20070540 Ver 1_USACE Correspondence_20070904

a..-r ~ a~ - 0 5 ~} o
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
August 23, 2007
Action ID No. SAW-2006-32549-067 and State Permit No. 155-06
D
SEP 4 ~, GUUI
DENR -WATER Qu; ,~;'i Y
1MET1MIQS AND STORMf~AT~ gip
Hark Properties
1900 Eastwood Road
Wilmington, NC 28403
Dear Sir:
Reference your application received June 2, 2006 for Department of the Army (DA)
authorization to remove 300 feet of an existing causeway to create coastal marsh at the end of
Permuda Island Causeway, adjacent to Stump Sound in North Topsail Beach, Onslow County,
North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291 (enclosed). Therefore, you may commence
construction activity in strict accordance with applicable State authorization, the approved plan
(enclosed). Failure to comply with the State authorization or conditions of the general permit
could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for any
other reason, plans revised to show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any such change or alteration.
Such action is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments maybe addressed to me at the Wilmington Field Office, Regulatory
Division, at telephone [phone].
Sincerely,
~~~
Dave Timpy, Project Manager
Wilmington Regulatory Field Office

Copy Furnished:
North Carolina Coastal Federation
131 Racine Drive _
Wilmington, NC 28403
Copies Furnished without enclosure:
s. Cyndi Karoly
ivision of Environmental Management
North Carolina Department of Environment
and Natural Resources, Wetlands Division
2321 Crabtree Blvd, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Ronald J. Mikulak, Chief
Wetlands Section -Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
2
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Jim Gregson
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Ext
Wilmington NC 28405-5406

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
AFTER THE FACT AUTHORIZATION
Action ID. 2007 1809 071 County: Pender USGS Quad: Wallace East
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Progress Energy-Carolinas
Address: attn: Mr. Kenneth Kara
1451 Military Cutoff Road
Wilmington, NC 28403-3612
Agent: Progress Energy-Carolinas
attn• W.T. Bryson
P.O. Bog 1981
Raleigh, NC 27602
Size and location of property (water body, road name/number, town, etc.): The project site is located at the eastern end
of River Road located off Hwy 117 as it crosses the NE Cape Fear River. Pender County.
Description of projects area and activity: This verification covers an aerial crossing of the NE Cape Fear Rivera
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-12
SEE ATTACHED NATIONWIDE 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 3/22/2007 and email dated August 23, 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 ay 910-251-4611.
Corps Regulatory Official '~.../~ f ~~,,,,,~/< Date: August 24, 2007
Expiration Date of Verification: August 24.2009
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.army.miUWETLANDS/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 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 is the NE Cane Fear River, a traditional navigable water of the US.
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
In 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 10/24/2007.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: `~
Date August 24, 2007
Expiration Date August 24, 2009
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405
NCDENR-DWQ attn: Cyndi Karoly 2321 Crabtree Blvd Raleigh, NC 27604-2260
Page 2 of 2