20061503 Ver 1_Other Agency Comments_20061128

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
November 22, 2006
Regulatory Division
Action ID No. 2006-40390-071
Dial Cordy & Associates
Attn: Mr. Steve Dial
201 North Front Street
Wilmington, North Carolina 28401
Dear Mr. Cordy:
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On August 7, 2006, this office first received aPre-Construction application for impacts to
0.494 acres of jurisdictional wetlands for the development of a subdivision (Bayberry Farms at
the Preserve) in Pender County. On August 23, 2006 this office notified the property owner that
additional information was needed to finish the review process. On October 2, 2006, this office
met with you in regards to the missing information and your office responded accordingly to the
requested information on October 5, 2006. After review of the package it was noted that the
preservation document that requires review from our office of Counsel was not included in the
package. Please be reminded that our office must review this draft document prior to the use of
Nationwide 14 (NW 14).
On October 11, 2006, our office emailed your company requesting the missing preservation
document. As a response to our coordination with State and Federal agencies, our office
received an email correspondence from the N.C. Wildlife Resources Commission noting the
presence of the Federally protected red-cockaded woodpecker (RCW) in the vicinity of the
project. On October 17, 2006, our office emailed your company again not only to request the
preservation document but also inquiring whether or not a RCW survey had been completed on
the subdivision tract. Several other email exchanges have happened between our office and your
company but to date we still do not have the draft preservation document nor any assurance that
a survey has been complete on the property for the federally endangered species.
Since there has been a lack of any additional information concerning the possible presence
of the federally protected red-cockaded woodpecker, our office conducted informal consultation
with the U.S. Fish and Wildlife Service in regards to this matter on November 21, 2006.
According to the U.S. Fish and Wildlife Service, the Mid Atlantic coastal plain recovery unit of
the species is located near the project area. Whereas the Service is concerned about habitat loss,
they are equally concerned about the loss of foraging areas for the protected species. The
conclusion of this informal consultation is the need to conduct an endangered species survey for
the Federally protected species.

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This information is necessary to assure compliance with condition 11 of the nationwide general
permit conditions. Please provide the requested survey and draft preservation document so that
we maybe able to complete the processing of the subdivision permit. Without the assurances
that there is no effect to this federal protected species, the verification of NW 14 will be denied.
Please clarify and provide the additional information within thirty days of receipt of this
notification or this office will move toward denial of the use of NW 14. If you have any
questions regarding these matters, please contact me at (910) 251-461.
Sincerely,
Brad Shaver
Regulatory Specialist
Wilmington Regulatory Field Office
Copies Furnished:
Hampstead Lands, LLC
Attn: Jim McFarland
Post Office Box 2277
Wilmington, North Carolina 28402
JP Commercial and JP Residential
c/o Foltz Martin LLC
Attn: Nathan T. Johns
5 Piedmont Center, Suite 750
Atlanta, Georgia 30305-1541
U.S. Fish and Wildlife Service
Attn: Howard Hall
Post Office 33726
Raleigh, North Carolina 27636
N.C. Department of Environment
and Natural Resources
Division of Water Quality
Attn: Noelle Lutheran
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
.C. Department of Environment
and Natural Resources
Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
N.C. Wildlife Resources Commission
Attn: Steve Everhart
127 Cardinal Drive Extension
Wilmington, North Carolina 28405