20121017 Ver 3_Corps of Engineer Correspondence_20130625

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.: SAW- 2011 -01419 County: Onslow U.S.G.S. Quad: Hubert
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Onslow Development Group, LLC Agent: Parker & Associates, Inc.
attn: Eliiah Morton attn: Athan M. Parker, E.I.
Address: 121 Garnet Lane Address: 306 New Bridge Street
Jacksonville, NC 28546 Jacksonville, NC 28540
Size and location of property (water body, road name /number, town, etc.): The property is located between Parkertown
and Pittman Roads, approximately 0.4 mi. north of NC 24, in Hubert, Onslow County, North Carolina. Tax Parcel ID: 1306-
100.15.
Description of projects area and activity: The project involves permanent impacts to 0.017 ac. of riparian, non - riverine wetlands
and 19 linear feet of stream for the construction of access and infrastructure for Section IV of the Peytons Ridge residential
subdivision.
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 -14
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 application and attached information dated 5/16/2013 (received 5/21/2013), and revised
information dated 6/11/2013 (received 6/12/2013). 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 will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. 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 requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
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 (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808 -2808.
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 David E. Bailey at 910 -251 -4469.
Corps Regulatory Official Date: 6/20/2013
Expiration Date of Verification: 3/18/2017
Copy Furnished:
Joanne Steenhuis . NCDENR -DWQ, 127 Cardinal Drive Extension, Wilmington, NC 28405
Page 1 of 2

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 (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.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 9/26/2011. Action ID SAW- 2011 -01419 .
Corps Regulatory Official:
Expiration Date 9/26/2016
Copy Furnished:
Joanne Steenhuis , NCDENR -DWQ, 127 Cardinal Drive Extension, Wilmington, NC 28405
Page 2 of 9

Special conditions:
Peytons Ridge subdivision, Section IV
AID# 2011 01419
1) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requirements of this form, including any special conditions listed on
this form, are hereby incorporated as special conditions of this permit authorization.
2) The following deed notification should be included in the recorded restrictive covenants for the subdivision
before property containing wetlands is conveyed. Any alteration to this language should be approved
before incorporation.
"A portion of subdivision has been determined to meet the requirements for designation as a wetland. Any
subsequent fill or alteration of this area shall conform to the requirements of the federal rules addressing
wetland impact noted in the Code of Federal Register at the time of the proposed alteration. The intent of
this provision is to prevent additional wetland and stream impact, so the property owner should not assume
that a future application for filling or alteration would be approved. The property owner shall report the
name of the subdivision in any application pertaining to said rules. This covenant is to run with the land
and shall be binding on all parties and all persons claiming under them."
3) The wetland boundary, as marked on the "Wetlands Overall Map — Sheets 1 through 27" (signed by the
Corps of Engineers on 9/26/2011), shall be physically /visually identified using silt fence, safety fence, or
similar products during all phases of construction in the following areas:
a. The limits of the wetland impacts authorized by this permit as shown on the "Wetlands Impact Map —
Sheet 2 of 2" submitted with the PCN application and attached information 6/11/2013 (received
6/12/2013).
b. The wetland boundaries within 50 feet of all construction and other land disturbing activities within the
Peytons Ridge subdivision project.
4) Please note that future phases /sections of the area encompassed by the SAW- 2011 -1419 Jurisdictional
Determinations may be considered part of a single and complete project, and impacts may be considered
cumulative with impacts permitted during earlier phases /sections of Peytons Ridge subdivision. As such, if
impacts proposed in these areas in combination with impacts permitted in Peytons Ridge exceed the
Nationwide Permit threshold, future phases /sections may be subject to Individual Permit review. Current
authorized permanent impacts to Waters of the U.S. for the Peytons Ridge single and complete project
total 0.241 acre, including impacts to 0.219 acre of riparian, non - riverine wetlands and 164 linear feet
(0.022 acre) of stream.
Date:
Project Manager
Page 3 of 9

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Onslow Development Group, LLC Action ID: SAW- 2011 -01419
Project Name: Section IV, Peytons Ridge residential subdivision County: Onslow
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03020106. White Oak River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian
Riparian
Non- Riparian
Coastal
Riverine
Non - riverine
19
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03020106, White Oak River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riverine
Non - riverine
19
Mitigation Site Debited: NCEEP
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 18 September, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank /ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank /ILF Instrument.
Comments /Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager:
USACE Field Office:
Email:
David Bailey
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
David.E.Bailev2 @usace.army.mil
June 20, 2013
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http: / /ribits.usace.army.mi1.
Page 2 of 2
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 http1I Tgulatory ..usacesurv_cLcom/ to complete the survey online.

Action ID Number: 2011 01419 County: Onslow
Permittee: Onslow Development Group, LLC
Date Permit Issued: 6/20/2013
Project Manager: Bailey
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
WILMINGTON REGULATORY FIELD OFFICE
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403
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
Page 4 of 9
Date

CESAW -RG
Application No. SAW -2011 -01419
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting Nationwide Permit /Regional General Permit
Verification
1. Applicant: Elijah Morton, Onslow Development Group, LLC
2. Project Location (Waterway, Section, Township, Range, City, County, State):
UT to Queens Creek, Onslow County, North Carolina, 34.7294043729497, - 77.1898108371079.
3. Pre - Construction Notification Receipt Date: 5/21/2013
Complete? ❑Yes ®No
4. Additional Information Requested Date: 5/28/2013
5. Pre - Construction Notification Complete Date: 6/12/2013
6. Waters of the US:
*see Jurisdictional Determination form(s) and /or Preliminary JD letter(s) dated: 9/26/2011
7. Authority: Section 404
8. Project Description (Describe activities in waters of the U.S. considered for verification): Access and
infrastructure for a proposed residential subdivision called Peytons Ridge, section IV.
9. Type of Permit Requested: NWP 14 Linear Transportation Projects.
10. Pre - construction Notification Required: ®Yes ❑No
with PCN
11. Waiver required to begin work (see GC 27 (a)(2) as applied to appropriate NWPs):
❑Yes ® No
Rationale:
12. Coordination with Agencies /Tribes Needed: ❑Yes ®No Date:
Resolution:
13. Commenting Agencies:
a. US Fish and Wildlife Service
b. US Environmental Protection Agency
c. National Marine Fisheries Service
d. State Agency (list commenting state agencies)
Page 5 of 9

e. State Historic Preservation Office
f. Other:
14. Substantive Issues Raised and Corps Resolution (Consideration of Comments):
15. Compliance with Other Federal Laws (If specific law is not applicable write N /A):
a. Endangered Species Act: No resources present, see attached map.
(1) Name of species present:
(2) Effects determination:
(3) Date of Service(s) concurrence:
(4) Basis for "no effect" determination:
(5) Additional information (optional):
b. Magnuson- Stevens Act (Essential Fish Habitat): No resources present.
(1) Name of species present:
(2) Effects determination:
(3) Date of Service(s) concurrence: Basis for "no effect' determination:
(4) Additional information (optional):
c. Section 106 of the National Historic Preservation Act: No resources present, see attached map
(1) Known site present: ❑ yes ® no
(2) Survey required /conducted: ❑ yes ® no
(3) Effects determination:
(4) Rationale:
(5) Date consultation complete (if necessary):
(6) Additional information (optional):
d. Section 401 Water Quality Certification:
(1) Individual certification required: ❑ yes ❑ no
(2) Individual Certification: ❑Issued ❑ Waived ❑Denied
Wage 6 of 9

e. Coastal Zone Management Act:
(1) Individual certification required: ❑ yes ® no
(2) Individual certification: ❑Issued ❑Waived ❑Denied
(3) Additional information (optional):
f. Wild and Scenic Rivers Act:
(1) Project located on designated or "study" river: ❑ yes ®no
(2) Managing Agency:
(3) Date written determination provided that the project will not adversely affect the Wild and Scenic
River designation or study status:
(4) Additional information (optional):
g. Other
16. Special Conditions Required (include rationale for each required condition /explanation for requiring
no special conditions): ® yes ❑ no
a. The activity is conducted in accordance with the infonnation submitted and meets the conditions applicable to the
NWP, as described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions.
In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the
provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer
Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated
as special conditions of this permit authorization.
** *Rationale: As required by NW Permit Condition # 20c - compensatory mitigation was required due to impacts
higher than the mitigation threshold. A 1:1 mitigation ratio was warranted for stream impacts was warranted due to
the intermittent nature of each stream in question, as well as the previously channelized nature of the crossing.
Wetlands impacted were previously modified and of such a low quantity as to not require compensatory mitigation.
c. The following deed notification should be included in the recorded restrictive covenants for the subdivision before
property containing wetlands is conveyed. Any alteration to this language should be approved before incorporation.
"A portion of subdivision has been determined to meet the requirements for designation as a wetland. Any
subsequent fill or alteration of this area shall conform to the requirements of the federal rules addressing wetland
impact noted in the Code of Federal Register at the time of the proposed alteration. The intent of this provision is to
prevent additional wetland and stream impact, so the property owner should not assume that a future application for
filling or alteration would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is to run with the land and shall be binding on all parties and all
persons claiming under them."
** *Rationale: This condition was included to reduce the likelihood of secondary and cumulative impacts to
wetlands beyond the permitted impact limits, given that the majority of Lots sold off within the subdivision contain
wetlands.
Page 7 of 9

The wetland boundary, as marked on the "Wetlands Overall Map — Sheets 1 through 27" (signed by the Corps of
Engineers on 9/26/2011), shall be physically /visually identified using silt fence, safety fence, or similar products
during all phases of construction in the following areas:
1) The limits of the wetland impacts authorized by this permit as shown on the "Wetlands Impact Map — Sheet
2 of 2" submitted with the PCN application and attached information 6/11/2013 (received 6/12/2013).
2) The wetland boundaries within 50 feet of all construction and other land disturbing activities within the
Peyton's Ridge subdivision project.
** *Rationale: This condition was included as an avoidance and minimization measure, and to reduce the likelihood
of secondary and cumulative impacts to wetlands beyond the permitted impact limits. Visually identifying and
fencing off wetland areas helps to keep fill material and disturbance within the permitted impact footprint.
Please note that future phases /sections of the area encompassed by the SAW- 2011 -1419 Jurisdictional
Determinations may be considered part of a single and complete project, and impacts may be considered
cumulative with impacts permitted during earlier phases /sections of Peytons Ridge subdivision. As such, if impacts
proposed in these areas in combination with impacts permitted in Peytons Ridge exceed the Nationwide Permit
threshold, future phases /sections may be subject to Individual Permit review. Current authorized permanent
impacts to Waters of the U.S. for the Peytons Ridge single and complete project total 0.241 acre, including impacts
to 0.219 acre of riparian, non - riverine wetlands and 164 linear feet (0.022 acre) of stream.
** *Rationale: This condition was included to notify the applicant of our requirement to approach multiple phases
of a subdivision as a single and complete project.
17. Compensatory Mitigation Determination: The applicant has avoided and minimized impacts to the
maximum extent practicable.
a. Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce
the individual and cumulative adverse environmental effects to a minimal level? Yes
® yes ❑ no [If "no, " do not complete the rest of this section and include an explanation of why not here]
no
b. Is the impact in the service area of an approved mitigation bank? ❑ yes ® no
(1) Does the mitigation bank have appropriate number and resource type of credits available? ❑ yes ❑
c. Is the impact in the service area of an approved in -lieu fee program? ® yes ❑no
(a) Does the in -lieu fee program have appropriate number and resource type of credits available? ❑ yes
❑ no
d. Check the selected compensatory mitigation option(s):
❑ mitigation bank credits
❑ in -lieu fee program credits
❑ permittee - responsible mitigation under a watershed approach
❑ permittee- responsible mitigation,. on -site and in -kind
❑ permittee - responsible mitigation, off -site and out -of -kind
e. If a selected compensatory mitigation option deviates from the order of the options presented in
§332.3(b)(2) -(6), explain why the selected compensatory mitigation option is environmentally preferable.
Page 8 of 9

Address the criteria provided in §3323(a)(1) (i.e., the likelihood for ecological success and sustainability, the
location of the compensation site relative to the impact site and their significance within the watershed, and the
costs of the compensatory mitigation project):
Compensatory mitigation is required from the NCEEP. The applicant reduced and minimized wetland impacts
by designing the road crossing to utilize a pre- existing logging road. Also, Lots within the subdivision are
generally large and have plenty of upland space to construct a house and access. Given this effort at reducing
the likelihood of secondary and cumulative impacts, as well as the intermittent nature of the stream in question,
we granted the applicant's proposal to reduce the compensatory mitigation ratio to 1:1 for streams.
Compensatory wetland mitigation is not warranted due to the low quality of the wetlands in question, which had
been previously modified due to logging activity, as well as the very small quantity of wetland impacts
proposed.
Determination (Reference General Condition 27(e)):
The proposed activity, with proposed mitigation (if applicable) would result in no more than minimal individual
and cumulative adverse environmental effects and would not be contrary to the public interest provided the
special conditions and /or modifications identified in the above sections are incorporated. This project complies
with all terms and conditions of NWP 14 Linear Transportation Projects, including any applicable regional
conditions.
PREPARED BY:
Date: _6/20/2013
David E. Bailey
Page 9 of 9

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NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Linear Transportation Projects. Activities required for the construction, expansion,
modification, or improvement of linear transportation projects (e.g., roads, highways, railways,
trails, airport runways, and taxiways) in waters of the United States. For linear transportation
projects in non -tidal waters, the discharge cannot cause the loss of greater than 1/2 -acre of waters
of the United States. For linear transportation projects in tidal waters, the discharge cannot cause
the loss of greater than 1/3 -acre of waters of the United States. Any stream channel modification,
including bank stabilization, is limited to the minimum necessary to construct or protect the
linear transportation project; such modifications must be in the immediate vicinity of the project.
This NWP also authorizes temporary structures, fills, and work necessary to construct the
linear transportation project. Appropriate measures must be taken to maintain normal
downstream flows and minimize flooding to the maximum extent practicable, when temporary
structures, work, and discharges, including cofferdams, are necessary for construction activities,
access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be
placed in a manner, that will not be eroded by expected high flows. Temporary fills must be
removed in their entirety and the affected areas returned to pre - construction elevations. The areas
affected by temporary fills must be revegetated, as appropriate.
This NWP cannot be used to authorize non - linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars.
Notification: The nermittee must submit a pre- construction notification to the district
engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds
1/10 -acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general
condition 31.) (Sections 10 and 404)
Note: Some discharges for the construction of farm roads or forest roads, or temporary
roads for moving mining equipment, may qualify for an exemption under Section 404(1) of the
Clean Water Act (see 33 CFR 323.4).
This Nationwide Permit and its terms and conditions were mailed to the
Permittee on 0l Z4 /?_0 l s
Senders Printed Name at", 0( E -94"
Senders Signature