further consideration by the Corps to reevaluate the JD.
SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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(~ EASONS 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
ur objections are addressed in the administrative record.)
s
i
I
n[~D["l'IONAL INFORMATION: "Che 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 deternvned is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
ti~uu may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
I f you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
! !\ndrew Williams Jason Steele
I:egulatory Project Manager Administrative Appeals Review Officer
l'.S. Army Corps of Engineers 60 Forsyth Street, SW (Room 9M10)
{ ?3= 1 Heritage Trade Drive, Suite 105 Atlanta, GA 30303-8801
~ tV'al:e Forest, North Carolina 27587 404-562-5137
I:[GI-I"I~ OF ENTRY: Yoiu signature below «rants the right of entry to Corps of Engineers personnel, and any government
t ~ ~~nsultants, 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 opporhuiity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.

:action ID Number:SAW-2007-00939 County:Oran e
Permittee: Broyhill Wiles Building and Developing, Inc.
Date Verification Issued: la'Iay 25, 2011
Project Manager: Andrew Williams
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, NORTH CAROLINA 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