20081666 Ver 3_SAW Verification_20181031

Goss, Stephanie
From: Williams, Andrew E CIV USARMY CESAW'(US) <[e-mail]>
Sent: Wednesday, October 31, 2018 4:19 PM. ,
To: _ [e-mail]
Cc: Goss, Stephanie; Williams, Andrew E CIV USAR'MY CESAW (US)
Subject: [External] Corps of Engineers SAW -2008-01701 Nationwide Permit #29 (Ricky Beal
'Subdivision) -
Attachments: SAW-208-01701permitverification.pdf;;plans.pdf
CAUTION: External.email. Do not click links or open attachments unlessuerified. Send all suspicious email as an
attachment to Report Spam:<mailto: repo rt:[e-mail]>
Mr. Klarmann,
Attached to this message. is your requested Section 404 permit authorization/authorizations for the following project:
Corps of Engineers SAW -2008-01701 Nationwide Permit #29 (Ricky Beal Subdivision)
Also attached are the approved plans, corresponding regional and general conditions and a copy of the permit
compliance certification.
Please note that the,attached conditions must be strictly adhered to in,order for this permit authorization -to remain
valid and that the compliance certification must be returned to this office when the work is completed.
i
This electronic copy is your official Department of the Army Notification;{no paper copy will be mailed, unless specifically -
requested.
I
�I
Please contact me if you have any questions or concerns regarding this permit verification. Thanks.
Andrew Williams
Regulatory.Project Manager
US Army Corps of Engineers
Wilmington District, Raleigh Regulatory Field.Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
919-554-4884 ext. 26.

U.S.. ARMY CORPS OF ENGINEERS
. WILMINGTON DISTRICT
Action Id. SAW -2008-01701 County: Chatham County U.S.G.S. Quad: Farrington
GENERAL PERMIT (REGIONAL. AND NATIONWIDE) VERIFICATION
Permittee:
Dave Klarmann
Straight Up Realty
Address:
136 West Street
Pittsboro, North Carolina 27312
Telephone Number:
919-545-0154
Size (acres)
<0.5 acre
Nearest Waterway
Haw River
USGS HUC
03030002
Nearest Town ' Pittsboro
River Basin Cape Fear
Coordinates Latitude: 35.784541
Longitude: -79.040534
Location description: The crossing site is located approximately 0.25 mile north-northwest of the Big Woods Road, The Glades
intersection in Chatham County, North•Carolina. It is identified as the'Ricky Beal Subdivision.
Description of projects area and activity: This authorization is for the permanent discharge of clean fill material associated with
an existing culvert replacement project. Permanent impacts include replacement of a single 24 linear foot culvert'with two (2)
new 48 linear foot culverts (one at streambed level and one 12 inches higher) within 48 linear feet of stream channel. The
culvert replacement is associated with the Ricky Beal Subdivision Project.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pen -nit Number and/or Nationwide Permit Number: NWP 29 Residential Developments
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR 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 application and attached information dated September 19, 2018. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general, 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- and/or regional general permit
authorization expires or is suspended, revoked,. or is modified, such that the activity would no longer comply with the terms and
co,ndi'tions of the nationwide permit, activities which have commenced (i.e.,' are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain ,authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general 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 Resources (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 in Morehead City, NC, at [phone].
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 Andrew Williams at [phone] or Andrew.E.Williams2(a)usace.army.mil.
Corps Regulatory Official:
Date: October 31, 2018
Expiration Date of Verification: March 18, 2022
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RNA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ 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 (RHA) (33 USC § 403) and 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.
3. ❑ There are waters, including wetlands, within the above described project area that are 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.
4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW -
B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed.
C. Remarks: An approved jurisdictional detennination was completed by the U.S. Army Corps of Engineers on July 9,
2008 and expired on July 9, 2013.
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 30303-8801
Phone: [phone]

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 Division 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 Not Applicable.,
It is not necessary to submit as RFA form to the Division Office if you do not object to the determination in this
Correspondence. ' Digitally signed by WILLIAMS.ANDREW.E:1244561III
f� /t DN: c=US, o=U.S. Government, ou=DoD, ou=PKI;
APC7 ou=USA,cn=WILLIAMS.ANDREW.EA 244561655
Corps Regulatory Official: /vt Daie:zo,a.lo.a„6:oz:as-oaoo
Andrew Williams
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 our Customer Satisfaction Survey, •located online at
http://corpsmgpu.usace.army.mil/cm ape�N?p=136:4:0.
Copy furnished:
Stephanie Goss • r
North Carolina Department of Environmental, Quality
Water Resources Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
i,

Action ID Number: SAW -2008-01701
Permittee: Dave Klarman
Straight Up Realty
Project Name: Ricky Beal Subdivision
Date Verification Issued: October 31, 2018
Project Manager: Andrew Williams
County: Chatham County
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
"WHA, swill"
Applicant: Dave Klarman Straight Up Realty File Number: SAW-2008-01701 Date: October 31, 2018
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT (Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information maybe found at http://www usace.anny.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Andrew Williams
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant oragent.
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Goss, Stephanie
From: David Klarmann <[e-mail]>
Sent: Friday, November 09, 2018 8:29 PM
To: Goss, Stephanie
Subject: [External] Re: Ricky Beal Subdivision
We've had the distance changed to 48 feet to comply with new pipe.
Sent from myiPhone
On Nov 9, 2018, at 3:00 PM, Goss, Stephanie <[e-mail]> wrote:
Mr. Klarmann,
I am currently reviewing the above referenced project and have several comments:
• Page 10 of 10 of the PCN depicts the signature of Dave Klarmann. The application package
requires an agent authorization letter signed by the applicant/owner. A sample agent
authorization letter can be found on the USACE website. Please e-mail to Stephanie Goss at
[e-mail] [15A NCAC 02H .0502(f)]
• The stream impacts requested in this application need to be clearly shown and enumerated on
a site plan. These impacts need to correspond to the impacts requested in the application. The
labels on the site plan must match the impacts listed in the application. As the application and
impact map currently stands, it is not possible to match up what is listed the application with
the site plan. Please e-mail an impact map to Stephanie Goss at [e-mail]
[15A NCAC 02H .0502(g)]
• The USACE issued their 404 permit on 10/31/18 -impacts include the replacement of 24 linear
feet culvert with 2-48 linear feet culverts within 48 linear feet of stream channel. Your PCN
submitted on 10/1/18 requests 28 linear feet of impact. Please clarify the impact requested in
the PCN.
• The project is located in Chatham County, Jordan Lake Watershed. Chatham County has
delegated authority regarding the buffers; therefore, a buffer authorization must be obtained
from Chatham County for the buffer impacts for this project. Please contact Rachel Thorn at
919-545-8343 or [e-mail]
Thanks in advance!
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276o9
919-791-4256
E-mail correspondence to and from this address may be subject to the