20052253 Ver 2_Other Agency Correspondence_20070817

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200600272 County: Onslow USGS Quad: Jacksonville North
GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION
Properly Owner: John Koenig
Address: 6432 Yadkin Road
Fayetteville, NC 28303
Agent: Hal Owen and Associates Inc.
attn: Hal Owen
P.O. Box 400
Lillington, NC 27546
Size and location of property (water body, road name/number, town, etc.): The 22.44 acre tract is Section II of
Kensington Park subdivision located near the intersection of Gum Branch Road and the future Western Blvd
Extension iust north of Jacksonville, Onslow County.
Description of projects azea and activity: This verification covers the impact to 0 09 acres of riparian wetlands
0.0083 acres of non-riparian wetlands and 86 feet of perennial stream for the infrastructure of Kensington Park
Section II.
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-29
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 dated 6/21/2007, revised PCN sheets 8-10 of 13 received on July 30, 2007, wetland
crossing #1 plan revised July 26, 2007, wetland crossing #2 plan prepared May 4, 2007, and general stormwater erosion
control plan last revised on 7/17/2007 by Crystal Coast Engineering. 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 E~}g~n~a s regulatory
program, please contact Brad Shaver at 910-251-4611. ~0~ ~ ~~~ ~y ~ ~s~`~~ ~~
Li V
Corps Regulatory Official Date: 8/10/2007 A ~-~ ~ ~ ~ 2 0 ~ T
Expiration Date of Verification: 8/10/2009
iVEiLANQ .~,~p.S'tOR~AI~v. TEABRAklCH
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.army.mil/WETLANDS/index.html to
complete the survey online.
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a
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 maybe 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 .Action ID
Basis of Jurisdictional Determination: The subiect area exhibits wetland criteria as described in the 1987 Corns Delineation
Manual. The wetlands were abutting an unnamed relatively permanent water bodv which is a tributary of the New River
Onslow County.
Appeals Information (This information applies only to approved jurisdictional determinations.)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Brad Shaver, Project Manager,
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
]n order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 10/10/2007.
**It is not necessary to submit an RFA ~fo~r~m to~ the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: C.~ l'~qi{/`
Date 8/10/2007
Expiration Date 8/10/2009
Copy Furnished:
NCDENR-DWQ attn: oanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405
NCDENR-DWQ attn a. 2321 Crabtree Blvd Raleigh, NC 27604-2260
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Kensington Park Phase II
Onslow County
AID# 200600272
Special Conditions:
1) The permittee shall execute and cause to be recorded in the Onslow County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas
(unimpacted wetlands), as shown on the reviewed plat (entitled Wetland Delineation Map prepared for
John Koenig dated March 19, 2007) 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 0.0983 acres of wetlands and 86 linear feet of 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 0.0983 acres of non riparian
wetlands and 861inear feet of stream channel 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.
Corp Regulatory Official
Date August 10, 2007_
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