20060913 Ver 1_Other Agency Comments_20070312

DEPARTMENT OF THE ARMY
~~~°~ WILMINGTON DISTRICT, CORPS OF ENGINEERS
~~ ~ ~ PO BOX 1890
WILMINGTON NC 28402-1890
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March 7, 2007 ~ ~ - p q 1 3
Regulatory Division
Action ID #SAW-2006-32986-010
Sunset Station, LLC
Attn: John Lomax
Kress Building, 212 S. Elm Street
Greensboro, North Carolina 27401
Dear Mr. Lomax:
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Please reference your request for the Department of the Army (DA) authorization permit to
discharge fill material into 2991inear feet of an unnamed tributary to the Atlantic Intracoastal
Waterway and into 18 square feet of arl impoundment (open water) of that tributary, associated
with the proposed Shoreline at Sunset Beach residential development. The project area is
located along the eastside of Sunset Boulevard, south of Station Trail, in Sunset Beach,
Brunswick County, North Carolina.
The Corps of Engineers is in receipt of copies of two letters which were sent to you from the
North Carolina Division of Water Quality (DWQ) and the North Carolina Division of Coastal
Management (DCM), dated February 23, 2007 and March 1, 2007 respectively. In these letters,
you have been notified that your request for an Individua1401 Water Quality Certification from
the DWQ has been withdrawn (by DWQ) due to lack of response to their request for additional
information; moreover, you have been notified by the DCM that they have also not received a
response to their request for additional information.
In addition, this Office sent a letter to you, dated August 23, 2006, requesting that you
provide additional documentation regarding your efforts in avoidance and minimization of
impacts to the aquatic resources, as well as your mitigation proposal. (Please note that your
acceptance letter from the Ecosystem Enhancement Program for In-Lieu Fee payment has
expired). This Office had also faxed, to your authorized agent, Trigon Engineering Consultants,
Inc., a Public Notice comment letter from United States Fish and Wildlife Service (USFWS),
dated October 6, 2006, and requested your response to their (USFWS) concerns. As of this date,
we have not received a response to either request from you or your agent.

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Please be aware that the Corps cannot issue a final permit for your proposed activity until
your project has been determined consistent with the approved state Coastal Zone Management
(CZM) Program, your project has secured Section 401 Water Quality Certification, and you have
clearly demonstrated that your project is the least environmentally damaging, practical
alternative.
Finally, we are aware that your project is currently being marketed with an on-site sales
office and an Internet website. The website information about The Shoreline at Sunset Station
contains a project aerial that depicts a parcel of land to the immediate south of Shoreline Drive
as included with the overall project area as well as a boat access area. This parcel and the boat
access were not identified on your Overall Site Plan submitted with your Individual Permit
application. Please revise your site plan to include the entire single and complete project, with
all proposed impacts to jurisdictional waters clearing identified. In addition, please be advised
that any financial and/or contractual obligations you enter into regarding the buying, selling and
reserving of the proposed condominiums, has no relevance in the Corps of Engineer's permit
decision.
As this information is essential to the processing of your application, please forward the
requested information to us, the DCM and DWQ within two (2) week of your receipt of this
letter or we will consider your application withdrawn and close the file. We have included all
above-cited correspondence for your reference.
If you have questions or comments, please do not hesitate to contact me at [phone].
Sincerely,
Jennifer S. Frye
Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (with enclosure):
Trigon Engineering Consultants, Inc.
Attn: Christopher W. Hay
313 Gallimore Dairy Road
Greensboro, North Carolina 27409

Copies Furnished (without enclosure):
Ms. Michelle Weaver
The Shoreline at Sunset Beach
301 Sunset Boulevard
Sunset Beach, North Carolina 28468
Ms. Becky Fox
Wetlands Regulatory Section -Region IV
U.S. Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Mo ehead City, North Carolina 28557-
r. Stephen Rynas
ederal Consistency Coordinator
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-
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Ms. Cyndi Karoly
Division of Water Quality
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Ms. Noelle Lutheran
N.C. Department of Environment
and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Town of Sunset Beach
Inspections Department
700 Sunset Boulevard N
Sunset Beach, North Carolina 28468