HomeMy WebLinkAboutExton Park_US Army_CorpU.S. ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-00952-065 County: New Hanover USGS Quad: Castle Hayne
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
~2cu e3gent>r`_°"`uward Penton
ress Penton Properties
6435 Shinnwood Road
Wilmington, North Carolina 28409
Telephone No.: 910-452-1410
Size and location of property (water body, road name/number, town, etc.): The approximately 35 acre project area is
located along the west side of North College Road, north of Blue Clay Road, in adjacent wetlands and unnamed
tributaries to Prince Georges Creek, north of Wilmington, North Carolina.
Description of projects area and activity: Excavation of and discharge of fill material into 0.053 acres of linear
Waters of the U.S. and 0.008 acres of iurisdictional wetlands as well as temporary impact to 0.356 acres of
jurisdictional wetlands for the purpose of constructing a retaining wall/bulkhead and installing utilities associated
with the proposed Exton Park Townhomes development.
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: 12 and 18
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 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 in Wilmington, NC at (910) 796-7215.
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 Jennifer Frye at 910-251-4923.
Corps Regulatory Official - rO2 - Date: 07/27/2007
d j
Expiration Date of Verification: 07/27/2009
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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 . Action ID
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps of Engineers Wetland
Delineation Manual and is adiacent to unnamed tributaries to Prince Georges Creek a tributary to the Northeast Cape Fear
River, a Navigable Water of the U.S. This site also contains waterbodies that exhibit an Ordinary High Water Mark and are
these waters. It was determined that these wetlands are not borderin neighboring or contiguous with any jurisdictional
waters. This determination is based on information submitted by SEC, Inc. on 10/11/2006 and a site visit by Jennifer Frye on
10/26/2006
Appeals Information (This information applies only to approved jurisdictional determinations as indicated above)
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 (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:
District Engineer, Wilmington Regulatory Division
Atm:Jennifer Frye, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
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 District 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 9/27/2007.
It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 07/27/2007 42__~~Exprration Date 07/27/2012
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