20100743 Ver 1_dollar_general_revised_10-11-10_20101022

FW: Dollar Properties, LLC/AID: 2006-32734 Page 1 of 5
FW: Dollar Properties, LLC/AID: 2006-32734
Dennison, Laurie
Sent: Friday, October 22, 2010 10:02 AM
To: Strickland, Bev
Attachments: dollar general revised 10--l.pdf (355 KB)
For you & Laserfiche
From: Coburn, Chad
Sent: Friday, October 22, 2010 8:38 AM
To: Mcmillan, Ian
Cc: Dennison, Laurie
Subject: FW: Dollar Properties, LLC/AID: 2006-32734
This one is:
10-0743, Dollar General 211, Brunswick Co, NW39, 9/9/10 to 11/7/10
From: Kim Williams [mailto:[e-mail]]
Sent: Thursday, October 21, 2010 1:21 PM
To: Coburn, Chad
Cc: Mcmillan, Ian
Subject: FW: Dollar Properties, LLC/AID: 2006-32734
Hi Chad
I just wanted to touch base with you regarding the Dollar General NWP application we submitted in September.
Jennifer Frye emailed me some comments a couple of weeks ago (see email at the very bottom). She asked if
permanent wetland impacts could be reduced further. The applicant was able to get it down to 0.263 acre (see
attached plan). We are currently working on a mitigation plan for the wetland restoration/creation on site. I will
send Ian and you this report as soon as it is complete (no later than early next week). Let me know if you have
any other comments which might affect the proposed mitigation.
Thanks,
Kim
Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Phone: [phone]
Fax: [phone]
From: Frye, Jennifer S SAW [ma ilto:Jenn ifer. S. Frye@ usace.a rmy. m i 1]
Sent: Thursday, October 21, 2010 10:41 AM
To: Kim Williams
Cc: Wicker, Christine W SAW
https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVR... 10/22/2010
FW: Dollar Properties, LLC/AID: 2006-32734 Page 2 of 5
Subject: RE: Dollar Properties, LLC/AID: 2006-32734
Hello Kim,
Just to follow up with our phone conversation from this morning:
As the Corps understands your recent proposal (on behalf of your client - Dollar Properties), you
propose to:
1. Voluntarily restore 0.326 acres of wetland (as a component of violation resolution);
2. Create 0.036 acres of wetland (as a component of mitigation for 0.269 acres of requested
permanent impact);
3. Compensate to the Stone Farm Mitigation Bank for 0.50 acres of wetland (a component of
mitigation for the impacts).
We believe that this proposal would be acceptable provided the creation/restoration area is monitored
appropriately (no less than 5 years, or until deemed successful by the Corps) and, at minimum, the
creation area is preserved in perpetuity (using our guidelines).
Finally, we still have concerns regarding performing the restoration on Mr. Lewis' property. If it would
facilitate a resolution, I would be happy to meet w/ Mr. Lewis to discuss the situation.
Please let me know if you have any questions,
Sincerely,
Jennifer
Jennifer S. Frye
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403
Office: [phone]
Fax: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey at
hftp://per2.nwp.usace.army.mil/survey.html
From: Kim Williams [mailto:[e-mail]]
Sent: Wednesday, October 20, 2010 11:40 AM
To: Frye, Jennifer S SAW
Cc: Wicker, Christine W SAW
Subject: RE: Dollar Properties, LLC/AID: 2006-32734
Hi Jennifer and Christy
Have you had a chance to review the revised mitigation plan for Dollar General yet? Just let me know if you need
any additional info.
Thanks,
Kim
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVR... 10/22/2010
FW: Dollar Properties, LLC/AID: 2006-32734 Page 3 of 5
From: Frye, Jennifer S SAW [mailto:[e-mail]1]
Sent: Tuesday, October 12, 2010 9:55 AM
To: Kim Williams
Cc: Wicker, Christine W SAW
Subject: RE: Dollar Properties, LLC/AID: 2006-32734
Kim,
We'll take a look and get back to you. Just a reminder, but the off-site mitigation has to be Stone Farm
Mitigation Bank - b/c of the mitigation rule mandated "hierarchy". Don't know if that would change
this proposal at all.
Jennifer S. Frye
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403
Office: [phone]
Fax: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey at
hftp://per2.nwp.usace.army.mil/survey.html
From: Kim Williams [mailto:[e-mail]]
Sent: Monday, October 11, 2010 2:34 PM
To: Frye, Jennifer S SAW
Subject: RE: Dollar Properties, LLC/AID: 2006-32734
Hi Jennifer
I've been working with Dollar Properties to reduce permanent wetland impacts on their site. We think we can get
permanent impacts down to 0.269 acre and restore 0.326 acre. Additionally, they would like to create 0.036 acre
of wetlands on site and then pay into the EEP for 0.5 acre. Since the creation area is adjacent to the approved
wetland line, we think it has a good chance of success. Please see the attached map and let me know what you
think. If you are good with it, I'll finalize the restoration plan.
Thanks,
Kim
From: Frye, Jennifer S SAW [ma ilto:Jenn ifer. S. Frye@ usace.a rmy. m il]
Sent: Wednesday, October 06, 2010 8:37 AM
To: Kim Williams
Subject: RE: Dollar Properties, LLC/AID: 2006-32734
Excellent. Thank you.
Jennifer S. Frye
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVR... 10/22/2010
FW: Dollar Properties, LLC/AID: 2006-32734 Page 4 of 5
Wilmington, North Carolina 28403
Office: [phone]
Fax: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey at
hftp://per2.nwp.usace.army.mil/survey.html
From: Kim Williams [mailto:[e-mail]]
Sent: Tuesday, October 05, 2010 4:29 PM
To: Frye, Jennifer S SAW
Cc: Wicker, Christine W SAW; Linda Suydam; Ralph Ronalter
Subject: RE: Dollar Properties, LLC/AID: 2006-32734
Hi Jennifer
I wanted to let you know that I spoke with Linda Suydam, Ralph Ronalter, and Bill Ronalter today about your
comments. We think there may be additional ways to minimize permanent impacts on the site and should have a
revised site plan to you within the next couple of days.
Thanks,
Kim
From: Frye, Jennifer S SAW [mailto:[e-mail]]
Sent: Thursday, September 23, 2010 3:01 PM
To: Kim Williams
Cc: Wicker, Christine W SAW
Subject: Dollar Properties, LLC/AID: 2006-32734
Hello Kim,
Upon review of the ATF application for Dollar Properties, the Corps requests that you address
the following:
1. Minimization: Has a structural engineer looked at the building footprint and surrounding
fill? I'm concerned that they have not minimized to the maximum extent practicable.
Also, are they proposing to leave some of the fill on Mr. Lewis' property - as depicted
on Figure 5? Have they considering retaining walls in lieu of fill slopes? I know there's
water well in the back, but from what I remember, it appeared that the fill line could be
brought closer to the building.
2. Compensatory Mitigation: 1:1 is insufficient. I understand that the Applicant conducted
the activity unknowingly and is cooperative in complying with the Clean Water Act;
however, the Corps routinely requires 2:1 for off-site restoration when no other
mitigation (i.e. on-site preservation) is proposed - regardless if the application is before
or after the fact. Yet another reason to re-evaluate the minimization.
3. Removal of fill material on the Lewis' property: remediation of a violation does not
constitute mitigation for the impacts, thus cannot be considered Permittee Responsible
Mitigation. As I understand it, right now, Dollar Properties has no guarantee that they
will be able to conduct this restoration as it lies on the Lewis property. While I'm not
entirely comfortable in doing so, the Corps CAN issue an ATF (provided everything in 1
and 2 is addressed) with a condition that the restoration is completely in a timely
manner. Your client needs to understand that, if they fail to do the work, for whatever
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHVR... 10/22/2010
FW: Dollar Properties, LLC/AID: 2006-32734
Page 5 of 5
reason, they will be noncompliant with the authorization. They need to propose a
contingency plan in the event that they do not secure permission from Mr. Lewis. In
other words, if Lewis refuses them access, it doesn't get them off the hook for the loss
of the aquatic resource.
I understand that this is a relatively small area of restoration; however, we still require a
more in-depth restoration plan. Will the site be tilled once the fill is removed?
Incorporating organic matter? Planting plan? Success criteria? Monitoring plan? - yes,
it's gonna be required. Minimum 3 years, unless or until the Corps deems it
successful. Visual monitoring only - no wells (tell Craig I'm sorry).
4. Finally, a tolling agreement: most of the time, these are not necessary for ATF
verifications of nationwide permits. I'm not saying that we must have one now, but we
may in the near future if this looks as though this one is going to drag on.
Call me to discuss these issues when you get the chance.
Sincerely,
Jennifer
Jennifer S. Frye
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403
Office: [phone]
Fax: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey at
hftp://per2.nwp.usace.army.mil/survey.htmi
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAAOgPoLNIPQZ06vHV R... 10/22/2010

7-71-7
aw.
Restoration:
®.326 ac