20150342 Ver 1_USACE Permit_20141112

U.S. ARMY CORPS OF ENGINEERS
WILMING] ON DISTRICT
Action Id SANV- 2013 - 01674 County FOISNIII USC, S Quad NC- KERNERSVILLE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Peumrttee Paii Construction
Chris Parr O
Address P O Box -1088
Greensboro, NC, 27404
Telephone Number
Size (acres) Nearest l own
Nearest Watei way Fiddieis Creek River Basin Upper Yadkin Virginia, North Cal 01111a
USGS IIUC 3040101 Coordinates I atitude 36078852
Longitude - 80104768
Location desci rptron
Desclrptron of piojects aiea and activity Smith Crossing proposed multi - family apartment complex project located off of Union
Cross Road adjacent to a tributary of Fiddlers Creek, south of Keinersville, in l'orsyth County, North Carolina Propose project
constr ucUOn Includes road access construction resulting in frII of 0 099 acre of jurisdictional wetlands of Fiddle is Creek
Applicable Law ❑ Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Haibors Act, 33 USC 403)
Author IzaUOn Regional General Pei nut Number or Nationk Ide Penult Number NWP 39 Commei cial and Institutional
Developments.
SEE ATTACHED RGP or NWT GENERAL, REGIONAL AND SPECIAL CONDITIONS
You[ ivol It IS author ILed by the aboi e I eferenced pei unit provided it is accomplished in strict accoi dance with the attached
conditions and Jour submitted application and attached Information dated 11/04/2014 Any nrolation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop i %ork order, a i cstoi ation order, a Class
I administi ative penalty, and /or appropriate legal action
'I his verification will remain valid until the eapnation date identified below unless the nationwide authorization is modified
suspended of revoked If, prior to the e\puation date identified below, the nationwide permit authorization Is reissued and/or
modified, this verification will remain valid until the eapnatron date Identified below, provided it complies with all requirements of
the modified nationwide peinnrt If the nationwide permit authomation evpues o 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 halve 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 melve months of the date of the nation"ide 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 Watei Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requuements
ho activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CANIA),
prior to beginning %%oik you must contact the N C Division of Coastal Management in Morehead City, NC, at (252) 808 -2808
Ihis Department of the Almy verification does not ieheve the permittee of the responsibility to obtain any othei requned federal,
State or local approvals /permits
II there are any questions re��<11 Is verification, y of the conditions of the Per nut, ur the Cops of Lngmeels iegulatoy
program, please contact John Tho a at 91 -554 -4 v _5 or Joa T Thomas J12rdusace army nil
Cotps Reguldtoly Official J ,J Date 11/12/2014
L\pn ation Date of Vet if icatiol 03/18/2017

S %%%- 2013- 01(,74
Determination of Jut isdiction:
A ❑ Based on pie Iimmmy lilt ol III ation there appeal to be maters of the US utcIuding wetlands within the above described piojeet
area I his pielrmrnary deteimination is not an appealable action under the Regulatory Piogratn Admmislialive Appeal Process
( Reference 33 CI R Part 33 1)
R ❑ There are Navigable Waters of the United States mthiin the above desci abed project area subject to the permit requnements of
Section 10 of the Rivets and liaibors Act and Section 404 of the Clean Water Act Unless there is a change In the law of out
published iegulations this determination may be felted upon for a period not to e \ceed live years front the date of this
notification V
C ®-I here are waters of the US and /or wetlands within the above described project area subject to the permit requnements of
Section 404 of the Clean Watei Act (CWA)(33 USC § 1344) Unless there is a change tin the law o1 out published regulations
this determination may be ielied upon for a pet od not to e\ceed five } ears from the date of this notification
1) ❑ I he juusdictional iteas within the above described pioJect area have been identified undet a previous action Please reference
jut isdictional deteinunation issued Action ID SAW-
Basis For Determination: Site has tributary o f Fiddlers Cr eek which is a It ibutary of the Yadkin Rner %%hich
floes to the Pee Dee Rner in South Carolina and on to the Atlantice Ocean
Remarks:
E. Attention USDA Program Participants
'1 his delmeation /determination has been conducled to identify the limits of Corps' Clean Watei Act jurisdiction for the particulai site
identi lied ur this iegt.lest 1 he delineation /determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985 If you or) out tenant ate USDA Program participants, or anticipate participation In IJSDA programs, you should request
a Leitified wetland deteimination from the local office of the Natural Resources Conservation Seiv Ice, prtor to starting work
F. Appeals Information (This information applies only to appioved Jurisdictional determinations as I lid lc.ited In B
and C above)
I his correspondence constitutes an appioNcd jurisdictional determination tot the above described site If you object to this
determination, you may iequest an administiative appeal under Coips ie_gulations at 33 CFR Pait 331 Enclosed you will find a
Notification of Appeal Piocess (NAP) fact sheet and iequest foi appeal (Ri -A) form If you iequest to appeal this deteinunation you
must submit a completed RI A form to the following address
US Airily Corps of Engineeis
South Atlantic Division
Alin Jason Steele, Review Officer
60 foi syth Sit eet SW, Room l OM 15
Atlanta, Georgia 30303 -8801
Phone [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meLts the ci iteria for appeal
under 33 CFR pact 331 5, and that it has ben received by the revision Office within 60 days of the date of the NAP Should you
decide to submit an RFA form it must be served at the a ve addiess by
* *It is not necessaiv to subnut an RI' f m to th DIvIs n if ice I oil do not object to the determination nn this cot I espondence �*
C oips Regulatory Official _�
- - - - -- run Thomas
Date of JD 11/12/2014 T
F-\puauon Date ofJD 03/18/2017

S %W- 2013 -01674
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Copy tulmshed
Agent S &ME. Inc
Walter Cole
Address 3201 Spring Forest Road
Raleigh, NC, 27616
Telephone Number