20181541 Ver 1_SAW-2018-00567 NWP 39_20181207

Strickland, Bev
From: Charles, Thomas P CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, December 07, 2018 1:40 PM
To: Williams, Kimberlee
Cc: Mairs, Robb L
Subject: [External] NWP 39
Attachments: SAW -2018-00567 NWP 39.pdf
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Good afternoon Kim,
NWP attached. You two have a good weekend.
Regards, Tom
Tom Charles
[e-mail]
Regulatory Specialist
910-251-4101 cell 910-465-7602
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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 Survey located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
1

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2018-00567 County: Carteret County U.S.G.S. Quad: NC -Core Creek
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Pruitt Properties, Inc.
C/o Ms. Nicole Frazier
1626 Jeurgens Court
Norcross, GA 30093
Agent: Land Management Group
C/o Kim Williams
3805 Wrightsville Ave, Suite 15
Wilmington, NC 28403
Size (acres) 13.43
Nearest Waterway North River
USGS HUC 03020301
Nearest Town Beaufort
River Basin White Oak
Coordinates Latitude: 34.751766
Longitude: -76.630184
Location description: The project area is located east of US Highway 70, north of New Hope Baptist Church and northwest
agriculture field, Beaufort, Carteret County, NC 28516.
Description of projects area and activity: This NWP 39 verification authorizes permanent impacts to 0.121 acre of two
jurisdictional ditches of open waters for the construction of an assisted living facility consisting of two buildings and parking
lots.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 39
SEE ATTACHED RGP or NWP 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 application, attached information dated 11/13/2018 and attached survey dated 10/18/2018. 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 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 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 (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth 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 Thomas Charles at [phone] or Thomas.p.Charles(a-usace.army.mil.
CHARLES.THOMAS.P.12 DD giGllySiig=.dbGovermmESn HO- .P.1uE= 1%
Corps Regulatory Official: 88547196 D -2018,x0733,:6 -0M P.,:easa),% Date: 12/7/2018
Expiration Date of Verification: March 18, 2022.

Determination of Jurisdiction:
A. ❑ 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 (RHA) (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.
B. ❑ 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.
C. ® There are waters, 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action _Click here to
enter text..
Basis For Determination: The project area exhibits wetland criteria as described in the 1987
Corps Wetland Delineation Manual and The Atlantic and Gulf Coastal Plain Regional Supplement. The
water bodies exhibit ordinary high water marks as indicated by the absence of vegetation. Site visit by
Thomas Charles 5/10/2018.
Remarks: None.
E. 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.
CHARLES.THOMAS.P.1288547196 DN: c=US,ally o U.S.ed Government,
vernmCHARLEnt,ou=DoD, u=PKI, 196
Date: 2018.1 0713o34r46 OS'00'u=DoD, ou=PKl, ou=USA,cn=CHARLES.THOMAS.P.1288547196
Corps Regulatory Official:
Thomas Charles
Date of JD: 12/7/2018
Expiration Date of JD: N/A

SPECIAL CONDITIONS
In order for this Nationwide Permit to be valid, you must obtain 401 Water Quality Certification
from the North Carolina Division of Water Resources. The permittee shall provide the Corps with a
copy of the required certification or waiver of certification from the state prior to proceeding with
the work in waters of the U.S. The permittee shall comply with all conditions of the state
certification.
2. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall
include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices
around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).

Action ID Number: SAW -2018-00567 County: Carteret
Permittee: Pruitt Properties, Inc. c/o Ms. Nicole Frazier
Project Name: Pruitt Health
Date Verification Issued: 12/7/2018
Project Manager: Thomas Charles
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: Thomas Charles
Select Field Office Name
U.S Army Corps of Engineers
Select Field Office Street Address
Select Field Office City
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

4
CHARLES.THOMAS.P.1 Digitally signed by CHARLES.THOMAS.P.1288547196
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Date: 2018.12.07 13:35:09 -05'00'
*Boundaries are approximate and are not meant to be absolute.
Map Source: 2016 NC OneMap Aerial Photography
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PruittHealth Sea Level �:LMG
Carteret County, NC LAND MANAGEMENT GROUP Figure 4
aDA`EY# `omp y 2016 Aerial Photograph
www.lmgroup.net
August 2018 3805 Wrightsville Avenue; Suite 15
LMG18.373 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

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