20070924 Ver 1_USACE Permit_20070713

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' U.S. ARMY CORPS OF ENGINEERS o-~ - 0 9 a 4
WILMINGTON DISTRICT
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Action ID. SAW-2005-00695-065 County: New Hanover USGS Quad: Carolina Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Cypress Grove Land, LLC
Address: attn: Steve Shuttleworth
7741 Market Street, Suite H
Wilmington, NC 28411
Telephone No.: 910-686-4194
Size and location of property (water body, road name/number, town, etc.): The 52.63 acre tract is located off LT
Con~leton Road, west of Myrtle Grove Road, south of Sentry Oaks residential development, in unnamed
tributaries to Everett Creek, southeast of Wilmington, New Hanover County, NC..
Description of projects area and activity: Excavation of and discharge of fill material into 0.033 acres of
jurisdictional Waters of the United States (to include 0.0006 acres of temporary impact) and 148 linear feet of
stream channel, and approxmately 9 linear feet of temporary stream impact for the purpose of constructing the
infrastructure (roadways and utilities) for the proposed Tariin Woods residential development.
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: 29
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 [phone].
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 Jennifer Frve at 910-251-4923.
Corps Regulatory Official 4p - - ~ ~ ,`-~ ,~ Date: 07/12/2007
Expiration Date of Verification: 07/12/2009
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JUL 1 3 2007
WETLAND,gNJD TT01tgNN.A R~BRMICH
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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 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.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 3/22/2007. Action ID SAW-2005-00695-065
Copy Furnished:
SEG, Inc.,5315 South College Road, Suite E, Wilmington, NC 28412
Joanne Steenhuis, DENR-DWQ, WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
Ian McMillan, DENR-DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
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Action ID Number:SAW-2005-00695-065
Permittee: Cypress Grove Land, LLC
Date Permit Issued: 7/12/2007
Project Manager: Jennifer Frye
County:New Hanover
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
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
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

ACTION ID #SAW-2005-00695-065
SPECIAL CONDITIONS:
1) In order to compensate for impacts to 1481inear feet of warm water 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 1481inear feet of warm water stream
channel in the White Oak Basin (USGS Basin: Cape Fear), Cataloging Unit 03030001.
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.
2) The Permittee shall execute and cause to be recorded in the New Hanover County Register of Deeds the
Declaration of Covenants Conditions and Restrictions for Tarin Woods (see attached) for the purpose of
maintaining the preservation areas as shown on the Preservation Map for TARIN WOODS, dated
5/9/2007 and prepared by Coastal Site Design, PC (attached) in their natural and/or mitigated state in
perpetuity, within 30 days of this verification or prior to the sale or conveyance of the property,
whichever occurs first. The Permittee shall also record the Preservation Map with the New Hanover
County Register of Deeds at the same time the Declaration is recorded.
These provisions relating to the Preservation Areas cannot be amended or modified without the express
written consent of the U.S. Army Corps of Engineers, Wilmington District." *This includes changes as
a result of any local government drainage easement requirements*
The permittee shall enforce the terms of the Declaration and, prior to conveyance of the property, shall
take no action on the property described in the Declaration inconsistent with the terms thereof. The
permittee shall provide a copy of the recorded Declaration and recorded Survey to the Corps of
Engineers within 15 days of recording.
Corps Regulatory Official:` . ,~ Date: /d ~~..- ov a-