20160971 Ver 1_USACE Permit_20161128

NC Department of
•' _ ��' Environmental Quality
is Received
U.S. ARMY CORPS OF ENGINEERS'
DEC 01 2016
ZA
WILMINGTON DISTRICT - ` , <«
'lr
" in
ston-Salem
Action Id. SAW -2016-02101 County: Guilford U.S.G.S. Quad: NC-LAK'1ED,..ANI -_
Regional Office ' 'r:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Rivers Edge 7. LLC Agent: Pilot Environmental, Inc.
Attn: Herbert Parks attn: Brad Luckey
Address: 713 Corporate Center Court Address: P.O. Box 128
Greensboro, NC 27408 Kernersville, NC 27285
Size (acres) 41.62 Nearest Town Summerfield
Nearest Waterway UT to Haw River River Basin Cape Fear
USGS RUC 03030002 Coordinates 36.24615 N, -79.84357 W
Location description: The project area is located on the west side of Witty road, approximately 0.1 mile from its intersection
with Bonnie Lane, at 8407 Witty Road, Summerfield, Guilford County, North Carolina.
Description of projects area and activity: This nroiect involves the permanent discharge of fill material into 168 linear feet of
stream channel (112 linear feet are a loss of waters of the US from culvert fill, 37 linear feet are associated with a rip rap
plunge pool dissipater pad, 19 linear feet are related to stream channel abandonment) and the temporary discharge of fill
material into 8 linear feet of stream channel (construction access/dewatering), necessary for the installation of a road crossing
for a residential subdivision known as Rivers Edge.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: NWP 39 Commercial and Institutional Developments.
SEE ATTACHED 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 application and attached information dated 10/5/2016 (received 11/10/2016 via email) and revised
information dated 11/22/2016 (sent via email). 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.
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 [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 in Morehead City, NC, at [phone].
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 David Bailey at 919-554-4884 or David.E.Bailey2(u)usace.army.mil.
Corps Regulatory Official: 20161 1E152 Date: 11/28/2016
Expiration Date of Verification: 03/18/2017
Copy_furnished: .
Sue Homewood;-N.CDEQ-DWR-450 W: Hanes -Mill -Rd, Suite 300,—Winston-Salem, NC 271"a5�

Xs ''
SAY -2016-02101 s j
SPECIAL CONDITIONS
1. Please note that future impacts and/or phases of this residential subdivision project and related activities
associated with Corps Action ID: SAW -2016-02101 may be considered part of a single and complete
project; these impacts may be considered cumulative with impacts permitted during earlier phases
regarding compensatory mitigation and Nationwide Permit thresholds.
Digitally signed by
BAI LEY.DAVI D.E.1379283736
-j ` .•: DN: c=US, .-U.S. Government,
oi­=DOD, ou=PKl, ou=USA, p
I-LY.DVID.E. 379283736
Corps Regulatory Official: �;�°
Date 2016.1111..2811:4013-05'00' Date: 11/28/2016
Expiration Date of Verification: 03/18/2017

,f
Determination of Jurisdiction:
A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
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 (RHA) (33 USC § 403) and 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.
C. ❑ There are waters within the above described project area that are 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 . Action ID: SAW -
Basis for Determination: The site exhibits waterbodies with indicators of an Ordinary High Water Mark (OHWM) and
wetland criteria as defined in the "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern
Mountains and Piedmont Region (Version 2.0)." The water bodies on the site are listed in the attached table. This
determination is based on a field verification by David E. Bailey (USACE) on 10/26/2016.
Remarks: The water bodies in the Project Area were flagged by Pilot Environmental, Inc. and are approximated on the
attached "Sheet I of 3, Buffer impact Map" included in your revised information dated 11/22/2016 (sent via email), as well as
"Drawing 5, Wetland Map" included in the "Jurisdictional Determination Request" packet sent by Pilot Environmental, Inc.
via email on 9/23/2016.
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 jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction 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 10M15
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 N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
DN.c-IUly s, 9-111.. vena—M, oby D.E.1 379283736 u -I. -Mo U-
G } BAILEY.DAVIDE.1379283736
Corps Regulatory Official: % �zie4U,6„ 28114&33 D500
David E. Bailey
Date of JD: 11/28/2016 Expiration Date of JD: N/A
The Wilmington District is committed to providing the highest level ofsupport to the public. To help as ensure we continue to do so, please complete the attached
customer Satisfaction Survey or visit fittp://corpsmapu.usace.army.mil/cm apex/Pp=136:4:0 to complete the survey online.

Site
number
Latitude
Longitude
Cowardin
Class
Estimated
amount of
aquatic
resource in
review area
Class of
aquatic
resource
SA 1-58
36.247036°
-79.843846°
Riverine
1,200 linear feet
Perennial
SAA 1-3
36.246403°
-79.843137°
Riverine
50 linear feet
Perennial
SB
36.248934°
-79.844088°
Riverine
750 linear feet
River
WA 1-31
36.248812°
-79.843605°
PFO
2 acres
Wetland

NOO ThF CA ' OO N OO .. AD ilNi STRATI'VE APPE OO ONS AND OCLSS - aD
R+EQUES FOR A P A
Applicant: Rivers Edge 7, LLC File Number: SAW -2016-02101 Date: 11/28/2016
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
❑ PROFFERED PERMIT Standard Permit or Letter of ermission B
❑ PERMIT DENIAL C
F11 APPROVED JURISDICTIONAL DETERMINATION D
® PRELIMINARY JURISDICTIONAL DETERMINATION E
SEkCTION4I The followtngident�fesyour"rights and options regardingRantadmmstratue""appeal ofthe above dec�syonN11111.,
AdNllk
ditional'"nformatJommay be nd:

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
1SECTIONZi REQUEST -FOR APPEAL;o"r`OBJECTIONS TO AN 1NITlAL'PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT O,F G�NTACT FOR QL7ESTIONS�o INFORMATION a ,.
n...
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division, Attn:
Mr. Jason Steele, Administrative Appeal Review Officer
attn: David Bailey
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 10M15
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investiations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, attn: David Bailey, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

J
Action ID Number: SAW -2016-02101 County: Guilford
Permittee: Rivers Edge 7 LLC (attn.: Herbert Parks)
Project Name: Rivers Edge 7 LLC / 8407 Witty Road / Summerfield / Guilford County / residential
Date Verification Issued: November 28, 2016
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
attn: David E. Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date