20081516 Ver 1_Other Agency Comments_20090115

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U.S. ARMY CORPS OF ENGINEERS Jq fJ l 2009
WILMINGTON DISTRICT
DEAR - WATER QUALITY
Action ID. SAW-2006-40759 County: Pender USGS Quad: HollWANDSTDRMWATERBRAl M
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicants: Mr. Jeff Baran Mr. Howard Penton
Hughes Baran Development Company, LLC S.D. Surf, LLC
Address: 6409 Westgate Road 6105 Oleander Drive, Suite 201
Raleigh, NC 27617 Wilmington, NC 28403
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): The property is located on the west side of
N.C. Highway 210 between U.S. Highway 17 and Watts Landing Road in Surf City, Pender County North
Carolina.
Description of projects area and activity: Harris Teeter and Captiva Commons. This permit authorizes the
temporary discharge of fill material into 0.331 acres of wetlands for construction and the installation of a utility
line and the permanent discharge of fill material into 0.443 acres of wetlands for the construction of roads parking
areas and other structures associated with commercial and residential development
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 and 39
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 Ronnie Smith at 910-251-4829.
Corps Regulatory Official Ronnie Smith C3?? Date: Januarv 12, 2009
Expiration Date of Verification: January 12, 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 attached customer Satisfaction Survey or visit httn://www.saw.usace army mil/WETLANDS/index html to
complete the survey online.
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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 February 9, 2006 with Action ID Number 2005001193 .
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and part of a broad continuum of wetlands that are ad!acent to an unnamed tributary of Virginia Creek, which is a
navigable water of the United States.
Remarks: This site also contains isolated wetlands. Isolated wetlands are not subiect to the permit requirements of Section 404
of the Clean Water Act.
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: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
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 March 13, 2009.
**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: January 12, 2009
Expiration Date: January 12, 2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Ms. Joanne Steenhuis
NCDENR-DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Mr. Ian McMillan
NCDENR-DWQ
1650 Mail Service Center
Raleigh, NC 27699
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 S. College Road, Suite E
Wilmington, NC 28412
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Hughes Baran Development Company, LLC
S.D. Surf, LLC.
Pender County
AID# SAW-2006-40759
Special Conditions:
1) In order to compensate for impacts to 0.443 acres of non-riparian wetlands the permittee shall make payment to
the NCSU Hoffman Forest Wetland Mitigation Bank in the amount determined by the Wetland Mitigation Bank,
sufficient to perform the restoration of 0.443 acres of non-riparian wetlands in the White Oak River Basin,
Cataloging Unit 03020302.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NCSU Hoffman Forest Wetland Mitigation Bank and provided a copy of the payment
documentation to the Corps.
2) a. The permittee shall preserve and maintain 9.63 acres of jurisdictional wetlands, as indicated on the
attached plat dated December 15, 2008 and titled "Preservation Map". The permittee is 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 stream, open waters or wetlands being adversely impacted or destroyed.
b. The permittee shall execute and cause to be recorded in the Pender County Register of Deeds, the
Conservation Declaration and survey for Captiva Commons at Surf City Crossing that was provided to the
Corps of Engineers on December 15, 2008.
c. Prior to beginning the work authorized by this permit, the Permittee shall provide a copy of the
recorded conservation declaration and the recorded survey to the Corps of Engineers.
These provisions relating to the wetlands cannot be amended or modified without the express written consent of
the U.S. Army Corps of Engineers, Wilmington District.
3) The permittee shall execute and cause to be recorded with the Pender County Register of Deeds, a deed
notification, or similar legal mechanism, for the outparcels referred to as 4 and 5 on the attached preservation
map. The deed notification shall be executed and recorded prior to the sale or conveyance of any or part of these
parcels/lots or within 30 days of receipt of this correspondence, whichever occurs first. This notification must
clearly state that these outparcels/lots contain jurisdictional Waters of the United States that are subject to the
permitting requirements of Section 404 of the Clean Water Act. The permittee must also submit a copy of the
recorded document(s) to the Corps within 15 days of recordation.
4) The permanent maintenance corridor of the proposed utility line located in the wetlands along the eastern
property boundary shall only be 10 feet wide. All other cleared wetland areas, outside of the permanent
maintenance corridor, shall be allowed to naturally re-vegetate.
Corp Regulatory Official Ronnie Smith L A ?__ Date: January 12 2009