20140195 Ver 1_USACE Permit_20140714

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2013 -01819 County: New Hanover State Permit#: 24 -81
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Permittee: Mr. D. Logan
SEL Property Investors, LLC
60 Gregory Road, Suite 1
Belville, North Carolina 28451
Telephone Number:
1 —o / a�rD
JUL 1 4 2014
D Nft - V A—TME dUZITY
Size (acres) 95 Nearest Town Wilmington —
Nearest Waterway AIWW River Basin Cape Fear
USGS HUC 03030001 Coordinates Latitude: 34.1387
Longitude: - 77.8661
Location description: The project area is adjacent to the AIWW and is located 100 Aqua Vista Drive in
Wilmington, New Hanover County, North Carolina.
Description of projects area and activity: Emmarts Landing. The applicant proposes to develop a residential
subdivision and marina adiacent to Masonboro Sound /AIWW. The proposed proiect would involve the
excavation of 1,788 square feet (0.041 acres) of coastal wetlands for the construction of a boat ramp and an
access channel for a marina, discharge of fill material into 1,684 square feet (0.038 acres) of waters of the
United States (ditches /channelized features) for the construction of roadways, lots and a storm water
management facility, and dredging into 36,200 square feet within the existing basin and in areas previously
authorized. The proiect would also involve the construction of breakwaters within the existing man -made
open water basin and the construction of jetties and dolphins in Masonboro Sound on both sides of the
marina access channel. All excavated material will be disposed of in an existing spoil disposal site located on
the Property. The applicant proposes to restore approximately 4,000 square feet of coastal wetlands as
compensatory mitigation for the coastal wetland impacts. The proposed marina would accommodate 75
formalized slips and its development would involve the construction of floating docks, finger niers. access
ramps, buoys and a dolphin.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291
SEE ATTACHED RGP or NWP GENERAL, REGIONAL 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 CAMA application and information dated February 17, 2014.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, 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.
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.

SAW- 2013 -01819
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 or by email at
ronnie.d.smith(a,usace.army.mil
Corps Regulatory Official: Ronnie Smith Date: July 10, 2014
Expiration Date of Verification: December 31, 2016
2

SAW - 2013 -01819
Determination of Jurisdiction:
A. ❑ 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 I ( Reference 33 CFR Part 331).
B. ® 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.
C. ® 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.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued December 2, 2013. Action ID: SAW- 2013 - 01819.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and appropriate regional supplement and is adiacent to the Atlantic
Intracoastal Waterway, which is a navigable water of the United States pursuant to the policies and criteria
set forth in 33 CFR part 329. The site exhibits water bodies with ordinary hieh water marks as indicated by
the presence of water staining, changes in the character of soil and the absence of vegetation from the
channel. The water body is a tributary to the AIWW. This determination is based on a site visit conducted by
Ronnie Smith with the U.S. Army Corps of Engineers on October 2, 2013.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved Jurisdictional determinations as
indicated in B and C above).
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:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M 15
Atlanta, Georgia 30303 -8801
Phone: [phone]

SAW- 2013 -01819
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 Division 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
September 8, 2014.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * *_ -
Corps Regulatory Official: \
Ronnie Smith
Date of JD: July 10, 2014
Expiration Date of JD: December 2, 2018 (date of signed survey)
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 our Customer Satisfaction Survey, located online at
http: / /re ug lato y.usacesurvexcom/.
Enclosures:
GP 291 Conditions
CAMA Permit
Copy Furnished with Enclosures:
Mr. Steve Morrison
Land Management Group, Inc.
3805 Wrightsville Avenue
Wilmington, North Carolina 28403
Copy Furnished without Enclosures:
Mr. Jonathon Howell
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Mr. Robb Mairs
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
4

SAW- 2013 -01819
Mr. Chad Coburn
North Carolina Department of
Environment and Natural Resources
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110
Ms.- Karen-Higgins-7
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, GA 30303 -8960
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512