20081024 Ver 1_More Info Received_20080807

I g@g?10-5
AU G 7 2008
DENR WATER QUPL?TY
N WETLgNDS AND STORMWATER BRANCH
EAST
OR LETTER OF TRANSMITTAL
Engineering - Architecture - Surveying - Technology
P.O. Box 7305 / 324 S. Evans Street, Greenville, NC 27834
Phone [phone] Fax [phone]
To:
NCDENR
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
We are sending you the followin 0 :
Shop Drawings Prints
Copy of Letter Specs
Change Order Plans
Samples
Payment Application
X Other: Permit Application
Copies Date No. Description
1 PCN Application - revised
1 General Permit (Regional and Nationwide Verification - USACOE

These items are transmitted as checked below:
X For Approval Reviewed
X For Your Use Reviewed as Noted
As Requested Revise & Resubmit
For Review and Comment Returned No Action
Prints returned after Loan to us
Remarks: Cyndi,
After making a registered agent change a couple of weeks ago, I noticed that the owner
name was wrong. The owner name has been changed to Cooper Peel Properties, LLC
and the registered agent has been changed to Lowell G. Taylor. I've attached a revised
PCN application showing the correct name and new signature. Please make all
necessary changes to your paperwork to reflect this.
Thanks Sonny.
Co ies:
Architect:
Engineer:
Contractor:
X Owner:
Developer:
Other:
Date: 8/06/08 Proj. No.: 20070037
Attention: C ndi Karol
RE: Tripp Landing Subdivision
,I D#:
Cooper Peel Properties, LLC
Signed: Sonny Jackson
T-NCDENR-DWQ 401 Wetlands Unit 8-0-08
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
,.r
kii any pal Liumai iLcin is not appmaDie to finis project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: Z
II. Applicant Information D LSv?a?? D
AU G 7 2008
1. Owner/Applicant Information
Name: Cooper Peel Properties, LLC DENR,A)! ERQO
plkTER AUN RANCH
Mailing Address: 605 Linden Drive WETLAND
Louisville KY 40223
Telephone Number: [phone] Fax Number: NA
E-mail Address: NA
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sonny Jackson - Project Manager
Company Affiliation: The East Groun P.A.
Mailing Address: 324 Evans Street
Greenville NC 27858
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:_ sonny.jackson@east rg_oup com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Tripp Landing
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 6621-86-1817
4. Location: County: Beaufort Nearest Town: Chocowinity
Subdivision name (include phase/lot number):_ Tripp Landing / 60 lots
Directions to site (include road numbers/names, landmarks, etc.): From Washington take
US 17 to NC 33. Take a left onto NC 33 and follow to Cox's Crossroads. Take a left onto
Flat Swamp Road and another left onto Crystal Beach Road Almost to the end of C , stal
Beach Road will be Tripp Farm Road on the right
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.4268 ON 76.8914 °W
6. Property size (acres): 61.25 acres
7. Name of nearest receiving body of water: Pamlico River (SB; NSW)
8. River Basin: Tar-Pamlico
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site consist of open grass fields wooded areas (3 three
wetland areas, abandoned home site pad barns small buildings with a ravel path leading to
them. The gravel path continues and provides access to (2) two dwellings on out parcels
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: This
proposed residential development will consist of 60 single family home sites with an 2.85 ac
Pond, including public roads public water, sewer force main and stormwater features The
public road, (2) two driveways and trenching of sewer force main will infringe on existing
wetland areas. Construction will be performed using industry standard heavy equipment and
construction techniques. Refer to plans and specifications for additional information
11. Explain the purpose of the proposed work: Before subdivision work begins existing
buildings, structures and debris on the side will need to be removed Once this is complete
then the necessary infrastructure improvements to provide 60 single family residential home
sites will be constructed.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. NA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
See Attachment 1
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: See Attachment 1
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
set)arately list impacts due to both stnictnre and flonrlino,
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh
,
herbaceous, bog, etc.) Located within
100-year

Floodplain (es/no Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
W1 Road Grading/Fill Culvert forested no 2,100' 0.032
W2 Drive Grading/Fill Culvert forested no 390' 0.051
W3 Trenching San. Force Main forested no 780' 0.003

Total Wetland Impact (acres) 0.086
3. List the total acreage (estimated) of all existing wetlands on the property: 2.18 ac.
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be inchlded- To r.nlcnlatP norenae mnltinly lanrrth X .x,;dfb fl- A;-;A_ 1- AZ cK.n
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
NA

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill- excavation dreduinv flnndina rlrn;nnaa Ni A- anrlc m o
Open Water Impact
Site Number Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay, Area of
Impact
(indicate on ma) ocean, etc.) (acres)
NA
Page 8 of 12
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S_ resulting frnm the nrn;P,-t-
Stream Impact (acres): NA
Wetland Impact'(acres): 0.086
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) NA
Total Stream Impact (linear feet): NA
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Embankment excavation ands ilp Iway
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Aesthetic
Current land use in the vicinity of the pond: Recreational - Open Space
Size of watershed draining to pond: 7.54 ac. Expected pond surface area: 2.85 ac.
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Attachment I
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmizide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation will be handled by deed restriction. See restrictive covenant guidance sheet
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/mU/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 10 of 12
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact I Required
Zone ,..,,. --- Multiplier
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total I NA ( I NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. NA
X. Stormwater (required by DWQ)
Page 11 of 12
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. See Attachment 1
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The lots will have individual septic systems.
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XII. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: There
will be no additional wetland impacts from future development of this project.
XIII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
o?,
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Tripp Landing Beaufort County
ATTACHMENT No. 1
V. Future Project Plans
The owner owns a total of 104 ac. at the site. The 42.75 ac. tract south of Crystal Beach
Road will not be developed at this time.
Are any future permit requests anticipated for this project? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application.
The other permits that will be required to complete this project are as follows:
NC DENR Erosion & Sediment Control Plans/Permit (to be submitted)
NC DENR Stormwater Management Plan/Permit (to be submitted)
NC DENR Water Distribution Plans/Permit (to be submitted)
NC DOT Driveway Permit (to be submitted)
NC DOT Encroachment Agreements for Water (to be submitted)
VI. Proposed Impacts to Waters of the United States/Waters of the State
1). Provide a written description of the proposed impacts:
Three impacts to wetlands will be required to develop this site into single family
residential lots. These proposed impacts are:
(W1) 1,419 square feet (0.032 ac.) at Rabon Court station 6+00 for the construction of
the road to gain access to the SE corner of the property.
(W2) 2,249 square feet (0.051 ac.) at Sylvia's View SE end of road for filling/grading in
order to construct driveways for lots # 29 and #30.
(W3) 111 square feet (0.003 ac.) at the North end of the Open Space lot for trenching
the sanitary force main.
All impacts are permanent.
VII. Impact Justification (Avoidance and Minimization)
Avoidance measures:
Impact area W1- in order to gain access to the SE corner of the property the wetlands
have to be crossed. The road was placed in this position to minimize the wetland
impact, only catching the end of the wetland finger. If we moved the road and road side
swales outside the wetlands then we would not have enough room for on-site septic for
lots 56-58.
Impact area W2 - in order to gain access for lots 29 & 30 we had to cross the wetland
pocket. With the location of the wetlands and no other access to these lots, this was our
only option.
Impact area W3 - in order to serve lot 22 we had to cross the wetlands with the sanitary
force main to the designated septic lot in the open space area.
Page 1 of 3
Tripp Landing Beaufort County
Minimization measures:
The culverts under the road at wetland impact 1 were placed west of the wetland finger
in order to have room for the sediment trap outside the wetlands. After site is
established with permanent seeding, the sediment trap will be converted into (2) two
scour holes also outside of the wetlands.
The driveways providing access to lots 29 & 30 will be piped in order to allow flow from
one end to the other on the wetland pocket. Grading from the driveway down to the
wetland pocket will be minimized by using minimal cover over the pipes and minimal
shoulder width on each side of the driveways.
The force main crossing at wetland impact 3 will be minimized by using a small trencher
to reduce the trench width for pipe installation. Using directional bore to cross the
wetlands is cost prohibitive to the owner.
Page 2 of 3
North Carolina Secretary of State
Y _ ? a
44,
,
CORPORATIONS
North Carolina
Maine F. Marshall DEPARTMENT O THE
Secretary SECRETARY OF STATE
PO Ban 29622 Raleigh, NG 27626-0622 {919}807-2004
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Date: 7/28/2008
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Click here to:
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72-1 Print apre-populated Annual Report Form I Annual Report Count I File
an Annual Report I
Corporation Names
Name Name Type
NC Cooper Peel Properties, Legal
LLC
Limited Liability Company Information
SOSID: 0773076
Status: Current-Active
Date Formed: 3/22/2005
Citizenship: Domestic
State of Inc.: NC
Duration: Perpetual
Registered Agent
Agent Name: Taylor, Lowell G.
Registered Office Address: 127 West Blvd
Williamston NC 27892
Registered Mailing P O Box 869
Address: Williamston NC 27892
Principal Office Address: 605 Linden Drive
Louisville KY 40223
Principal Mailing Address: 605 Linden Drive
Louisville KY 40223
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=7716828 7/28/2008
C200810801206
LIMITED LIABILITY COMPANY
ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Cooper Peel Properties, LLC
SOSID: 0773076
Date Filed: 4/17/2008 2:30:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200810801206
STATE OF INCORPORATION: NC
SECRETARY OF STATE L.L.C. ID NUMBER: 0 7 7 3 0 7 6
FEDERAL EMPLOYER ID NUMBER:
NATURE OF BUSINESS: Real estate
REGISTEREDAGENT: Lowell Taylor
REGISTERED OFFICE MAILING ADDRESS: PO BOX 869
Williamston NC 27892
REGISTERED OFFICE STREET ADDRESS: 127 West Blvd
Williamston NC 27892
Martin
SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICE TELEPHONE NUMBER: 5 0 2- 2 4 5- 2 6 8 4
PRINCIPAL OFFICE MAILING ADDRESS: 605 Linden Drive
Louisville KY 40223
PRINCIPAL OFFICE STREET ADDRESS: 605 Linden Drive
Louisville KY 40223
MANAGERS/MEMBERS/ORGANIZERS:
Name: Cooper Peel
Address: 605 Linden Drive
Title: Member/manager city: Louisville
Name:
Address:
Title: City:
Name:
Address:
Title: City:
state: KY zip: 40223
State: Zip:
State: Zip
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
Aa?
F MUST BE SIGNED BY A MANAGERIMEMBER DATE
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State 0 Corporations Division 0 Post Office Box 29525 a Raleigh, NC 27626-0525
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT C
Action ID. SAW-2008-02162 County: Beaufort USGS Quad: Blounts Bav
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Cooper Peel
Address: 605 Linden Drive
Louisville, Kentucky
40223
Telephone No.: 502-245-2684
Size and location of property (water body, road name/number, town, etc.): 61.25 acre tract located on Tripp Farm
Road off Crystal Beach Road between Sparrow Bay Road and Sycamore Lane adiacent to Blounts Bay in
Chocowinity, Beaufort County, North Carolina
Description of projects area and activity: Placement of 0.086 acres of fill within iurisdictional waters and wetlands
for the contruction of two road crossing and one temporary open trench for the placement of a force main
associated with a 60 lot residental subdivision
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: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. 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 David L. Shaeffer 252-975-1616 ext. 30.
Corps Regulatory Official Date: 07/23/2008
i
Expiration Date of Verification: 07/23/2011
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 our website at ht(p://regulatoiy.usacesurvey.com / to complete the survey
online.
Page 1 of 2
Determination of Jurisdiction:
? 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).
? 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.
? 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.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 07/07/2008. Action ID SAW-2008-00976
Basis of Jurisdictional Determination:
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:David L. Shaeffer,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
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
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date
Expiration Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
The East Group Attention: Sony Jackson
324 Evans Street
Greenville, NC 27835
Page 2 of 2
July 23, 2008
Regulatory Division
ORM ID No. SAW-2008-02162
Mr. Cooper Peel
605 Linden Drive
Louisville, Kentucky 40223
Permit Special Conditions
Your work is authorized by Nationwide Permit 29 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. 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.
c. The Permittee shall preserve and maintain the remaining DA jurisdictional wetlands
and waters identified on the attached plat titled plat titled Tripp Landing., signed and
sealed by Anthony Hamm on 10/10/2007. All present and future lot owners are
prohibited from performing any of the following activities on the property: Filling;
grading; excavating; earth movement of any kind; construction of roads, walkways,
buildings, signs, or any other structure; any activity that may alter the drainage patterns on
the property; the destruction, mowing, or other alteration of vegetation on the property;
disposal or storage of any garbage, trash, or other waste material; or any other activity
which would result in the wetlands being adversely impacted or destroyed.
d. Permittee shall execute and cause to be recorded in the Beaufort County Register of
Deeds restrictive covenants acceptable to the Corps of Engineers for the purpose of
maintaining the remaining wetlands, as shown on the plat titled Tripp Landing, signed
and sealed by Anthony Hamm on 10/10/2007, in their natural state in perpetuity, prior to
the sale or conveyance of any lots or other property within the subdivision. 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
e. The above deed restrictions applies to the property identified by PIN # 6621-86-1817 as
recorded in the Beaufort County Register of Deeds on the date of this letter. The jurisdictional
determination referenced in this permit represents a portion of the entire property identified as
PIN # 6621-86-1817. The plat titled Tripp Landing, signed and sealed by Anthony Hamm on
10/10/2007 may NOT represent all wetlands on the property. Any additional wetlands identified
during future development of the property, particularly property to the south of Crystal Beach
Road, ARE subject to the restrictive covenants as listed above.
If you have not already done so, you should contact Ms. Cyndi Karoly North Carolina Division
of Water Quality regarding Section 401 Water Quality Certification. This nationwide permit
does not relieve you of the responsibility to obtain other required State or local approval.
Thank you for your time and cooperation. Questions or comments may be addressed to Mr.
David L. Shaeffer, Washington Regulatory Field Office, telephone [phone], extension 30.