20060711 Ver 1_Corps of Engineer Correspondence_20161102

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
54-rES of • •
Regulatory Division
Action ID No. SAW -2013-01144
Mungo Homes of the Carolinas
2514 Reliance Avenue
Apex, North Carolina 27539
Dear Sir/Madam:
October 31, 2016
Reference your Nationwide Permit Pre -Construction Notification (PCN) for Department of
the Army (DA) authorization to discharge fill material into a total of 142 linear feet of perennial
stream channel associated with the construction of a single road crossing for the Holly Pointe
phase 2 residential subdivision. The proposed project is located adjacent to Avent Ferry Road in
Holly Springs, Wake County, North Carolina. This PCN was received on September 9, 2016.
By letter dated September 26, 2016, you were requested to provide additional information
pertaining to the items considered incomplete in your application as follows:
1. Please have a designated Point of Contact (responsible party/3c) for the
owner/applicant filled out on the PCN. Should your agent wish to sign the PCN for you,
please include an agent authorization form.
2. Please provide a complete jurisdictional delineation and JD request packet for
jurisdictional features for all future/remaining planned phases of the project including all
applicable data forms and maps. Furthermore, since a complete delineation/JD request
packet has not been received to our knowledge on the future phases of the project
compliance with General Permit Condition 20 pertaining to mitigation which involves
avoidance and minimization cannot be demonstrated adequately to proceed with either
permit verification and/or issuance as we are unable to document that your project
complies with the General Permit Conditions associated with the nationwide permit.
3. Under conditions of Nationwide Permit 29, an application/pre-construction notification
is considered complete only if the activity is deemed a single and complete project. For
non-linear projects "single and complete" is defined as the total proposed or
accomplished by one owner/developer or partnership, and must have independent utility.
Single and complete non-linear projects may not be "piecemealed". At this time the
Corps is unable to deem this project single and complete because the project area is
unclear, and impacts from prior and future phases were not provided in the PCN. Please
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provide more information on all phases of the Holly Pointe residential subdivision.
Project plans depicting the entire project boundary, including all impacts to jurisdictional
features, roadways, utility lines, lot lines etc. Project plans should be no larger than
11x17, and jurisdictional features should be clearly demarcated. Please provide a clear
inset map (plan view, and cross section) of the proposed roadway crossing.
4. Please provide further information regarding impacts associated with the construction
of utility lines, and greenways as it appears that these will impact jurisdictional features
as seen on the pians submitted with the PCN.
5. Your avoidance and minimization justification is insufficient. Please provide a more
robust justification for the current location of the stream crossing, and if/why other
crossing options that could have less impacts to jurisdictional waters were not utilized.
6. The present layout of roadway infrastructure for the proposed project does not depict
logical termini leading to the potential for further/future jurisdictional impacts associated
with roadway impacts on adjacent parcels, therefore the Corps is unable to determine
whether the activity authorized under the nationwide permit will result in more than
minimal individual or cumulative adverse environmental effects. Please provide further
information on the potential for adverse cumulative effects due to stub roads to adjacent
properties.
In our September letter we requested to receive the information listed above within 30 days of
receipt, or we would withdraw your application.
As of October 31, 2016, we have not received all the information summarized above. As
such, we are notifying you that your permit application request has been withdrawn. Please be
aware that once we receive all of the additional information requested, we will be able to
continue processing your permit application. If you have questions or comments, please contact
me at my Raleigh Regulatory Field Office address, telephone [phone] ext. 32.
Sincerely,
/ames Lastinger
Regulatory Specialist
Raleigh Field Office

Copies Furnished:
Mr. Randy Miller
Thompson and Associates
1149 Executive Circle, Suite D-2
Cary, North Carolina 27511
Ms. Karen Higgins
401 Oversight/Express Review Permitting Unit
Division of Water Resources
Department of Environmental Quality
1617 Mail Service Room
Raleigh, North Carolina 27699
Ms. Cherri Smith
Division of Water Resources — 401 & Buffer Permitting Branch
Department of Environmental Quality
1628 Mail Service Room
Raleigh, North Carolina 27699