20071698 Ver 1_USACE Permit_20071025

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U.S. ARMY CORPS OF ENGINEERS .~o~u.x.d..
WILMINGTON DISTRICT
Action ID. 2007 2919 067 County: Onslow USGS Quad: Sneads Ferry
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Mr. Robert C. Perry & Ms. Heather A. Sullivan Agent: Southern Environmental Group, Inc.
Address: 145 Wheeler Creek Road attn: Ms. Angie Pennock
Sneads Ferry, NC 28460 5315 College Road, Suite E
Wilmington, NC 28412
Size and location of property (water body, road name/number, town, etc.): The 5.18 acre tract (Elizabeth Garden
Center) is located aanrozimately 2.5 miles east of the intersection of Hwy 17 and Hwy 172 along the north side of
Hwv 172 near headwater wetlands of Stones Creek_ Onslow County.
Description of projects area and activity: This after the fact permit covers the permanent impact of 010 acres of 404
wetlands for an entrance road for the future Elizabeth Garden Center This Hermit also reauires the removal of
the balance of unauthorized fill totaling approximately 10 acres from the front or road side of the commercial
ap rcel.
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-39
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 9/28/2007 and cross section drawings page 1 of 2 dated 9/28/2007 drawn by
Angie Pennock and plan view drawing page 2 of 2 dated 9/28/2007 drawn by Angie Pennock. 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 at 910-251-4611.
Corps Regulatory Official C Date: 10/19/2007
Expiration Date of Verification: 10/19/2009
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.mil/WETLANDS/index html to
complete the survey online.
Page 1 of 2~

Elizabeth Garden Center
Onslow County
AID# 2007 2919 067
Special Conditions:
1) The permittee shall execute and cause to be recorded in the Onslow County Register of Deeds a
Conservation Declaration acceptable to the Corps of Engineers (draft received October 2, 2007 as part of
the permit application) for the purpose of maintaining the wetland areas, as shown on the reviewed plat
(wetland area 1.88 acres in size located on the north side of tract 12 A as depicted on the wetland survey for
Robert C. Perry and Heather A. Sullivan dated September 24, 2007 drawn by Jonathan Wayne) in their
natural state in perpetuity, within 30 days of issuance of this permit. 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) The remaining 0.10 acre not authorized under this permit action should be removed and the site stabilized
to the original elevation. At minimum, please provide photographic evidence that the site has been restored
to the proper elevation once the fill has been removed.
Corp Regulatory Official j Date October 19, 2007_
Page 3 of ~

Determination of Jurisdiction:
^ Based on preliminary information, there appeaz 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 azea 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 yeazs from the date of this
notification.
® There aze waters of the US and/or wetlands within the above described project azea 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 azeas within the above described project azea have been identified under a previous action. Please reference
jurisdictional determination issued .Action ID
Basis of Jurisdictional Determination: The subject area exhibits wetland criteria as described in the 1987 Corps Delineation
Manual and is adjacent to a relatively permanent water body, ultimately a tributary of Stones Creek.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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
Wihningotn, 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 12/19/2007.
** The signed delineation maps have been returned to the agent for distribution.
**It is not necessary to submit an RF form tro the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: C
Date 10/19/2007
Expiration Date 10/29/2009
Copy Furnished:
NCDENR-DWQ attn: Ms. Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405
NCDENR-DWQ attn: Cyndi Karoly 2321 Crabtree Blvd Raleigh, NC 27604-2260
Page 2 ofd?
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OCT E 5 2001
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