20200012 Ver 1_USACE Jurisdictional Determination_20201221

Strickland, Bev
From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, December 21, 2020 2:50 PM
To: Mairs, Robb L
Subject: RE: [External] Beach Bum Tract
Attachments: wetland delineation.pdf; concurrence e-mail from EPA.pdf; SAW-2019-01539
Extended Lidar.pdf
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Please see the attached wetland delineation, Lidar map and e-mail from Todd Bowers (EPA)
It took us awhile and a lot of work to get this one to EPA for review.
The wetland is about 18 acres, it doesn't contribute flow to a Jurisdictional Water. Unfortunately under the NWPR it's
not a Jurisdictional Wetland for us anymore.
Let me know if you need any additional assistance on this one.
Gary
From: Mairs, Robb L <[e-mail]>
Sent: Monday, December 21, 2020 2:00 PM
To: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] FW: [External] Beach Bum Tract
Hey Gary, I hope all is well buddy. I wanted to get your input on this before getting back to Kim. Do you have the lidar
map on this generated?
Thanks,
• • • .
From: Williams, Kimberlee [mailto:[e-mail]]
Sent: Monday, December 21, 2020 1:45 PM
To: Mairs, Robb L <[e-mail]>; Paul Farley <[e-mail]>; Tom Athey <[e-mail]>
Subject: [External] Beach Bum Tract
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
LMG staff flagged wetlands within the Beach Bum tract, which is located off of Hwy 179 in Ocean Isle Beach.
We showed these wetlands to be non -jurisdictional under the new Waters Rule and Gary Beecher and the EPA
agreed. We expect the JD to be issued shortly.

The wetlands are located outside of the geomorphic floodplain or natural crenulation and are dominated by
dense, waxy shrub species. They support a canopy of pond pine and loblolly pine with a thick shrub layer of
gallberry, titi, fetterbush, loblolly bay, and red bay. Using the dichotomous key in the NC WAM, these wetlands
appear to be pocosin habitat and would, therefore, not be regulated by DWR. Attached are site photos. Can you
review this information and let me know if you concur? If a site visit is needed, just let me know when you are
available.
Thanks!
Kim
Kim Williams I Environmental Scientist
Land Management Group I Environmental Consultants
Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 I Fax: [phone]
3805 Wrightsville Ave., Suite 15 � Wilmington, NC 28403
Email: kwilliamsk1ra roupm I Website: www.hnproup.net

From:
Bowers, Todd
To:
Beecher, Gary H CIV USARMY CESAW (USA)
Subject:
[Non-DoD Source] RE: Additional information for EPA Coordination for wetland feature in Ocean Isle Beach,
Brunswick County, NC (SAW-2019-01539)
Date:
Thursday, December 17, 2020 1:50:32 PM
Attachments:
image003.g_na
Gary,
Thank you very much for the updated information on the subject AJD and delineation for
SAW-2019-01539. According to the newest information you sent, the 18-acre wetland
(increased from 16.5 acres) has been delineated and verified to be a non -jurisdictional
aquatic feature ((b)(1) non -adjacent wetland) across two parcels of land and has no surface
water connection to any nearby (a)(1) or (a)(2) water of the United States.
I appreciate the timely response to my concerns in order to determine the full extent of the
wetland that is likely to be lost due to development on this and the adjacent parcel. I would
encourage the applicant to understand that this feature may be considered an isolated
water of the state and to seek the proper permitting through the NCDWR and to avoid
and/or minimize impacts to the wetland within and outside the property boundaries.
Thank you for your time in this matter.
Best Regards,
Todd Bowers
Todd Allen Bowers
US EPA Region 4 Oceans, Wetlands and Streams Protection Branch
61 Forsyth St. SW
Atlanta, GA 30303
404.562.9225
Bowers.todd(aepa.gov
Note: I am currently teleworlang and away from the office. Please contact me via email or at
919.523.2637.
From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, December 15, 2020 4:40 PM
To: Bowers, Todd <[e-mail]>

Cc: Sugg, Mickey T CIV USARMY CESAW (USA) <[e-mail]>
Subject: Additional information for EPA Coordination for wetland feature in Ocean Isle Beach,
Brunswick County, NC (SAW-2019-01539)
Mr. Bowers,
I've attached some additional information that might assist you in the request for EPA Coordination
for a negative jurisdictional call near the Town of Ocean Isle Beach in Brunswick County, NC.
Coordinates: (33.902017,-78.452676)
Pursuant to the 5 August 2020 Army/EPA Memorandum: U.S. Environmental Protection
Agency (EPA) and the Department of the Army (Army), Corps of Engineers (Corps)
Coordination to Ensure Consistent Implementation of the Navigable Waters Protection Rule, I
am submitting an updated jurisdictional determination (SAW-2019-01539) for your 14 day
review, which will conclude on December 29, 2020.
This 18 acre wetland does not contribute surface water flow to a downstream jurisdictional
water in a typical year. I've attached an updated NWPR, extended Lidar Image of the subject
wetland and surrounding area and (3) additional maps supplied by the consultant.
Please contact me if you have any questions about this project,
Thanks for your time and assistance,
Respectfully,
Gary

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