20061915 Ver 2_Other Agency Comments_20070306

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DEPARTMENT OF THE ARMY
•~~/~,~," WILMINGTON DISTRICT, CORPS OF ENGINEERS
\\~/ %~ Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO
March 6, 2007
Regulatory Division
Action ID No. SAW-2006-41365-128
Mr. Ray Sturza, Planning Director
Dare County Planning Department
211 Budleigh Street
Post Office Drawer 1000
Manteo, North Carolina 27954
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MAR Z 2007
7ENi~ - VYATER QUALITY
~~TlAN06 A!u[l STO~D.k~~TE?~ BRANCH
Dear Mr. Sturza:
Please reference your application for a Department of the Army (DA) individual permit to
authorize the filling of 1.66 acres of DA jurisdictional wetlands for the purpose of constructing a
wastewater collection and treatment plant located off U.S. Highway 264, adjacent to Stumpy
Point Bay, in Stumpy Point, Dare County, North Carolina. The purpose of this correspondence is
to request additional information relating to your permit application.
The National Environmental Policy Act (NEPA) requires that the Corps of Engineers assess
the direct, indirect and cumulative impacts of its permit actions, prior to making a permit
decision. Indirect effects (secondary impacts) are those "which are caused by the action and are
later in time or farther removed in distances, but are still reasonably foreseeable. Indirect effects
may include growth inducing effects and other effects related to induced changes in the pattern
of land use, population density or growth rate, and related effects on air, water and other
natural systems, including ecosystems" [40 CFR 1508.8 (b)].
Review of your permit application and accompanying environmental assessment revealed that
the construction of the Stumpy Point Wastewater Treatment Plant (WWTP) will enable
residential and light commercial development on 66 undeveloped lots within the WWTP service
area resulting in an additional seven (7) acres of wetland impacts. These reasonably foreseeable
secondary impacts must be addressed in more detail. To enable us to adequately consider these
secondary impacts, you must provide the following information relating to the remaining
undeveloped lots that will be serviced by the WWTP:
1. How many of the lots can be developed without impacting DA jurisdictional areas?
2. How many of the lots will require a DA permit to be developed?
3. What zoning or other restrictions have you considered to reduce or minimize the

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impacts that will result from the availability of sewer services to lots that contain wetlands?
Additionally, reference page 39 of the document entitled, Environmental Assessment prepared
for the Stumpy Point Water & Sewer District, Dare County, North Carolina, dated August 2006.
Please provide a written statement from the North Carolina Clean Water Management Trust
Fund (NCCWMTF) and the Stumpy Point Water and Sewer District to reconcile the following
conflicting statements found within the subject environmental assessment: "In addition to the
zoning regulations, the grant agreement executed between the NC Clean Water Management
Trust Fund and the Stumpy Point Water and Sewer District does not allow the construction of
wastewater collection and treatment facilities to promote future development initiative. "
However, the document goes on to add, "The NC CWMTF understands that the proposed
wastewater collection and treatment facilities will only service the existing residents and the
existing undeveloped lots" (emphasis added). It appears that construction of your proposed
facilities will promote future development.
This information is essential to our expeditious processing of your application and should be
forwarded to us as soon as possible. Without this information, it may be difficult for the Army to
concur that your chosen alternative has both adequately minimized impacts to wetland areas, and
adequately mitigated for those primary and secondary impacts that are unavoidable.
Thank you for your time and cooperation. If you have any questions, you may contact Mr.
Tom Steffens of my Washington Regulatory Field Office staff, telephone [phone],
extension 25.
Sincerely,
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David M. Lekson, P.W.S
Chief, Washington Regulatory Field Office
Copies Furnished:
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
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Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Frank Jennings, Office Manager
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Mr. Pat McClain
Division of Land Resources
North Carolina Department of Environment
And Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Gary Hartong
The Wooten Company
120 North Boylan Avenue
Raleigh, North Carolina 27603-1423
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Ms. Maria Tripp
North Carolina Wildlife Resources Commission
North Carolina Department of Environment
And Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. D.G. Martin
North Carolina Clean Water Management Trust Fund
1101 Oberlin Road
Raleigh, North Carolina 27605
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