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HomeMy WebLinkAbout20091024 Ver 1_401 Application_20090909CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. September 24, 2009 Ms. Liz Hair US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 RE: Deer Lake Village - Lot #3 Thomas and Betsy Little Transylvania County, North Carolina Ms. Hair, 09-1024 ?L?0v l S E P 2* 5 2009 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH ftPAIP 41 The attached Pre-Construction Notification (PCN) is being submitted on behalf of Thomas and Betsy Little. The applicants currently owns approximately 0.82 acre near Brevard in Transylvania County, North Carolina. The applicants are seeking a Nationwide Permits 29 to develop a single family home on a residential lot in Deer Lake Village. Should you have any questions regarding the attached PCN and supplemental information please do not hesitate to contact me at 828-698-9800. A copy of this package has been sent to Mr. David McHenry of the NC Wildlife Resources Commission and Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also been submitted to Ms. Linda Wiggs at the NC Division of Water Quality, Asheville Regional Office. Respectfully, Rebekah L. Newton R. Clement Riddle, P.W.S Project Biologist Principal Copy Furnished: NC Division of Water Quality, Raleigh - Cyndi Karoly (5 copies) NC Wildlife Resources Commission - David McHenry US Fish and Wildlife Service - Bryan Tompkins NC Division of Water Quality, Asheville - Linda Wiggs 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www,cwenv.com Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Deer Lake Village - Lot #3 2. Name of Property Owner/Applicant: Thomas and Betsy Little 3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc. *Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): n/a 5. Site Address: Deer Lake Road 6. Subdivision Name: Deer Lake Village 7. City: Brevard 8. County: Transylvania 9. Lat: 35.251795N Long: 82.731299W (Decimal Degrees Please) 10. Quadrangle Name: Pisgah Forest 11. Waterway: wetland adjacent to Lambo Creek (Deer Lake) 12. Watershed: Upper French Broad 06010105 13. Requested Action: X Nationwide Permit # 29 General Permit # Jurisdictional Determination Request Pre-Application Request The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: 09-04-'09 11:17 FROM-FRENCH BROAD REALTY 8288775496 T-170 P0004/0005 F-045 CLFARWATER ENVMONMMNTAL CONSULTANTS, INC. Department of the Army Wilmington District, Coips of Engineers Attn: Km Jolly, Chief Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Quality Attn: Cyndi Karoly 1650 Mail Service Center Raleigh, NC 27699-1650 I, the current landowner/managing partner of the property identified below, hereby authorize CleuWatm Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing ofpermits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivexs and Harbors Act. CEC is authorized to provide supplemental information needed foz pemm:it processing at the request of the USACE or DWQ. Property Owner of Record: Property Owner Address: ©15 b A L or.N t (- i ?;QEV?iRu)' sal c- ?s? >a Phone number: $a g- %S3- S63 Property Location: fD PG RLAK1E ?.' l c-t-A E3k 1j k P- J,q R t? N (- Ow.=/Managing partner Signature: `h&?" / "/ /I Date- 9 - 4 - 0 718 Oakland Sliest Hendersonville, North Carollno 28791 Phone: 828-698-9800 Fax: 828-698-9003 www.cwerw.com 0q-1024 of vv.?rE9 0- G Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification C Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification. ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Deer Lake Village - Lot #3 2b. County: Transylvania p 2c. Nearest municipality / town: Brevard 2009 2d. Subdivision name: Deer Lake Village 2e. NCDOT only, T.I.P. or state project no: DENR ?iE?B n/aOSp?pSTOR 3. Owner Information 3a. Name(s) on Recorded Deed: Mr. Thomas Little and Mrs. Betsy Little 3b. Deed Book and Page No. Deed Book 264; Page No. 722 3c. Responsible Party (for LLC if applicable): n/a 3d. Street address: 95 Dalonigei Court 3e. City, state, zip: Brevard, North Carolina 28712 3f. Telephone no.: 828-883-8624 3g. Fax no.: n/a 3h. Email address: n/a Page 1 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: owner 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. R Clement Riddle 5b. Business name (if applicable): Clearwater Environmental Consultants, Inc. 5c. Street address: 718 Oakland Street 5d. City, state, zip: Hendersonville, North Carolina 28791 5e. Telephone no.: 828-698-9800 5f. Fax no.: 828-698-9003 5g. Email address: rebekah@cwenv.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 8586-67-5667 1 b. Site coordinates (in decimal degrees): Latitude: 35.251795 Longitude: -82.731299 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 0.82 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Wetland adjacent to Lambo Creek (Deer Lake) 2b. Water Quality Classification of nearest receiving water: B; Tr 2c. River basin: French Broad (HUC 06010105 - Upper French Broad) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is a vacant residential lot adjacent to Deer Lake. The lot consists of maintained grass, a few large trees, and a small herbaceous wetland area. Lambo Creek is along the eastern lot boundary. Land use in the vicinity is residential. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 0.13 acre. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 310 linear feet. 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a single-family house on Lot #3 of Deer Lake Village. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will include the filling of a small portion of wetland on Lot #3 in Deer Lake Village. Typical construction and earth-moving equipment will be utilized on site. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ? No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Newkirk Environmental Name (if known): Clement Riddle Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Wetland delineation was approved by David Baker on January 8, 1997. 5. Project History 5a. Have permits or certifications been requested or obtained for T O Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. A 401 Water Quality Certification and 404 Permit to dredge the lake and upgrade the dam were issued to Mr. Alan Lait of Greenwood Development Company on July 3, 2000 and August 7, 2000, respectively. The Action ID for this permit is 200030771; the DWQ Project No. is 000571. A permit was issued for Lot #3 on May 22, 2008 to Mr. Karl E. Will. This permit (attached) authorized fill associated with lot development. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form -Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 EDP[] T Fill herbaceous ? Yes ® No ® Corps ® DWQ 0.017 W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.017 2h. Comments: Total impacts include approximately 739 square feet to an herbaceous wetland. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ -non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, 5a. 5b. Pond ID Proposed use or purpose number of pond Stream Impacts (feet) Flooded I Filled I Excavated I Flooded I Filled I Excavated Upland (acres) Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number- Reason Permanent (P) or for Temporarv (T) impact B1 ?P?T B2 ?P?T B3 ?P?T 6i. Comments: then complete the chart below. 5c. Wetland Impacts (acres) ? Neuse ? Tar-Pamlico ? Other: ? Catawba ? Randleman 6e. 6f. 6g. Buffer Stream name mitigation -required? ? Yes ? No ? Yes ? No ? Yes ? No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) 5d. 5e. Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The homesite has been placed in accordance with all setbacks dictated by the State and local government. The applicant does not wish to fill the entire wetland, only the area for the homesite. The applicant is avoiding 0.113 acre (87%) of wetlands on the lot. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Fill material will be brought in from offsite and will be clean and free of debris. All construction equipment will be in good, working order and free of leaks. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 8.5% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project is a single-family residence which does not contain impervious surface area greater than or equal to 24%. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ? No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Project includes the development of a single-family lot in an existing residential subdivision. This project will not result in additional development which could impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will be treated via the local municipal facility. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® F1 Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act i ® ? Yes No mpacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS County list and the Natural Heritage Program Virtual Workroom. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes no No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation t ? Yes ® N s atus (e.g., National Historic Trust designation or properties significant in o North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? National Parks Service; National Register of Historic Places; National Register Information System database. One property listed on the National Register of Historic Places is located within 1 mile of the project site. This property is the Brevard College Stone Fence and Gate (NPS Reference # 93001436). Activities at the project site should not threaten the integrity of this sites. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Map Service Center; Map Panel 37175C01 13C. C 1e eat 2 ?\? ? pi-J?; ??U-- zT-0 q . Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 1 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version A1Nf100 VINVAIASNVH1 31111-1 SVWOHJ SI4 'ON 173f OiJd 030 608060 :31Va 2006-969 (8Z8) :xVj 'out `sluellnSUO:D jejuawuoilAu3 c ddW lDbdWI ONb 9NIllIW2J3d 030 ,keNMVaa 0086-869 (928) :3NOHd L 99V-1-11A ?.,/ 833(l 16L9Z ON 3IIIANOSa30N3H G? e 'ON 133HS 2?/. 10-1 - A N v J 1334 SZ = H?NI I 1S GNVT4VO 81L pUpliaM ----- wraais d N3 93-1 sn'l n ,L8'SZ 170 .8Z P09 N z 0 0 CL N O N N G N O w 'v rn Q, U LA - Deer Lake Village - Lot #3 I / F f o?vne G0 ?a W'nter 9retn Dt + Dross Or ?o r ?a SR X56 `k ?' as Hold$(% Legend Parcel Transylvania County, North Carolina °8. ? s Rd Camb'td0e V ?J Y 0 z 'View Cir N r fr f11 4 0 250 500 1.000 1,500 Feet Clearwater Environmental Consultants, Inc. 718 Oakland Street Site Vicinity Figure 1 Hendersonville, North Carolina 28791 Deer Lake Village - Lot #3 Deer Lake Village - Lot #3 Deer Lake Village -Lot #3 J.S. ARMY CORPS OF ENGINP ERS WILMINGTON DISTRICT Action ID. SAW-2008-1399 County: Transylvania USGS Quad: Brevard GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Karl E. Will Address: 2,!i6 Oak Park Drive Brevard, NC 28712 Telephone No.: 828-884-8981 Size and location of property (water body, road name/number, town, etc.): The approximate 0.8 acre Lot #3 with frontage on Deer Lake in Deer Lake subdivision in Brevard, NC. Description of projects area and activity: To fill an approximate 0.01 acre wetland swale adiacent to Deer Lake in conjunction with site preparation for a residential homesite. The remaining wetlands bordering the western side of Lot 3 are to remain undisturbed. 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: 29 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. Special Conditions 1. All work must be performed in strict compliance with the plans received by this office on April 24, 2008, which are a part of this permit. Any modification to the permit plans must be approved by the USACE prior to implementation 2. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. 3. All conditions of the attached North Carolina Wildlife Resources Commission letter of May 7, 2008 are hereby incorporated as special conditions of this permit. 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 (919) 733-1786) 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 David Baker at 828-271-7980. Corps Regulatory Official David Baker Date: Mav 22, 2008 Expiration Date of Verification: May 22, 2010 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 http://regulatory.usacesurvgy.com/ to complete the survey online.