20090543 Ver 1_USACE Permit_20090520

o9-oN3
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2009-00437 County: Pender USGS Quad: Burgaw and Wallace
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Mr. Martin Beach Agent: Ms. Kim Williams
Town of Burgaw Land Management Group
Address: 109 N. Walker Street 3805 Wrightsville Avenue, Suite 15
Burgaw, NC 28425 Wilmington, NC 28403
Telephone No.: 910-452-0001
Size and location of property (water body, road name/number, town, etc.): The project area is located along the east
side of U.S. Highway 117 and Osgood Canal, between the towns of Wallace and Burgaw, Pender County, North
Carolina.
Description of projects area and activity: Town of Burgaw Wastewater System Improvements. This permit authorizes
the temffo_rary discharge of fill material into 0.225 acres of stream and 1.129 acres of wetlands for the installatinn
of a 20 inch force main sewer line. ((' U l1
i
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) t' c
? Section 10 (Rivers and Harbors Act, 33 USC 403) MAY 1, 2???
Authorization: Regional General Permit Number: DENS -WATER QUAL] T Y
Nationwide Permit Number: 12 WETLANDS AND STORmliATER BPANCFl
SEE ATTACHED GENERAL, REGIONAL AND SPECIAL CONDITIONS
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 Date: May 18, 2009
Expiration Date of Verification: May 18, 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 b.iip://www.saw.usace.armv.mil/WETLANDS/index.html 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 on August 22, 2008. Action ID 2008-00042
Basis of Jurisdictional Determination: This site exhibits wetland criteria as indicated by the 1987 Corps Wetland Delineation
Manual and is adiacent to several unnamed tributaries, Rockfish Creek, Burgaw Creek, Washington Creek and Lewis Creek.
The water bodies exhibit ordinary high water marks as indicated by the presence of wrack lines, sediment sorting and
deposition, bed and banks and the absence of vegetation in the stream channels. This determination is based on information
provided by Land Management Group and a site visit by Ronnie Smith of the USACE on 1/2/08.
Corps Regulatory Official:
Date: May 18, 2009

Expiration Date: May 18, 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.
Copies Furnished:
Ms. Emily McArthur
McKim & Creed
243 North Front Street
Wilmington, NC 28401
Ms. Joanne Steenhuis
NCDENR-DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Mr. Ian McMillan
NCDENR-DWQ
1650 Mail Service Center
Raleigh, NC 27699
Page 2 of 2