20090292 Ver 1_401 Application_20090309

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Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Starmount Development, LLC
2b. County: Randolph
2c. Nearest municipality / town: Asheboro
2d. Subdivision name: Starmount
?v (.o. 1 Ct-ti h q.
2e. NCDOT only, T.I.P. or state
project no. :?
X1,1
3. Owner Information'
3a. Name(s) on Recorded Deed: Greer, Charles E & Barbera S
3b. Deed Book and Page No. 1254/1252 j rF?E?F,r?nU
3c. Responsible Party (for LLC if
applicable): Darren & Bobby Lucas
3d. Street address: 2777 Cox Mill Road
3e. City, state, zip: Asheboro, NC 27205
3f. Telephone no.: 336 669-7683
3g. Fax no.: 336 521-4256
3h. Email address: [e-mail]
Page I of 1
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Developer
4b. Name: Darren & Bobby Lucas
4c. Business name

(if applicable): Starmount Development,
LLC
4d. Street address: 2777 Cox Mill Road
4e. City, state, zip: Asheboro, NC 27205
4f. Telephone no.: 336 669-7683
4g. Fax no.: 336 521-4256
4h. Email address: [e-mail],com
5. Agent/Consultant Information (if applicable)
5a. Name: Jesse W. Wilson, PE
5b. Business name
(if applicable):
Site & Utility Design Services, PA
5c. Street address: 170 Worth Street
5d. City, state, zip: Asheboro, NC 27203
5e. Telephone no.: 336 636-5422
5f. Fax no.: Same
5g. Email address: [e-mail]
Page 2 of 2
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 7760499600
1 b. Site coordinates (in decimal degrees): Latitude: 35.69711 Longitude: - 79.7911
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 13.34 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Vestal Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: Class C
2c. River basin: Cape Fear, STREAM INDEX 17-22-(4)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
1) SITE IS PREDOMINANTLY TIMBERED. SLOPES RANGE FROM 2-20%. (2) SITE ABUTS COMMERCIAL,
BUSINESS, & INSTITUTIONAL PROPERTIES ON NORTH & WEST, & EAST, U.S. Hwy. 64 ON SOUTH.
3b. List the total estimated acreage of all existing wetlands on the property:
None
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2,186
3d. Explain the purpose of the proposed project:
Commercial Subdivision Development for Resturants, Hotels, Banks
3e. Describe the overall project in detail, including the type of equipment to be used:
SEVEN (7) LOT COMMERCIAL SUBDIVISION, W/ STREETS & PARKING. EQUIPMENT: DOZERS, TRACK LOADERS,
BACKHOES, PANS, ETC.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ? Yes ? No ® Unknown
Comments: The property has been considered for
Development in the past, so possibly
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: US ACE
Name (if known): John Thomas Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
November 3, 2008, Meeting with John Thomas on Site. All Creeks are jurisdictional, no wetlands
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
USACE Action ID Number 200900062 (Copy of Permit Enclosed). This Permit Application includes a re-request for the
Original 25 linear feet already permitted by the USACE.
Page 3 of 3
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
Only the Roads in the Subdivision and rough grading of the potential commercial sites will be completed by the
developer. The subdivision lots will be marketed individually for potential commercial interests such as restaurants, bank,
and possibly hotels. The subdivision lots will be developed by the individual buyers to incorporate building & parking
areas, landscaping, & other amenities. Individual Erosion & Sedimentation Control Plans and stormwater collection and
treatment plans will be submitted to the appropriate regulatory agencies during the design process.
Page 4 of 4
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Fill, Culvert UT to Vestal ® PER ® Corps
15
257
Creek ? INT ? DWQ
S2 ®P ? T Fill, Culvert UT to Vestal ? PER ® Corps
10
42
Creek ® INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 299
3i. Comments: 42 LF EXTENSION OF DOUBLE BOX CULVERT FROM UNDER US HWY. 64 IN PERENNIAL STREAM; 208
LF PERENNIAL STREAM REPLACED W/ ARCH CULVERT, 49 LF 60" CULVERT ON INTERMITTENT STREAM NEAR
CONFLUENCE WITH PERENNIAL STREAM
Page 5 of 5
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction pro pc
5a. 5b.
Pond ID
number
then complete the chart below.
5c. 5d.
Wetland Impacts (acres)
5e.
Stream Impacts (feet) Upland
Proposed use or purpose (acres)
of pond Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temoorarv (T) impact
B1 ?P?T
B2 ?P?T
B3 ?P?T
16i. Comments:
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact I Zone 2 impact
(square feet) (square feet)
Page 6 of 6
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to Streams have been minimized using retaining walls, shallow shoulders w/ guardrails, taller than average
headwalls, and large diameter stone dissapators to reduce required dissapator lengths. Preliminary BMPs are sized and
shown for each site's conceptual layout.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All Stream Disturbances Will Be Protected Using Watercourse Diversions (Sand Bag & Pump Around) & Sediment Fence. The
Area For Box Culvert Extension Will Be Isolated with Sand Bags and the Stream Will Be Pumped Around the Construction. All
But The Ends Of The Arch Culvert Construction Will Be Completed Outside of the Existing Creek Bank.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

®Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: 549 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: 250 linear feet perennial @ 2:1 ratio; 49 linear feet intermittant @ 1:1 ratio. NCEES Impacts Letter Assess
299 linear feet Impact, 598 linear feet Credits. NCEEP Office says credits will change once the Corps Approval is Finalized
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 7
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 8
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: If diffused flow is required, these measures will be included with the ? Yes ? No
individual commercial site submittals for bmps and first flush protection.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 7.3%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The Impervious Area for the Road Construction is less than 24%, however stormwater from the roadways and sidewalks
will be collected and treated in a bioretention cell which adjoins the east side of the satellite parking for lot 2. The
proposed subdivision lots will utilize stormwater collection systems and sand filter (most likely device depending on
design configuration) to facilitate strormwater treatment. The individual lot owners wil l be responsible for design and
submittal of the stormwater collection and treatment systems during their design process.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Asheboro
® Phase 11
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
Page 9 of 9
PCN Form - Version 1.3 December 10, 2008 Version
5b. Have all of the 401 Unit submittal requirements been met? TO Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We are in discussions with Mr. Mike Randall of the NPDES Phase II Unit and Ms. Annette Lucas of DWQ's 401
Permitting Unit. Mr. Randall agrees that the Individual Sites contained in the Commercial Subdivision should be subject to
the NPDES Phase II Stormwater Requirements as a condition of the DWQ 401 Permit. Each Subdivision Site will be
responsible for BMP & Stormwater Quality Measures based on individual configuration and percent impervious surface.
The preliminary map (attached) shows a conceptual layout of the future development and the respective sand filtration
units (oversized to 115% of recommended design to yeild 90% TSS Removal) for the Sites. The attached map also
shows the proposed biocell area for the City Maintained Streets within the subdivision. The biocell will be constructed by
the developer during the grading and street construction phase of the project.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Wastewater generated from the site will be collected and treated at the City of Asheboro Wastewater Treatment Facility.
The site has an existing sewer collection system already in place.
Page 10 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?

5c. If yes, indicate the USFWS Field Office you have contacted. ®
Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
hftp://www.fws.gov/nc-es/es/countyfr.html
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://floridamarine.org/efh-coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
hftp://www.hpo.der.state.nc.us
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NFIP FIRM Panel 3710776000J
;??, -4CVe=b A /
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
oMe'me em
Jgma I1t
PROGRAM
February 19, 2009
Darren Lucas
Starmount Development Group LLC
212 Roseboro Drive
Asheboro, NC 27203
Project: Starmount Development
Expiration of Acceptance: November 19, 2009
County: Randolph
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP wil l be approved. You must also comply with all other state, federal or local
government permits, regulations or authorizations associated with the proposed activity including SL 2008-152• An Act to Promote
Compensatory Mitigation by Private itigafion Banks
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
Impact
Credits
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer l
(Sq. Ft.) Buffer li
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Cape-Fear 03030003 0 0 299 0 0 0 0 0
Cape Fear 03030003 0 0 598 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Since ely,
William . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
John Thomas, USACE-Raleigh
Sue Homewood, NCDWQ-Winston-Salem
Jesse Wilson, agent
File
R-atoriit9... EKha"... ProtP.GtI,GC! Our State
NCDEE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200900062 County: Randolph USGS Quad: Asheboro
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorized Agent: Starmount Development, LLC
Address: 2777 Cox Mill Road
Asheboro, North Carolina 27205 coov
Telephone No.: 336 669-7683 . -1Size and location of property (water body, road name/number, town, etc.): Proposed commercial development site.
located off of US 64, in Asheboro, in Randolph County, North Carolina. The project is located adjacent to Vestal
Creek a tributary to Deep River which a tributary of the Cape Fear River.
Description of projects area and activity: Lot construction for new commercial development site as described in
your construction plan included with your application of December 15, 2008, resulting in 58 linear feet of stream
channel impacts to the jurisdictional waters of Vestal Creek.
Special Condition: The project includes bottomless arch culverts that do not require the dischariZe of dredged or
fill material into a water of the United States. It these bottomless arch culverts are replaced and require the
discharge of dredged on fill material into a water of the United States, comnensatorv mitigation for the'imoacts
will assessed at a 2:1 ratio.
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: NW 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 ?t verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas CaY9A9 554-4884 ext. 25.
Corps Regulatory Official 1 Date: 01/08/2009
Expiration Date of Verification: 01/08/2011
Page 1 of 2
The Wilmington District is cormnitted 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 htip://w%vw.saw. usace annv mil/WETLANDS/index html to
complete the survey online.
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 . Action ID
Basis of Jurisdictional Determination: Property has tributary to Vestal Creek which flows to the Cape Fear River and the
Atlantic Ocean.
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:Jean Manuele, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Driver, Suite 105
Wake Forest, North Carolina 27587
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 b received at the above address by March 8, 2009.
**It is not necessary to submit an I2 07 to the rstrict Office if yoido not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 01/08/2009 G Expiration Date 01/10/2011
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Page 2 of 2
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