20070397 Ver 1_USACE Permit_20070716

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U.S. ARMY CORPS OF ENGINEERS ~-d-
WILMINGTONDISTRICT
Action ID. 200500906 County: Pender USGS Quad: Topsail
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner : Frieze Enterprises Agent: The John R. McAdams Company
Address: attn: Gordon Frieze attn: Kevin Yates
5710 Oleander Drive 2905 Meridian Parkway
Wilmington, NC 28403 Durham. NC 27713
Telephone No.: 910-262-5450 919-361-5000
Size and location of property (water body, road name/number, town, etc.): The 32.46 acre tract is located at the
intersection of US Hi~hwav 17 and Ravenwood Road 1000 feet north of the intersection of US Hwy 17 and
Country Club Drive adiacent to Old Topsail Creek a tributary of the Intracoastal Waterway
Description of projects area and activity: The proposed Hampstead Commercial Park will require the impact of 0 36
acres of non riparian wetlands and 0.12 acres of temporary wetland impact
A licable Law: 0
pp ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403) ~ ~~ ~ 1 ~ 2 ~ ~ 7
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-39
DENR -WATER 4UALITY
SEE ATTACHED GENERAL AND SPECIAL CONDITIONS. ~ ANO Sr0!tAtyATER BRANCH
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application dated 6/29/2007 and plans C-2 dated 6/19/2007 as well as overall site map tract C
dated 1/31/2007. 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 .
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.
Corps Regulatory Official ~~~ Date: 7/5/2007
Expiration Date of Verification: 7/5/2009

Hampstead Commercial Development
Pender County
AID# 200500906
Special Conditions:
1) The permittee shall execute and cause to be recorded in the Pender County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers (Draft Conservation Declaration received 6/29/2007,
attached) for the purpose of maintaining the conservation areas (remaining wetlands not impacted), as
shown on the reviewed plat (entitled Exhibit A, Conservation Area Map-Sheet 1, dated 6/5/2007, attached)
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 0.36 acres of wetlands 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 0.36 acres of non-riparian wetlands in the White Oak River Basin,
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.
3) All temporary impacts associated with the access construction on SE side of the property should be restored
completely to the pre existing grade. Where practical logging mats should be used to reduce compaction from the
construction equipment.
Corp Regulatory Official ,/~ ` Date Jul 5, 2007
Y

Determination of Jurisdiction:
^ Based on preliminary information, there appeaz 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 azea 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 maybe relied upon for a period not to exceed five yeazs from the date of this
notification.
® There aze waters of the US and/or wetlands within the above described project azea 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 azea have been identified under a previous action. Please reference
jurisdictional determination issued .Action ID
Basis of Jurisdictional Determination: The subiect area exhibits wetland criteria as described in the 1987 COiDS Wetland
Corps Regulatory Official:
Date 7/5/2007
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis 127 Cazdinal Drive Extension Wilmington, NC 28405
NCDENR-DWQ attn: Cyndi Karoly 2321 Crabtree Blvd Raleigh, NC 27604-2260