20061841 Ver 1_Other Agency Comments_20061229

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 19, 2006
Regulatory Division
CST
Action ID No. 2005-207-016
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Mr. Tony McNeill
523 Old Church Road
Swansboro, North Carolina 28584
Dear Mr. McNeill:
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Please reference your application for After-the-Fact Department of the Army (DA)
authorization to keep an 135-ft long by 35-ft wide earthen dam in approximately 0.1 acre of
jurisdictional wetlands and waters, and to impound approximately 2.0 acres of Section 404
wetlands and approximately SOO linear feet of stream on property located at #523 Old Church
Road, west side of SR 1104 (Old Church Road), within an unnamed tributary to Hadnot Creek,
near Stella, Carteret County, North Carolina..
On February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with Clean Water Act Section
404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands
through the selection of the least damaging, practical alternative; second, taking appropriate and
practical steps to reduce impacts on waters and wetlands; and finally, compensation for
remaining unavoidable impacts to the extent appropriate and practical. To enable us to process
your application, in compliance with the MOA, we request that you provide the following
additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland
losses. Please indicate all that you have done, especially regarding development and modification of
plans and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practicable minimization has
been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of
CERTIFIED MAIL
RETURN RECEIPT REQUESTED

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waters or wetlands or provide information as to the absence of any such appropriate and
practicable measures.
The aforementioned, requested information is essential to the expeditious processing of
your application and should be forwarded to us within two (2) weeks of your receipt of this letter.
Also, you should be aware that State and Federal commenting agencies may recommend design
modifications.
If you have questions or comments, please do not hesitate to contact me at telephone (910)
251-4811, Wilmington Regulatory Field Office.
Sincerely,
/'
Mickey Sugg, Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
~yndi Karoly
ivision of Water Quality
North Carolina Department of Environment
and Natural Resources
2321 Crabtree Boulevard
Raleigh, North Carolina 27604-2260
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Ms. Noelle Lutheran
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

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Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ronald Mikulak, Chief
Wetlands Section -Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Becky Fox
Wetlands Section -Region IV
U.S. Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
Mr. Todd Kelly
Natural Resource Conservation Service
Post Office Box 125
Beaufort, North Carolina 28516