19971098 Ver 1_Other Agency Comments_20090413

9-1- 1098

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
April 9, 2009
Action ID No. SAW-2007-03169-065
Mr. Craig Wenger
218 Virginia Avenue.
Carolina Beach, North Carolina 28428
Dear Mr. Wenger:
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DENR - WATER QUALITY
6VETLA1tDS AND STOR,,!i,V TER 8PA?!^,H
This correspondence is in reference to your March 5, 2009, request for verification to utilize
a Nationwide Permit 18 for the discharge of fill material into 0.1344 acres of jurisdictional
wetlands adjacent to Myrtle Grove Sound, to facilitate the development of one single-family
residence located at 0 Georgia Avenue, and an "Emergency Vehicle Turn Around Area" located
at adjacent property 218 Virginia Avenue, in Carolina Beach, New Hanover County, North
Carolina. Also please reference the January 20, 2009, meeting between you, me and Mr. Tom
Walker.
Your request, as proposed, would cause the loss of greater than 0.10 acre of waters of the
United States and therefore, does not meet the terms and conditions of Nationwide Permit 18 for
Minor Discharges. As we discussed during the January 20 meeting, projects undertaken by
developers on contiguously owned tracts are typically considered single and complete projects
and viewed in their entirety when determining whether or not they meet the terms and conditions
of Nationwide Permits. When considered collectively, your activities previously authorized at
218 Virginia Avenue, and the currently proposed activities at 0 Georgia Avenue would result in
the loss approximately 0.18 ac. of jurisdictional wetlands. Please consider reducing the total
impact of the proposed project to no more than 0.1 ac. or provide justification as to why each
project should be considered to have independent utility.
Furthermore, in accordance with General Condition 20 of the Nationwide Permits (Federal
Register Vol. 72, No. 47, March 12, 2007), it is incumbent upon the applicant to avoid or
minimize adverse impacts to waters of the United States to the maximum extent practicable at
the project location. We believe that there may be less environmentally damaging practicable
alternatives to the proposal submitted with your PCN application. These alternatives include, but
are not limited to, (1) relocating the structure to utilize the available high ground located towards
the south end of the property, (2) reducing impacts to only the footprint of the structure, (3)
reducing the width of the driveway access, and (4) requesting a variance from the Town of
Carolina Beach's setback requirements. Please investigate these options and include your
findings as part of an alternatives analysis.
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It is therefore our determination that your project, as proposed does not meet the terms and
conditions of Nationwide Permit 18. Please submit information addressing the matters discussed
above within 30 days of the receipt of this letter or we will consider your application withdrawn
and close the file. Alternatively, you may pursue authorization of the project as proposed
through the Individual Permit process. Please be reminded that Individual Permit authorization
is granted only after you have demonstrated that impacts have been minimized to the extent
appropriate and practicable and any remaining impacts have been adequately mitigated.
If you have any questions regarding these matters, please contact me at [phone].
Sincerely,
Emily B. Hughes
Regulatory Specialist
Wilmington Regulatory Field Office
Copy Furnished:
Mr. Chad Coburn
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ian McMillan
Division of Water Quality
N.C. Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Tim Owens, Town Manager
Town of Carolina Beach
1121 North Lake Park Boulevard
Carolina Beach, North Carolina 28428
Ms. Maria Dunn
Wildlife Resources Commission
N.C. Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889