20151031 Ver 2_FW EXTERNAL RE Conditions of IP_20160922

Strickland, Bev
From: Kim Williams <[e-mail]>
Sent: Thursday, September 22, 2016 9:51 AM
To: Steenhuis, Joanne
Subject: FW: [EXTERNAL] RE: Conditions of IP
FYI
-----Original Message -----
From: Shaver, Brad E SAW[mai Ito: Brad. [e-mail]1]
Sent: Thursday, September 22, 2016 9:08 AM
To: Jeff Soble <[e-mail]>; Kim Williams <[e-mail]>
Cc: 'Johnson, Thomas H. Jr.' <[e-mail]>; [e-mail]
Subject: RE: [EXTERNAL] RE: Conditions of IP
Thanks Jeff.
1. It's a standard condition that attaches a description of the authorized plans to the decision. I know this is a little
different in that it's a conceptual design and the final plans will not be realized until the local government approves the
storm water plan. So let's try something more generic like..
Authorized Plans: The plans approved are entitled "Preliminary Concept Plan" dated 9/13/2016, attached. These plans
will become final plans once approved by the local authorities and any modification to the final plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. Good catch it should and will be changed to state Consistency.
3. This is standard condition that refers to section 325.7 in our regulations which lays out the progression toward
revocation. Before revocation is suspension which involves notification to the applicant and ultimately a meeting with
the District Engineer or a public hearing. Once this procedure is complete the District Engineer decides whether to
reinstate, modify, or Revoke the permit. Revocation would come in the form of written correspondence to the applicant.
Some things that would come to mind which may start this proceedings would be; not following permit conditions,
working outside the approved plans, completing construction without fulfilling mitigation, etc.
Let me know if this works for your team.
Brad
-----Original Message -----
From: Jeff Soble [mailto:[e-mail]]
Sent: Wednesday, September 21, 2016 4:41 PM
To: Shaver, Brad E SAW <[e-mail]>;'Kim Williams' <[e-mail]>
Cc: 'Johnson, Thomas H. Jr.' <[e-mail]>; [e-mail]
Subject: [EXTERNAL] RE: Conditions of IP
Brad,

I have 3 questions
1. AUTHORIZED PLANS: All work authorized by this permit must be performed in compliance with the attached
preliminary concept plans dated 9/13/2016, which are a part of this permit and were used for the Corps decision
document. Any modification to the design intent of these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.
As you know, it's been this item that I've had the most concern with. The language, as proposed, is a little vague and
could put all of us in a situation where we each interpret it in a different manner. It was my understanding that the
permit was being tied to the Final Plans, and that the reference to the Preliminary Plans was solely to have some graphic
version in the permit at issuance of what will ultimately be designed. The concern that I have is, what's considered a
modification? What we've shown is purely conceptual and has no real application to our specific project yet. The size,
location and amount of lines in the underground drain system; the size and shape of the swale; and the make-up of the
drain field/pervious pavement... are all yet to be designed, so in a sense, everything will be "modified". Can the
language be revised as I have suggested above? As we've discussed, it's in our best interest to keep you informed
throughout the process, and as is required, we will of course submit the final plans to you, so I don't have any concerns
that we would end up designing anything that you wouldn't accept. I think making this change would make it clearer
that we are ultimately tied to the Final Plans and not the Preliminary set.
10. CZMA. The Permittee shall fully abide by all conditions of the CAMA Major Development Permit No. CD16-022 on
June 3, 2016, issued by the North Carolina Division of Coastal Management, which are incorporated herein by reference.
Kim noted that what we received is actually a CAMA Consistency Determination, not a Major Development Permit. I
don't know if that makes a material difference but we believe we should bring it to your attention.
15. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and manner as the Secretary
of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition.
It's been a long time since I've pulled an individual permit and I don't remember this condition. Is it in the USACE
Regulations? Under what circumstances could this ever be implemented? The obvious concern being that our project is
always in jeopardy of being pulled out from under us at any moment.
Please let us know your thoughts. Everything else seems to be in order.
Thankyou
Jeff

-----Original Message -----
From: Shaver, Brad E SAW[mai Ito: Brad. [e-mail]1]
Sent: Wednesday, September 21, 2016 3:01 PM
To: Kim Williams <[e-mail]>; Jeff Soble <[e-mail]>
Subject: Conditions of IP
Since you will be asked to review the all the conditions of the permit, I though you may like to get started.
Here are the conditions written into my EA.
Brad
Special Conditions:
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Water Quality 401 Water Quality
Certification #XXXX and the North Carolina Division of Coastal Management Consistency Certification (CD16-022) are
incorporated as part of the Department of the Army permit.
WORK LIMITS
1. AUTHORIZED PLANS: All work authorized by this permit must be performed in compliance with the attached
preliminary concept plans dated 9/13/2016, which are a part of this permit and were used for the Corps decision
document. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.
2. STORM WATER OUTLET TO EXISTING WETLANDS: The applicant has agreed to construct a storm water outlet in the
north-west corner of the property that serves as an outlet for a portion of the storm water treatment system and
further hydrates the headwater wetland complex. The outlet is approved by the Corps provided State and Local
authorities approve the design. If this storm water outlet cannot be permitted or constructed, the permit must be

modified. The final plans approved by the State and Local authorities will be forwarded to the Corps before construction
can begin.
3. DEVIATION FROM PERMITTED PLANS: Attached to this authorization are preliminary concept plans. The permittee
shall ensure that the construction design plans do not deviate from the final permit plans. Written or email verification
shall be provided to the Onslow County Project Manager that the final construction drawings comply with the final
permit drawings prior to any active construction in waters of the United States. Any deviation in the construction design
plans will be brought to the attention of the Corps of Engineers, Mr. Brad Shaver, Wilmington Regulatory Field Office
prior to any active construction in waters or wetlands.
4.UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
5. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to this permit, no
excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce
the reach of waters or wetlands.
6. DEMARCATION OF AUTHORIZED LIMITS: In order to avoid any fill discharges (including mechanized land clearing)
outside the authorized footprint, the applicant must install barrier fencing around the perimeter of the authorized fill
area thereby clearly identifying the jurisdictional areas to be remain undisturbed.
RELATED LAWS
7. SEDIMENTATION/EROSION CONTROL PLAN: Prior to construction, a Sedimentation/Erosion Control Plan must be
approved by the Division of Land Resources, Land Quality Section, North Carolina Department of Environmental Quality.
8. STORM WATER PERMIT: There are no impacts to waters of the US, including wetlands, authorized by this permit for
the Storm Water Pond.

9. WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division
of Water Quality at [phone] or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
10. CZMA. The Permittee shall fully abide by all conditions of the CAMA Major Development Permit No. CD16-022 on
June 3, 2016, issued by the North Carolina Division of Coastal Management, which are incorporated herein by reference.
PROJECT MAINTENANCE
11. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall advise the Corps in
writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this
permit.
12. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be
generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products,
organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act.
The borrow source must come from either an upland area or approved mine location.
13. PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors
and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions, shall be available at the project site during construction and maintenance of this project.
14. SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not
limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
15. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and manner as the Secretary
of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition.

16. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control
measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion.
ENFORCEMENT
17. REPORTING ADDRESS: All reports, documentation and correspondence required by the conditions of this permit
shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Wilmington
Regulatory Field Office, c/o Mr. Brad Shaver, Field office address, and by telephone at: 910-251-4611. The Permittee
shall reference the following permit number, SAW -2014-01338, on all submittals.
18. REPORTING VIOLATIONS OF THE CLEAN WATER ACT: Violation of these conditions or violation of Section 404 of the
Clean Water Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of
the permitee's discovery of the violation.
19. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly inspect the
work for compliance with these conditions. Deviations from final permit plans and conditions may result in an
administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the
Corps.
COMPENSATORY MITIGATION
20. MITIGATION TRANSFER FORM: 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.
Brad E Shaver
Project Manager
US Army Corps of Engineers
69 Darlington Ave
Wilmington, NC 28403
[phone]

Fax# [phone]
Website: Blockedhttp://corpsmapu.usace.army.miI/cm apex/f?p 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 Customer
Satisfaction Survey located at Blockedhttp://regulatory.usacesurvey.com/.
<Blockedhttps://www.avast.com/antivirus> This email has been checked for viruses by Avast antivirus software.
Blockedwww.avast.com <Blockedhttps://www.avast.com/antivirus>