20081465 Ver 1_Emails_20081212

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U.S. ARMY CORPS OF ENGINEERS copy
WILMINGTON DISTRICT
Action ID. 200802781 County: Wake USGS Quad: Cary
av1034.0
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: IV-M Investments, LLC
Address: Attn: Glenn Futrell
150 Towerview Court
Carv, NC 27513
Telephone No.: 919-467-6935
Size and location of property (water body, road name/number, town, etc.): The Phillip's Place Subdivision is
approximately 82 acres of land located approximately 700 ft northeast of the intersection of Good Hope Church Rd
and NC Hwy 55 in.Cary, Wake Countv, North Carolina.
Description of projects area and activity: This authorization is for permanent impact to 136 linear feet of stream
channel due to the installation. of a culvert associated with the construction of a residential subdivision. The
nroiect must be conducted in accordance with the application and drawings submitted on 9/23/2008.
Remarks: Impacts to waters of the United States for the Phillip's Place Subdivision project (SAW-2008-.02781)
and all other proposed impacts to waters of the United States associated with future phases of the Phillip's Place
Subdivision, including proposed permanent impacts to 150 If of important stream channel and proposed
temporary impacts to 20 if of important stream channel, are a single and complete project as defined in the Code
of Federal Regulations (CFR) at 33 CFR 330.2(i). The use of more than one Nationwide Permit (NWP) for a single
and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the
NWPs does not exceed the acreage limit of the NWP with the highest specific acreage limit. Based on the
information that has been submitted to date, permanent impacts to waters of the United States for the current
phase and future phases for the project listed above, do not exceed the threshold. limits of the applicable NWPs.
The threshold limits of the applicable NWPs are 0.5 acre loss of waters of the United States, including 300 linear
feet of stream channels with important aquatic function. Therefore, if either of these threshold limits- is exceeded
by the future phases of Phillip's-Place Subdivision then this NWP verification is not applicable to the project.
Additionally, for any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for the loss of
aquatic function associated with the proposed activity. Based on information that has been submitted to date,
the currently authorized impacts and the proposed impacts associated with the future phases will total 2861f
of impact to important stream channel. As such, mitigation to compensate for this loss will be required at the time
of issuance of the permit authorizing the future phase.
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
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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 Anny verification does not relieve the pennittee 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 Crystal Amschler.
Corps Regulatory Official Date: 12/10/2008
Expiration Date of Verification: 12/10/2010
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 SurvJy located at our website at http://reszulatoKy.usacesurvey.com/ to complete the survey
online.
Pase 2 of 2
Phillips place
Subject: Phillips place
From: Todd Preuninger <[e-mail]>
Date: Fri, 12 Dec 2008 10:43:00 -0500
To: Ian McMillan <[e-mail]>
Ian,
FYI - Crystal is only going to issue the 404 permit for the Phase I road crossing on the Phillips Place
project (not the future phases), so you'll need to revise the 401 so they match up. It's DWQ # is 08-1465
There may also be a sewer line in future phases that will be removed from the permit -
Let me know if you need anything, or when she issues the permit, I could just send it to you and you
could use her numbers for the 401 - it's in the cape fear, so no buffers to worry about.
Thanks,
Todd
Tooo PREUNINGER
WITHERS 6 RAVENEL
r11 tkiciCenan Drive i Cary, North Carolina 2751'
te.l: 9t9 469 3340 : fax: 919,535 4545,
direcl: 919.:r38.),1o7 a
4hwS iy ilher?,rayenelxorri
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