20070945 Ver 1_Other Agency Comments_20070720

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U.S. ARMY CORPS OF ENGINEERS o`J - 0 9 ~ S
WILMINGTON DISTRICT
Action ID. 2007-01320 County: Harnett USGS Quad: Erwin
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
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Property Owner /Authorized Agent: Mr. H. A. Hardy ~ 0 ~~ ~ ~ ~`~'~-" ~ _~' j `~°t~' -~
Oldcastle Adams Products Company --~ ~1,
Address: PO Box 189
Morrisville, NC 27560 J~jL 4 ~ ZOQ~
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Telephone No.: 919-461-8243
Size and location of property (water body, road name/number, town, etc.): The property is adiacent to an unnamed
tributary of the Black River and is located off of US Highway 301 between Ma Kitchen Road and Arrowhead
Road, south of Dunn, Harnett County, North Carolina.
Description of projects area and activity: This Hermit authorizes impacts to 341inear feet of stream and 0.12 acres of
wetlands for the construction of a railroad that will service the Adams Product's brick and block production plant.
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
See attached special, general and regional conditions for this permit.
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 .
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 ~,~" ~" Date: 7/16/07
Expiration Date of Verification: 7/16/2009
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 Survey or visit http://www.saw.usace.anny.mil/WETLANDS/index.html to
complete the survey online.
Page 1 of 2

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 maybe 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 Wetlands Delineation
Manual and the wetlands are adiacent to and directly abutting a relatively permanent water bodv that is an unnamed
Corps Regulatory Official:
Date: 7/16/07
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIlZED OR AVAILABLE.
Copies Furnished:
Mr. Jason Godwin
Enoch Engineers, PA
1403 NC Highway 50 South
Benson, NC 27504
Coleen Sullins
NCDENR-DWQ
1650 Mail Service Center
Raleigh, NC 27699
Lauren Cobb
NCDENR-DWQ
1628 Mail Service Center
Raleigh, NC 27699
Page 2 of 2

Adams Products
Oldcastle Adams Products
Harnett County
AID# 2007-01320
Special Conditions:
a. The Permittee shall preserve and maintain 1.34 acres of stream buffer, including DA jurisdictional
wetlands, as indicated on the attached plat, titled "Exhibit A" Conservation Declaration for Adams
Products and dated July 11, 2007. The Permittee is prohibited from performing any of the following
activities on the property: Filling; grading; excavating; earth movement of any kind; construction of
roads, walkways, buildings, signs, or any other structure; any activity that may alter the drainage
patterns on the property; the destruction, mowing, or other alteration of vegetation on the property;
disposal or storage of any garbage, trash, or other waste material; or any other activity which would
result in the stream or wetlands being adversely impacted or destroyed. The Permittee shall execute
and cause to be recorded in the Harnett County Register of Deeds, the Conservation Declaration and
survey for Adams Products that was agreed upon by the permitee and the Corps of Engineers and
was provided to the Corps on July 12, 2007.
b. Prior to beginning the work authorized by this permit, the Permittee shall provide a copy of the
recorded conservation declaration and the recorded survey to the Corps of Engineers.
These provisions relating to the stream buffer and wetlands cannot be amended or modified without the
express written consent of the U.S. Army Corps of Engineers, Wilmington District.
Corp Regulatory Official Ronnie Smith Date: July 16, 2007