20060973 Ver 4_More Info Received_20090820

Mcmillan, Ian
From: Jay Keller [[e-mail]]
Sent: Thursday, August 20, 2009 11:04 AM
To: 'Ian McMillan'
Cc: Brent Niemann
Subject: RE: birchwood 06-0973
Attachments: birchwood 404 permit 8-19-09.pdf
Hello Ian, attached is the 404 permit for birchwood that we obtained from Thomas
yesterday. We are planning on submitting information to your office this Monday.
It will include the following:
4. Cover letter including response to eastern half questions below
New/revised PCN
4- $240 check
We are not planning on submitting plan sheets. Per Corps conditions, a new
Jurisdictional Delineation will be required prior to any impacts.
Please confirm. Thanks, Jay
From: Mcmillan, Ian [maiIto: [e-mail]]
Sent: Monday, August 03, 2009 12:10 AM
To: Jay Keller; 'Ian McMillan'
Subject: RE: birchwood 06-0973
Jay, please contact Thomas Brown of the USACE. - Ian McMillan
From: Jay Keller [[e-mail]]
Sent: Tuesday, July 28, 2009 11:44 PM
To: 'Ian McMillan'
Cc: 'Ian McMillan'
Subject: birchwood 06-0973
Hello Ian. We received a copy of the return of application letter recently. There were 2 items
addressed. They are:
1. Are there plans to develop the remaining areas of the site that do not show lot lines on the
submitted plans?
2. The stub for Preston Drive on the adjacent property provides access to the west side of the
Birchwood Homes sites. Please provide the final site plan for the west side of the
development along with any proposed wetland impacts.
Since all of our offices are attempting to save money currently, we are addressing these issues via
email and will followup with hard-copies. Attached is the drainage area map that was submitted on
March 23, 2009 for visual.
1
The western property may be developed in the future. The Corps JD for the wetland areas shown on
the attached exhibit expired March 31, 2009. If the western tract is developed in the future, a new
wetland delineation will be done and approved. Once this survey is approved, site design for the
western property will incorporate wetland avoidance and minimization, respectively.
Please respond at your earliest convenience. Thanks, Jay
Jay Keller
Principal
Keller Environmental, LLC
7921 Haymarket Lane
Raleigh, NC 27615
[phone] office/fax
[phone] cell
U.S, ARMY CORPS OF ENGINEERS
WILMING'T'ON DISTRICT
Action ID. 200901557 County: Nash USGS Quad: Nashville
GENERAL PERMIT (REGIONAL NN1D NAT%ONNVI:DE) VE.R.IFICATION
Property Owner / Authorized Agent: Maevco Development LLC
Address: Claude Mavo
3051 Sunset Avenue
Rocky Mount, NC 27804
Telephone No..
Size and :location of property (water body, road name/number, town, etc.): The proRerty is located North of H-A,v 58,
south of golfers Lane, southeast of Nashville, Nash County, .NC.
Description cif projects area and. activity: This after the fact permit authorizes the use of Nationwide permit 18 for
jT acts to 0,028 acre (of wetland associated with a detention pond. This i)erntit also authorizes the use of
Nati2nwide2a Mlt. 29 for impacts to 0.215 acre of wetland associated with subdivision roads, and lot fill. Any
fditure gq acts to wetlands associated with this site will be contsitered cumulative with this permit and will require
sa new Jurrisdictional Delineation. Any deviation from the perinit conditions could result in. an. administrative
enalt . PLEASE SEE .ATTACHED PERMIT SPECIAL CONDITIONS.
Applicable Law: E Section 404 (Clean Water Act, 33 USC 1344)
r-1 Section 10 (Rivers and Harbors Act, 33 L'SC 40:3)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 181
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
pei-mittee 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 anchor
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-ease 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 recluirenrcnts.
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 permitfee 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 at 919-554-4884 x22.
Corps Regulatory Olficial<? -?'•-,?_ bate: 08/19/2009
Expiration Date of Verification: 08/19/201.1
The Wilmington District is corn.mitted to providing the highest level of support to the public. To help trs ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit ,http://www.sa}_v__usace.arrriv,rtri.l/WE'I'1..A., DS!Sndex litml 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 Nvetla:nds within the above. described project area.
This preliminary determination is not an appealable action under the Regulatory Program. Administrative Appeal Process
( Reference 33 C:FR Part 33J),
[? 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, dais determination may be relied upon for a period not to exceed five years from the date of this
notification.
Z 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 ((.,.W:4)(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.
? 'I"he 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:
Appeals Information ('.This information applies only to approved jurisdictional determinations.)
This correspondence constitutes an approved jurisdictional determination for the above described site. 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 (NA.P) 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:Thomas Brown, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage "Frade Drive, Suite 105
`Vakc Forest, North Carolina 27587
In order far 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 NA.P. Should you
decide to submit an RFA form, it must be received at the above address by 11/09/09.
**it is not necessary to submit an Itkform to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory 0
Date 08119/2009 / Expiration Date 08/19/2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC,, MUST BE
ATTACHED TO THE FJLE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE,
Copy Furnished:
Keller Environmental
7921 Haymarket Lane
Raleigh, NC.- 27615
Page 2 of 2
Action ID: 200901557 Counties: Nash
SPECIAL PERMIT CONDI'T'IONS
Requiring payment into the North Carolina Ecosystem Enhancement Program:
IN I
You shall mitigate it a. 1:1 ratio for 0.243 acres of unavoidable impacts to wetlands
associated with AID 200901557 by payment to the North Carolina Ecosystem.
Enhancement Program (NCEEP) in the amount necessary to perforce restoration to 0.243
acres of non-riparian wetland in the Neuse River 'Basin (Cataloging (Jnlt 03020201).
Construction within jurisdictional areas on the property shall begin only after the
permittee has trade full payment with certified check to the NCIEE3P, and the NCEEP has
made written confirmation to the District Commander, that it agrees to accept
responsibility for the mitigation work required, pursuant to paragraph IV.D. of the
Memorandum of Understanding between the North Carolina Department of Environment
and Natural Resources and the U.S. Army Corps of Engineers, Wilmington District,
Dated November 4, 1.908,
Action ID Nuni.ber:200901557 County:Nash
Permittee: Maeveo Development
Date Verification Issued: 8/19/09
Project Manager: Thomas Brown
Upon cornpletion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
UIS ARMY CORPS OF ENGINEERS
W.IL.;M.INGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 284+02-1.890
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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 ADMENISTRATIVE APPF.A.L OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
T.lTlicant: Maeveo L evelopt-tient ? 7I i1e Number 200901557 ? Date: 8/1.9/09

At
tached is:
See Section below _
INITIAL. PROFFERED PERMIT (Standard Permit or :Letter of A
2 1rrnissi9n) _
? ____..... ...... ........
PROFFERED PERMIT (Standard. Permit or Letter of permissiort) B
PER-MIT I)EN:IA:L C
PPROVEI) JURISD.ICTIIONAL DETERMINATION D
- -
F REI-I:VIINAR.Y JURISDICTIONAL DETERMINATION
P E
SECTION I - The fbllowing identities your rights and options regarding an administrative appeal of the above
decision.. Additional information may he found at hit/lwww.usnce.arr7iy.ii7iUinet/fianctionsJcw/cecwoirt?g or
Cor eg4llatic n at 3 CIt R Fart331,
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 dtc 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 It of this form and return the forth 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 sorne 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 fbr your reconsideration, as indicated in Section B below.
L3: PROFFERED P.} R MIT: You may accept or appeal the permit
w ACCEPT: If you received a Standard Permit, you may sign the permit docutnent and return it to the district engineer for final
authorization.. If you received a Letter of'Penmission (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 jurisdicdorial determinations associated with the permit.
v APPIAL: 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 firm
and sending the fcmn to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice:.
C; Pt?RMIT DENIAL: You may appeal the denial ofa 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.
m ACCENT: You do not need to notifv the Corps to accept an approved JD. Failure to notafy the Corps within 60 days of the date of
this notice, means that you accept the approved ID in its entirety, and waive all. rights to appeal the approved. JD.
r 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 lI of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRF?LIM NARY 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.)
e- --- -
ADDITIONAL INFORMATION; The appeal is limited. to a review of the administrative record, the Corps
Memorandum for the record ofthe 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 intormation or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
PO)N T OF CONTACT FOR QUESTIONS OR INFORMATION: _
Ifyou 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. Mike Hell, Administrative Appeal Review Officer
919-554-4884 x22 CFSAD-ET--CO--R.
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9:M15
Atlanta, Georg 30303-.5801
RIGHT OF F;V I'RY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
goverrrnent 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 a. Llan:t or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional :Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn:Thomas Brown, Project Manager, Raleigh
Regulatory Field Office, 33:31 Herftage Trade Dr, Sprite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike .Bell,
Administrative Appeal Officer, CESAD-:lE,r-cO-k., 60 Forsyth Street, Room 9MI5, Atlanta, Georgia
30303-8801
Mcmillan, Ian
From: Jay Keller [[e-mail]]
Sent: Thursday, August 20, 2009 11:07 AM
To: 'Brown, Thomas L SAW'
Cc: Brent Niemann; 'Ian McMillan'
Subject: RE: birchwood 06-0973; corps office visit this wednesday
Attachments: birchwood 404 permit 8-19-09.pdf
Thanks a bunch Thomas. Have a great day. Jay
-----Original Message-----
From: Brown, Thomas L SAW [mailto:[e-mail]]
Sent: Wednesday, August 19, 2009 1:24 PM
To: Jay Keller
Subject: RE: birchwood 06-0973; corps office visit this wednesday
Jay,
The permit is on Dorothy's desk, and is ready to be picked up. It will also be mailed.
Thanks,
Thomas
-----Original Message-----
From: Jay Keller [mailto:[e-mail]]
Sent: Wednesday, August 19, 2009 9:34 AM
To: Brown, Thomas L SAW
Subject: RE: birchwood 06-0973; corps office visit this wednesday
I was planning on arriving around lunch but I could do some field work then pick it up in the
latter part of the afternoon. Thanks, Jay
-----Original Message-----
From: Brown, Thomas L SAW [mailto:[e-mail]]
Sent: Wednesday, August 19, 2009 9:28 AM
To: Jay Keller
Subject: RE: birchwood 06-0973; corps office visit this wednesday
What time will you be coming in? I will try to have it written by lunch.
Thanks,
Thomas
-----Original Message-----
From: Jay Keller [mailto:[e-mail]]
Sent: Tuesday, August 18, 2009 1:10 PM
To: Brown, Thomas L SAW
Cc: 'Brent Niemann'
Subject: RE: birchwood 06-0973; corps office visit this wednesday
Hello again Thomas. I'll be dropping off 2 permit packets tomorrow for Jamie & Eric. It
would help us a lot if I could pick up the birchwood permit while at your office. Please let
me know if you can asap. Thanks, Jay

From: Jay Keller [mailto:[e-mail]]
Sent: Tuesday, August 04, 2009 12:08 PM
To: 'Brown, Thomas L SAW'
Cc: Brent Niemann
Subject: RE: birchwood 06-0973; please call
Thanks for your help this morning Thomas. I would surely appreciate if you could get the
birchwood 404 done this week. If you can, I would like to pick it up when ready. Thanks and
see you soon. Please let me know if you need anything else to make your job easier. Jay
From: Jay Keller [mailto:[e-mail]]
Sent: Monday, August 03, 2009 11:46 PM
To: Brown, Thomas L SAW
Subject: FW: birchwood 06-0973; please call
Hello Thomas, please call my cell at your earliest convenience. I left you some phone
messages today too. Thanks, Jay
Jay Keller
Principal
Keller Environmental, LLC
7921 Haymarket Lane
Raleigh, NC 27615
[phone] office/fax
[phone] cell
From: Mcmillan, Ian [mailto:[e-mail]]
Sent: Monday, August 03, 2009 12:10 AM
To: Jay Keller; 'Ian McMillan'
Subject: RE: birchwood 06-0973
Jay, please contact Thomas Brown of the USACE. - Ian McMillan
2
From: Jay Keller [[e-mail]]
Sent: Tuesday, July 28, 2009 11:44 PM
To: 'Ian McMillan'
Cc: 'Ian McMillan'
Subject: birchwood 06-0973
Hello Ian. We received a copy of the return of application letter recently.
There were 2 items addressed. They are:
1. Are there plans to develop the remaining areas of the site that do
not show lot lines on the submitted plans?
2. The stub for Preston Drive on the adjacent property provides access
to the west side of the Birchwood Homes sites. Please provide the final site plan for the
west side of the development along with any proposed wetland impacts.
Since all of our offices are attempting to save money currently, we are addressing these
issues via email and will followup with hard-copies.
Attached is the drainage area map that was submitted on March 23, 2009 for visual.
The western property may be developed in the future. The Corps JD for the wetland areas
shown on the attached exhibit expired March 31, 2009. If the western tract is developed in
the future, a new wetland delineation will be done and approved. Once this survey is
approved, site design for the western property will incorporate wetland avoidance and
minimization, respectively.
Please respond at your earliest convenience. Thanks, Jay
Jay Keller
Principal
Keller Environmental, LLC
7921 Haymarket Lane
Raleigh, NC 27615
[phone] office/fax
[phone] cell
3