20051881 Ver 5_USACE Permit 11-2-05_20190301

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200420295 County: Guilford USGS Quad: Mangum
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Ken Lindholm.
Address: Faith Properties
10410-50OG Park Road
Charlotte, NC 28210
Telephone No.: 704-564-2672
Size and location of property (water body, road name/number, town, etc.): The proiect site is located northwest of
Barrow Road, and southwest of Clinard Farm Road, Near Hiehpoint, in Guilford County NC
Description of projects area and activity: This permit authorizes the permanent impact of 149 linear feet of stream
associated with a road crossing. This permit also authorizes the fill of .09 acres of wetlands associated with a_
subdivision.
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: 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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. 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 new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
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 Thomas Brown 919 876- 441 x22.
Corps Regulatory Official Thomas Bre-ell, f Date: November 2, 2005
Expiration Date of Verification: March 18, 2007
SCANNED
Dater

-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 July 22,2005. Action ID 200420295
Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and are adiacent to an unnamed tributary to Oak Hollow Lake. The property .
contains stream channels that exhibit an Ordinary High Water Mark as indicated by changes in soil character
and absence or terrestrial vegetation and are hydrologically connected to Oak Hollow Lake, in the Cape Fear
River Basin.
Corps Regulatory Official: Thomas Brown
Date November 2, 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DEL _nvEATION FO_I IS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
S&EC
Attn: Wendell Overby
236 Lephillip Court, Suite C
Concord, NC 28025

s,fy ,yy"t+,,<+r�%
its . K Y*4 ,� 4 ✓ !}S pje En%-kAii- `H. +�?'Y'$ii'.9F ,,
,&N TION' ADMII�]ISTRATLVE APPEAL O�IOOk1TTS ANDPRO�ESS�AND ,;N r ' r
�RE
Q..
c.. _... :. ...: ..... ...:..... .— xr.. -.. '.$ ..."., �, c. ... .: ✓,� ....r s+ i r.. t '?Eyi '� At..4. ..Y.Ys.. £ 1.. .. ...:._
Applicant: Lindholm Faith Properties
File Number: 200420295
Date: November 2, 2005
Attached
is:
See Section below
IAL PROFFERED PERMIT (Standard Permit or Letter of
MTission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies�your rights and options regarding an administrative appeaI f'the above
decision. ' .Additional information may be found at iitto:iiviww usace gM miiiinetifunctioils/cw/6ecwoireg,or
Corps. reg lations'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
I 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 H 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 - RE UEST 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 UESTIONS'OR`INFORMATION.
If you have questions regarding this decision
If you only have questions regarding the appeal process you
and/or the appeal process you may contact:
may also contact:
Thomas Brown
Mr. Michael Bell, Administrative Appeal Review Officer
6508 Falls of the Neuse Road
CESAD-ET-CO-R
Suite 120
U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, NC 27615
60 Forsyth Street, Room 9M15
919-876-8441 x22
Atlanta, Georgia 30303-8801
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 opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant oragent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490