20091018 Ver 1_NWP Modification Request_20130627

Southern Environmental Group, Inc.
5315 5outb College Roan, Suite l— • Wilmington, North Carolina 28°4! 2
910.452.271 I • rax: 910.452.2899 • www.seg.us
22 April 2013
Electronic Mail
Ms. Crystal Amschler
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
[SEGi Project #: 07- 11111.011
Re: Request for Modification to Mitigation Requirements of NWP #14
HanPen Land Company, LLc & Buyers Brokers and Consultants, Inc.
Sandstone Mine -- Road Crossing
USACE AID #: SAW - 2009 -01806
DWQ Project # 091018
Dear Ms. Amschler,
With this letter, Southern Environmental Group, Inc. (SEGi), on behalf of HanPen Land Company, LLC
and Buyers Brokers and Consultants, Inc. (herein referred to as the "Permittees "), is requesting to modify
the special conditions of the existing Nationwide Permit (NWP) 14. As a result of the Permittee's
willingness to further minimize impacts to wetlands, SEGi is seeking to modify the permit to remove the
compensatory mitigation requirement, which consisted of making payment to the NCEEP In -Lieu Fee
(ILF) Program for 0.25 acre of riparian wetland restoration credit. The ILF credit was necessary to offset
the impact to 0.132 acre of riparian wetland impacts, which was necessary to facilitate the construction of
a road crossing. A copy of the NWP has been attached for your convenience.
The permitted plan proposed to span the stream with a 60' x 14', pile supported bridge with retaining
walls and wing walls. Fill would be necessary for the approaches of the bridge. During the construction
process, the Permittee decided to increase the length of the bridge trusses to 100' long, which allowed the
southern approach to the bridge (Impact Area A) to be shortened by 40 LF. This, in turn, reduced the
amount of rip -rap needed to protect the approach, as it will not longer be located in an area that
encounters high volumes of water. As a result, permanent wetland impacts were reduced by 0.061 acre
and on -site wetland restoration increased by 0.01 acre (see As -built Exhibit attached). In total, 0.071 acre
of riparian wetland impact and 0.036 acre of riparian wetland restoration have taken place at the site (see
attached site plan).
The restoration took place last week and was completed by removing the old road bed, using soils and
topo as a guide, and seeding with a wetland seed mix (see photos attached). It is anticipated that
continuous flooding in this area will promote natural re- vegetation. As required, the next monitoring
report is scheduled to be submitted on 1 June 2014.

joutkern environmental Group, Inc.
5515 joutk College Koad, Suit. 1= . Wilmington, North Carolina za+i 2
910.45z.z711 • raw 91OA5Z.2899 • wwwse i.us
With that said, SEGi and the Permittee respectfully request that the Nationwide Permit be modified to
remove payment to the NCEEP for Yz acre of riparian wetland restoration credit.
Thank you for your time and assistance with this project. We look forward to hearing from you.
Sincerely,
Dana A. Lutheran
Project Manager
Enclosures (3)
cc: Ms. Joanne Steenhuis — NCDWQ 401 Unit WiRO
Ms. Karen Higgins — NC DWQ 401 Oversight Raleigh
Mr. Jim Teachey — Buyers Brokers and Consultants, Inc.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D. SA'W- 2009 -01806 County: Pender USGS Quad: Scotts Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Mr. Richard Burrows Mr. Jim Teache
HanPen Land Coml2any, LLC Buyers, Brokers and Consultants Inc,
Address: 1430 Commonwealth Drive, Suite 102 1430 Commonwealth Drive, Suite 102
"Wilmington, NC 28466 Wilmington, NC 28466
Telephone No.: 910 -520 -4992 910 - 520 -4992
Size and location of property (water body, road name /number, town, etc.): The project area is located along an
unnamed tribute of Island Creek off of Sidbu Road south of Island Creek Road northeast of Wilmington
Pender County, North Carolina.
Description of projects area and activity: Sandstone Mine -Road Crossing. This permit authorizes the permanent
discharge of fill material into 0.132 acres of wetlands and the temporary discharge of fill material into 0.005 acres
of wetlands for the construction of a haul road associated with a mining operation. A 77 feet lon2 bridge will be
constructed across the stream 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: 14
PLEASE SEE GENERAL REGIONAL 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. 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 (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 395 -3900.
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 Ronnie Smith at 910- 251 -4829.
Corps Regulatory Official:. Ronnie Smith Date: February 22, 2011
Expiration Date of Verification: March 18,20f2-
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 Surveyor visit http : / /pert. nwp . usace . army. mil /survey. html to
complete the survey online.
Page 1 of

Determination of Jurisdiction:
❑ 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).
❑ 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.
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 USG § 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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued. Action ID:
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and is adjacent to an unnamed tributary of Island Creek, which is a navigable water of the United States. The subject water body
exhibits an ordinary high water mark as indicated by the presence of bed and banks and the absence of vegetation in the stream
channel. This approved jurisdiction determination applies only to the area where the road will be constructed and is limited to
Corps Regulatory Official:
Date: February 22, 2011
Expiration Date: February 22, 2016
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS
FORM, IF REQUIRED OR AVAILABLE.
Copy furnished:
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Page 2 of 2
Ms. Joanne Steenhuis
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405

Sandston Mine Road Crossin
HanPen Land Company, LLC- Buyer, Brokers and Consultants, Inc.
Pender County
AID# SAW- 2009 -1806
Special Conditions:
1) In order to compensate for impacts to 0.132 acres of wetlands the permittee shall make payment
to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by
the NCEEP, sufficient to perform the restoration of 0.25 acres of riparian wetlands in the Cape
Fear River Basin, Cataloging Unit 03030007. Construction within jurisdictional areas on the
property shall begin only after the permittee has made full payment to the NCEEP and provided a
copy of the payment documentation to the Corps, and the NCEEP has provided written
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required,
in compliance with the NCEEP In -Lieu Fee Instrument, approved by the United States Army
Corps of Engineers, Wilmington District on July, 28, 2010.
2) The permittee shall restore 0.026 acres of riparian wetlands at the project location in accordance with the
submitted mitigation plan and the following conditions:
A) The restoration work shall be completed prior to construction within the jurisdictional areas.
B) The minimum requirement to meet hydrology success criteria in the restored wetland areas will be saturation
within the upper 12 inches of the soil for 12.5% of the growing season.
C) In order to meet the vegetation success criteria, the restored wetland area must be dominated by more than
50 % hydrophytic vegetation.
D) The restoration area shall be monitored for a period of 5 years or until deemed successful by the Corps.
E) You shall provide annual monitoring reports to the Corps by June 1" of each year, the first submittal
within 30 days of completion of the restoration work. These reports must include a routine wetland
data form to document hydrologic success and hydrophytic vegetation dominance for the 0.026 acres
of restored wetlands.
F) There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or
other vegetation, except to hand remove invasive species that would prohibit the growth of
vegetation within the wetland restoration area until the monitoring period is complete and the Corps
has verified the success of the restoration.
Corp Regulatory official Ronnie Smith Date: February 22, 2011

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Sandstone Mine Wetland Restoration Photos
4 -22 -13
Restoration area prior to road bed was removed:
Please note wetland seed mix was applied but washed away with the recent heavy rains. Additional seed
will be applied.