20051953 Ver 3_Other Agency Correspondence_20091006

U.S. ARMY CORPS OF ENGINC>JRS
Wilmington District
Action ID: SAW-2011-01818 Count}':
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[ncomplete Application Notification
Property
Owner JVI Development IL Inc.
Attn: Joey Ioanne
Address 2509 Southwinds Run
Apex, NC 27502
Telephone Number 919-387-8846
Authorized °^°
Agent Environmental Services, Inc. ~ ° o
Atha; Jeff Harbour _ --,
Address 524_S_. New Ho
Ralei
Telephone Numbe
Location/Description of Proposed Activity:
NC 27610
r 919-212-1760
Type of Permit Applied For (check one): IP O NWP # 14 and 12 (X) GP # ( )
Applicable law: Section 404 of the Clean Water Act (X ); Section 10, Rivers and Harbor Act ( )
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YOUR APPLICATION/PRI'JCONSTRUCTION NOTIFICATION IS INCOMPLETIJ AND
CANNOT BE EVALUATIJD UNTIL THC FOLLOWING INFORMATION IS RECEIVCD
(CHOCK ALL TIIAT APPLY):
Your application/pre-construction notification form has not been completed and/or signed (see remarks).
Under the conditions of Nationwide Permit # ,you are required to submit an aquatic resource mitigation
plan. The required plan is either insufficient or has not been included with your notification (see remarks).
X Your application/pre-construction notification did not include information describing measures you have
implemented to avoid and minimize impacts to Waters of the United States. ~~
X Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
X Your application/pre-construction notification did not include a delineation of affected special aquatic sites,
including wetlands, vegetated shallows, and riffle and pool complexes as required.
Your project is in a designated trout water county. Nationwide permit regional conditions require that a
copy of your application be submitted to the local NC Wildlife Resources Commission (WRC) for comment.
(Address: Western Piedmont Region Coordinator, 3855 ldlewild Road, Kernersville, NC 27284-9180)
X Other (see remarks)
REMARKS: Upon review of your;Pre-Construction Notification it has been determined that the activity
does not qualify for NWP's 12 and 14 for the following reasons:
1. Activities described in your Prc-Construction Notification received on September 26, 2011
are consistent with activities that qualify for a NWP 29, not NWP's 12 and 14.
2. Under conditions of nationwide permit 29 an application/pre-construction notification is
considered complete only if the activity is deemed a single and complete project. Based on
the information provided in your PCN, it is unclear if there will be future phases to the Bella
Casa PUD, that will result in further loss to waters of the U.S., therefore these impacts (if
any) from future phases must be considered together before we are able to determine the
appropriate Department of the Army permit for the subject property.
3. Furthermore, the present layout of roadway infrastructure for the proposed project does not
depict logical termini leading to the potential for further/future jurisdictional impacts

associated with roadway impacts on adjacent parcels, therefore the Corps is unable to
determine whether the activity authorized under the nationwide permit will result, in more
than minimal individual or cumulative adverse environmental effects.
4. Please provide a more detailed delineation of affected special aquatic sites including all
applicable data forms and maps.
If you have any questions regarding the Corps of Engineers regulatory program, please contact
James Lastinger at t ephone num er 919- 4-4884 ext 32
Project Manager Signature Date October 4, 2011
C.C.
NC Division of Water Quality
Attn: Ian McMillan
1650 Mail Service Center
Raleigh, NC 27604-1650