20111062 Ver 3_404 NWP 29_12-16-11_20210127

U.S. ARMY CORPS OF ENGINEERS C AgrAh... Ov
WILMINGTON DISTRICT
Action Id. SAW-2011-02359 County: Wake U.S.G.S. Quad: NC -WAKE FOREST
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: La Scala, Associates, LLC
Daryl Cady
Address: 123 S. White St,
Wake Forest, NC, 27587
Agent: Soil & Environmental Consultants, PA
Debbie Edwards
Address: 11010 Raven Ridge Road
Raleigh, NC, 27614
Size and location of property (water body, road name/number, town, etc.): The property is 23 acres of forested land
located adiacent to Star Rd., near Wake Forest, Wake County, North Carolina. Aquatic features on site drain to
Smith Creek in the Neuse River basin. Latitude 35.9385376588908 Longitude-78.5381188481537
Description of projects area and activity: This permit verification allows for 0.055 acres of permanent wetland impacts,
and 136 linear feet of permanent stream channel impacts for the installation of a culvert and road crossing for the
construction of a multi -family residential complex know as the Villagio at La Scala Apartments. No mitigation is
required for this proposal. Please see attached special conditions for this proiect.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pe.. -it Number or Nationwide Permit 1`.urnber: NWP 29 Residential Developments.
SEE ATTACHED NATIONWI )E AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated December 6, 2011. 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 James Lastinger at 919-554-4884 x32.
Corps Regulatory Offici Date: December 16, 2011
Expiration Date of Veri tion: 03/18/2012
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 hitp://pert.nwp.usace.anny.mil/survgy.html to complete the survey
online.
Copy Furnished: See above

Special conditions:
1. A pre -construction inspection of the project site must be performed by the Army Corns of Engineers,
Wilmington District (USACE), prior to beginning work within jurisdictional waters. The applicant must
contact the USACE to establish a suitable date and time to conduct the pre -construction inspection. The
applicant, and construction contractor who will be installing the culvert/road crossing, must be present
during the pre -construction inspection. Also, the exact footprint of the proposed fill must be demarcated
for the pre -construction meeting. Geographic coordinates (latitude and longitude), for the project
endpoints (upstream and downstream locations) must be provided before or on the pre -construction
inspection date. The coordinates must be provided in North American Datum 1983(NAD83), decimal
degree format.

Action ID Number: SAW-2011-02359 County: Wake
Permittee: La Scala, Associates, LLC
Date Permit Issued: December 16, 2011
Project Manager: James Lastineer
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
Attn: James Lastinger
Raleigh Regulatory Field Office
3331 Heritage Trade Dr., 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

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 (C V A)(33 TT— § 1344). Unless there is a change in tile 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 For Determination
The site exhibits wetland criteria as defined in the 1987 Corns Wetland Delineation Manual and appropriate Regional
Supplement.
Remarks
This jurisdictional determination is only for the waters/wetlands Proposed for impacts associated with this Nationwide Permit
and does not include any other waters/wetlands that may be located on the property.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this'
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 by February 16, 2012.
**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:
Date: December 16, 2011�/ Expiration Date: March 18, 2012

Copy furnished:
NOTIFICATIOl"" OF ADMIXIST'RAIWE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: La Scala, Associates, LLC
Attn: DaEll Cad
File Number: SAW-2011-02359
Date: December 16, 2011
Attached is:
See Section below
F-11
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
E
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
SECTION I -The following identifies your rights and options regarding an administrative appeal of the above. decision.
Additional information may be found at http://ww-w.usace.army-miliinet/functions/ew/cecwoiM or
Corps regulations at 33 CFR Part 331.
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 pennit, 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.

D: 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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, yo„ may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION: - -
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: James Lastinger, Regulatory Specialist
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105
60 Forsyth Street, Room 10M15
Wake Forest, NC 27587
Atlanta, Georgia 30303-8801
919-554-4884 ext 32
Phone: [phone]
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 op ortuni to participate in all site investigations.
Date.
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Jean Gibby, Field Office Chief, Raleigh Regulatory Field
Office, 3331 Heritage Trade Dr., suite 105, Wake Forest, NC 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]