20061829 Ver 1_USACE Permit_20070116

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U.S. ARMY CORPS OF ENGINEERS p to _ , g ~9
WILMINGTON DISTRICT
Action ID. 2006 40100 067 County: Onslow USGS Quad: Hubert
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Hurst Law Properties, LLC Agent: Stroud Engineering, P.A.
Address: attn: Ginger Turner - 7
P.O. Box 1371 151-A Hwy 24 -'
Lumberton, NC 28359 Morehead City, NC 28557 I ~ I / ~ d
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Telephone No.: 910-739-0621 252-247-7479
Size and location of property (water body, road name/number, town, etc.): The 33.146 acre tract (Quail Roost
Subdivision) is located 2.75 miles south of the intersection of NCSR 1509 and Hwy 24 along NCSR 1565
(Smallwood Road) adjacent to unnamed tributaries of Parrot Swamp.
Description of projects area and activity: The infrastructure of this new subdivision requires impact to 0.1884 acres
of wetlands and 621inear feet of intermittent channel. ~ -
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: NW-39
SEE ATTACHED NATIONWIDE 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 plans dated sheet 1 and 2 of 2 entitled wetlands impact dated 8/21/2006. 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 oi3the existing NWPs are sc~ieduled to be modified,
reissued, or revoked prior to March 18, 2007. 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. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
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 wider the Coastal Area Management Act (LAMA),
prior to beguuiing 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 Brad Shaver at 910-251-4611.
Corps Regulatory Official ~~„~~ Date: January 3, 2007
Expiration Date of Verification: March 18, 2007
The Wilmington District is committed to providing the highest level of support to the public. Tdehelp us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Extension Wilmington, NC 2 4 ~ ~ . - ~- ~s, ~,~'" ~ ~"~
NCDENR-DWQ attn: Cyndi Karoly 2321 Crabtree Blvd Raleigh, NC 27604-2260 ~ ~ ~~ `~ ~ ~~'~
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Quail Roost
Onslow County
AID# 2006 40100 067
Special Conditions:
1) The permittee shall execute and cause to be recorded in the Onslow County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers (draft reviewed and approved received 12/11/2006 by
email) for the purpose of maintaining the conservation areas, as shown on the reviewed plat (wetlands
preservation plan dated 12/28/2006) in their natural state in perpetuity, prior to the sale or conveyance of
any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive
covenants and, prior to conveyance of the property, shall take no action on the property described in the
covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded
restrictive covenants to the Corps of Engineers within 15 days of recording.
2) In order to compensate for impacts to 0.1884 acres of non-riparian wetlands and 62 linear feet of stream
channel, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC
EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.1884 acres of
non-riparian wetlands and 62 linear feet of stream channel in the White Oak River Basin, Cataloging Unit
03020106.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP
has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation
work required, in compliance with the MOU between the North Carolina Department of Environment and
Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November
4, 1998.
3) Any future phases of existing subdivisions that share common private utilities may be subject to review
under the standard permit process, since permanent cumulative impacts have exceeded an 0.50 acre for
properties developed by the Hurst Law Properties,LLC in this area. Future phases may be interpreted as
those that share utilities and which may neighbor, border, or be considered adjacent to previously
authorized phases.
Corp Regulatory Official Date January 3, 2007,