20040047 Ver 3_More Info Received_20120223

Strickland, Bev
From: Mcmillan, Ian
Sent: Thursday, February 23, 2012 10:18 AM
To: Strickland, Bev; Dennison, Laurie
Subject: FW: Village at Motts Landing signed map and tear sheet
Attachments: VAML Signed Wetland Survey 062711.pdf; VAML tear sheet 062711.pdf
DWQ No. 04 -0047, Ver. 3
Ian J. McMillan, PWS, GISP
NCDENR/Division of Water Quality - Wetlands and Stormwater Branch
1650 Mail Service Center
Raleigh, NC 27699 -1650
Office: (919) 807 -6364
Fag: (919) 807 -6494
Email: ian.mcmillan.denr(a mmail.com SENT TO MY PHONE
Email: ian.memillan(a�,ncdenr.gov
E -mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Coburn, Chad
Sent: Wednesday, February 22, 2012 3:29 PM
To: Mcmillan, Ian
Subject: FW: Village at Motts Landing signed map and tear sheet
FYI
From: David Scibetta [mailto:dscibetta 0)segi.us1
Sent: Wednesday, February 22, 2012 3:21 PM
To: Coburn, Chad
Subject: Village at Motts Landing signed map and tear sheet
Chad,
The materials you have requested. I wondered why you didn't get a copy back when she signed it, and noticed nobody
was copied, except us. Sorry about that. I didn't attach the metes and bounds, but can furnish them upon request. Tried to
keep the size of the attachments down.
David Scibetta
SEGO
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Phone: [phone]
Fax: [phone]
Mobile: [phone]

11 �- ` u D
U.S. ARMY CORPS OF ENGINEERS i1
WILMINGTON DISTRICT
Action Id. SAW -2009 -01847 County: New Hanover U.S.G.S. Quad: Wilmin $4ton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: AFTEW Properties LLC
C/o Dr. Arnold Sobol
Address: 2020 Churchill Drive S.
Wilmington, North Carolina 28403
Telephone No.: (910) 763 -4742
Property description:
Size (acres) --162 ac.
Nearest Waterway Motts Creek
USGS HUC 03030005
Agent: Southern Environmental Group, Inc.
C/o David Scibetta
5315 College Road, Suite E
Wilmington, NC 28412
Nearest Town Wilmington
River Basin Cape Fear
Coordinates N-34.1248, W - 77.9109
Location description The project area is the greater portion of the subdivision known as the Village at Motts Landing,
located on both east and west sides of River Road north of Sanders Road west of Carolina Beach Road Wilmington, New
Hanover County, North Carolina. Parcel IDs R07600 -006- 012 -000 and R07500- 004 -006 -000.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this
property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional
determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property 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.
X There are waters of the U.S. includin2 wetlands on the above described pro4ect 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
re ulations this determination may be relied upon fora period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present
workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation,
you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetland on your project area have been delineated and the delineation has been verified by the
Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified
by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. includin2 wetlands have been delineated and surveyed and are accurately depicted an the Pla t
signed by the Corps Re ulatory Official identified below on 612712011. Unless there is a change in the law or our
Published regulations, this determination may be relied upon fora period not to exceed live years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (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 property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management Act
CAMA . You should contact the Division of Coastal Management in Wilmington, IBC at 910 796 -7215 to determine
their requirements.
Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination
and /or the Corps regulatory program, please contact Emily Hughes at 910 -251 -4635.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is ad'acent to Mott Creek
a Navigable Water of the U.S. This determination is based on information submitted by SEG. Inc. and a site visit by Emil
Hughes on 311712011.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
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:
District Engineer, Wilmington Regulatory Division
Attn: Emily Hughes, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Ave.
Wilmington, North Carolina 28403 -1398
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 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 8127/2011.
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. **
Corps Regulatory Official:
Date June 27, 2011
Action Id. SAW -2009 -01847
Expiration Date June 27, 2016
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 : / /reaulatory.usacesurvev.com/ to complete the survey
online.
Copy furnished:

NOTIFICATION OF ADMINISTRATIVE APPEAL, OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Dr. Arnold Sob ol, AFTEW Properties File Number: 2009 -01847
Date: 6/27/2011
Attached is:
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
X
APPROVED JURISDICTIONAL DETERMINATION
D
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.anny.mil/CECW /Pages /reg_materials.aspx 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 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 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 division 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 fitrther 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,
you 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 appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
Ms. Emily Hughes
Mr. Jason Steele
Regulatory Specialist
Administrative Appeals Review Officer
69 Darlington Avenue
60 Forsyth Street, SW (Room 9M 10)
Wilmington, NC 28403 -1343
Atlanta, GA 30303 -8801
910 -251 -4635
404 -562 -5137
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 opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.

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