20052197 Ver 4_More Info Received_20150529

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id: SAW- 2006 -41723 County: Brunswick U.S.G.S. Quad: NC- LOCKWOODS FOLLY
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Size (acres) 69.36 acres
Nearest Waterway Tributary to Lockwoods Folly
USGS HUC 03030001
Nearest Town Supply
River Basin Cane Fear
Coordinates Latitude: 33.9975 N
Longitude: - 78.2116 W
Location description: The proiect is located at the Avalon Subdivision, 1389 Old Lennon'Road in the town of Supply,
Brunswick County, North Carolina (Parcel 203920913415).
Description of projects area and activity: The Corps issued a Nationwide Permit verification on August 7, 2007, authorizing
permanent impacts to 0.25 acres of jurisdictional wetlands, 0.006 acres of jurisdictional open water and 49 linear feet of
jurisdictional tributaries for the purpose of constructing road crossings and overflow culverts to facilitate a residential
development. Of the permitted impacts, 0.02 acres of jurisdictional wetlands, 0.006 acres of jurisdictional open water and 36
linear feet of jurisdictional tributaries were actually impacted. Shortly after the impacts were conducted the property was
foreclosed on, and sold to two independent parties. The owner of the southern portion of the development wishes to continue
construction while it is unclear if or when the owner of the northern portion will proceed with development. The verification
only authorizes impacts to the "southern portion" of the development as identified in the attached plans and drawings.
The currentiv nronosed Droicet will permanently imnact 0.06 acres.of iurisdictionul_ wetlands, 0.03 acres of iurisdictional.ather
waters, and 13 linear feet of iurisdictional tributaries in addition to the impacts conducted in association with the verification
issued in 2007. Cumulative impacts associated with the 2007 verification and those being authorized by this verification will
include the permanent loss of 0.08 acres of jurisdictional wetlands, 0.03 acres of jurisdictional open waters, and 49 linear feet
of jurisdictional tributaries. To compensate for the cumulative impacts the permittee will purchase 0.30 acres of riparian
wetland credits to offset impacts to waters of the U.S.
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: NWP 29 — Residential Development
SEE ATTACHED NWP GENERAL and REGIONAL 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 and attached plans and drawings titled "Wetlands Impacts Map for Avalon ", dated
March 1, 2007, containing handwritten notes identifying the revised project area. 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 Resources (telephone 919 - 807 -6300) 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 in Morehead City, NC, at (252) 808 -2808.
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 me at 910 -251 -4469 or kyle.i.dahlAusace.armv.mil.
Corps Regulatory Official: _�_ Date: Mav 21, 2015
Expiration Date of Verification: �Za r ch 1.8, 2017
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 online at http :// 12er2 .n_i).usace.army.miI /surve�htmI .
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
( 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 on Action ID:
Basis For Determination: This site exhibits wetland criteria as defined in the Corps of Engineers 1987 Wetland Delineation
Manual and Regional Coastal Plain'Supplement and other features exhibiting an Ordinary High Water Mark COHWMI. A previous
1D wa's issued on the entire development based off of.a site visit conducted by Tom Farrell on 12/28/2015. This 1D only verifies
the "southern portion" of the developed outlined in.the-attached map titled "Wetlari'd Impact Map for Avalon" dated March 1,
2007 that Identifies the review "southern portiori" area that was submitted with the PCN package on March 17, 2015. This
verification is limited to the area identified in the enclosed.map.
The reviewed area contains Relatively Permanent,Water§ Wetlands directly abutting Relatively Permanent Waters. and
Impoundments of iurisdictional waters that flow directly Into lockwoods Folly, A Traditionally Navigable'Water.
Remarks: N/A
E. Attention USDA Program Participants

This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The del ineation/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 1OM15
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 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 7/21/2015..
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. **
If there are any questions regarding this determination, or the Corps of Engineers regulatory program, please contact me at
910 - 251 -4469 or kvle.i.dahlAusace.army.mil.
Corps Regulatory Official:. _ Date: May 21, 2015
Expiration of Determination: —May 21, 20211
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 online at http•// per2 .nwp.usace.army.mi] /survey.html .

SAW- 2006 -41723
SPECIAL CONDITIONS
Avalon (Southern Portion)
In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
Kyle Dahl