20081730 Ver 1_Emails_20090910

Mcmillan, Ian
From: Smith, Ronnie D SAW [[e-mail]]
Sent: Thursday, September 10, 2009 3:30 PM
To: [e-mail]
Cc: [e-mail]; Averitte, Ken; Amschler, Crystal C SAW; [e-mail]
Subject: Keith Hills West Tract A
September 9, 2009
AID# 2008-03170
Mr. Samuel Nemroff
Penn-Wynne Homes NC, Inc.
216 Whispering Pines Drive
Spring Lake, NC 28390
Mr. Nemroff,
On August 13, 2009, we received a pre-construction notification (PCN) to utilize nationwide permit (NWP) 29 to
discharge fill material into 0.2065 acres of wetlands for the construction of a road associated with the development of a
residential subdivision located off of Keith Hills Road, east of the Cape Fear River, south of U.S. Highway 421, east of
Lillington, Harnett County, North Carolina.
As described in general condition 20 of the NWP's, impacts to wetlands must be avoided and minimized to the most
practicable extent in order for this project to qualify for a NWP. Also, the application is currently incomplete and we need
additional information in order to process this request. The needed information is as follows:
1. Please provide plans with a legible scale.
2. Please explain the purpose of impact number 4. Is the impact permanent or temporary? Is the fill associated with the
installation of a utility line or is it associated with the permanent placement of fill? If the impact is associated with the
permanent placement of fill, why can't the fill area be reduced to avoid wetland impacts?
3. According to the plans, it appears that the construction corridor along the proposed access road will be approximately
80-90 feet wide. Please justify the need for a corridor of this size or reduce the width of the proposed corridor in the
wetland areas to the width of the right-of-way.
4. Please provide a legible, detailed cross-section of the road crossing in the wetland areas. The cross-section should
describe the slope of the fill and the elevations of the existing grade and the proposed grade of the road.
5. It appears that the rip-rap energy dissipaters located at the ends of the culverts under the proposed road can be
eliminated, shortened or shifted west to avoid wetland impacts. Please justify the need, size and location of the rip-rap
pads or provide revised plans that show any changes. Theses rip-rap energy dissipaters will be considered fill and the
wetland impacts must be included in your PCN.
6. General condition 20 of the NWP's states that compensatory mitigation will be required for all wetland losses that
exceed 0.10 acre and require pre-construction notification. Compensatory mitigation will be required for the proposed
wetland impacts. You stated in your PCN that you propose to use NCEEP or to place the flood
Plain areas into a conservation easement. Please provide an acceptance letter from the NCEEP that states that they are
willing to accept your payment for the proposed impacts. If you plan to place the flood plain areas into a conservation
easement, please provide a completed draft document of the preservation document and a map of the conservation
areas. The preservation document should be one of our approved documents. Our approved documents can be found on
our website at the following address: http://www.saw.usace.army.mil/WETLANDS/Mitigation/preservation.html
7. Please describe and indentify the location of Soil Bore Holes 920 and 921. Based on the Seasonal Water Table
Assessment that was included in the PCN, it appears that the soil borings at bore holes 920 and 921 were taken in a
wetland area. If the storm water management facility will be located in jurisdictional wetlands, the PCN needs to be
modified to include the impacts. Also, in order for this project to qualify for a NWP, any wetland impacts associated with
the construction of the storm water management facility must be less than or equal to 0.10 acre.
8. Please explain how the construction of the storm water pond will not involve wetland impacts.
9. Please provide routine wetland data forms for the wetland and upland areas.
We have considered your application incomplete and will take no further action until we receive the requested
information. If we do not receive this information within 30 days from the date of this letter, we will consider your
application withdrawn and close the file. If you have any questions, please contact me at 910-251-4829.
Sincerely,
Ronnie Smith
Regulatory Specialist
Wilmington Regulatory Field Office