20031643 Ver 2_Corps of Engineer Correspondence_20150102

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
December 24, 2014
Dear Mr. Wallace:
On December 3, 2014, we received a complete application from you requesting
Department of the Army (DA) authorization for after-the-fact impacts to 1.006 acre of non-
riparian wetlands and authorization to fill 0.048 acre of non-riparian wetlands to facilitate the
development of Seagrove residential subdivision. The 25.3-acre project area is located west of
Pinfish Lane, north of Ocean Boulevard, and south of Carolina Sands, Carolina Beach, New
Hanover County, North Carolina. The file number assigned to your application is Action ID
SAW-2003-01262. Please refer to this number in all future correspondence.
The Corps of Engineers received one written response to the Public Notice issued
December 5, 2014 from the Department of NOAA's National Marine Fisheries Service (NMFS)
dated December 15, 2014. The letter stated that the proposed project does not occur in the
vicinity of essential fish habitat (EFH). No further action is planned and NOAA's position is
neither supportive of nor in opposition of the proposed work. A verbal response and request for
in-office meeting was received by Mr. Ron Sutton on December 15, 2014. The Corps met with
Mr. Sutton on December 19, 2014 in which he voiced concerns about the regular flooding that
occurs on his property. He is a resident at 603 Carolina Sands Drive, located directly behind
1210 Pinfish Lane. He claims that the raising of the ground surface at 1210 Pinfish will have a
direct adverse effect on his property, Mr. Sutton also provided photographs as evidence of
flooding from over a period of years (pre and post Seagrove development).
The Corps is waiting on receipt of consistency certification from the Division of Coastal
Management and the Division of Water Resources for the proposed project. No additional
comments/concerns were received from the public review period which closed December 19,
2014.

N
The Corps expressed concerns similar to those stated above by Mr. Sutton. We request
that you fully address the history of flooding on the property and actions taken towards
amending the situation. We also ask that you provide detailed storm water plans for the
development and particularly, 1210 Pinfi sh Lane, and explain how the additional storm water
will be addressed.
Furthermore, we request that you provide additional information to address concerns
about the 4.76 acres of remaining wetlands that was placed under conservation as a mitigative
response to your original permit. An on-site meeting with your consultant, Southern
Environmental Group, Inc., brought to our attention that the wetlands are lacking hydrology, an
important component of their function. If possible, please demonstrate ways that would allow
for the longterm sustainability of these wetlands. We suggest that the storm water management
plan be redesigned to accommodate use of the wetlands for water retention/filtration. The Corps
would be willing to facilitate working with the State to help make this possible.
A DA permit will not be granted if the District Engineer determines that it would be
contrary to the public interest based on an evaluation of the probable impacts, including
cumulative impacts, of the proposed activity and its intended use on the public interest (33 CFR
320.4(a)(1)). Based on a review of the project, the Corps has determined that sufficient
information is not available in order to evaluate the project for compliance with the 404(b)(1)
Guidelines and determine if the project would be contrary to the public interest.
Please provide a complete response to the comments to our Office by January 16, 2015 or
we will consider the application incomplete and close the file. I am available to assist you if you
have any questions and can be reached at the Wilmington Regulatory Office, [phone].
Sincerely,
Emily B. Hughes, X\egufator Specialist
Wilmington Regdlat&y Field Office
Copies Furnished:
Mr. David Syster
Southern Environmental Group, Inc_
5315 South College Road, Suite E,
Wilmington, North Carolina 28412

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Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Stephen Rynas
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Moorehead City, North Carolina 28557-3421
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845