20070966 Ver 1_USACE Correspondence_20110602

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF: May 27, 2011
Regulatory Division
Action ID: No. 2007-01700
Mr. Bernie Grenon
USPG Portfolio Two, LLC
3665 Fishinger Boulevard
Hilliard, Ohio 43026
Dear Mr. Grenon:
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jUN 2 2011
DENR WATER OUAL
This letter confirms the receipt of the May 15, 2011 request to modify your
Department of the Army permit issued on September 30, 2008 to straighten Center Drive
and to expand the existing parking facility in the Cypress Bay Plaza Shopping Center.
The project site is located west of the US Highway 70 and NC Hwy 24 intersection, at the
headwaters of an unnamed tributary to Newport River, in Morehead City, Carteret
County, North Carolina. Please reference the several telephone conversations and e-mail
exchanges in February, March, and April 2011 between your agent, Mr. Michael Gasque
of SE Construction, and Mr. Mickey Sugg of my regulatory staff.
Specifically, your modification request relates to Special Condition (12) that requires
compensatory mitigation by providing payment to the North Carolina Ecosystem
Enhancement Program (NC EEP) at a 2:1 ratio. Since the time authorization was
granted, the North Carolina Department of Transportation (NC DOT) Croatan Wetland
Mitigation Bank, located approximately 3.5 miles north of Havelock in Craven County,
was developed and has been approved for credit release to compensate for impacts to
non-riparian wetland communities similar to the wetland type associated with your
project. Your request is to substitute the use of the Croatan Wetland Mitigation Bank for
the in-lieu fee program, NC EEP. In the request, it is stated that all other project aspects
remain unchanged.
Upon reviewing your proposal, our office confirms debiting credits from Croatan
Wetland Mitigation Bank, in lieu of NC EEP, at a 1:1 ratio for the planned 0.86 acres of
non-riparian wetland impacts. Construction within jurisdictional areas of the project site
shall begin only after full payment is made to NC DOT and a copy of the payment
documentation is provided to, and verified by, our office.
-2-
All Special Conditions, as prescribed in the September 30, 2008 authorization and
enclosed in this correspondence, remain valid including notifying our office in writing
prior to construction, as stated in Special Condition (7). Additionally, please be reminded
that all construction must be completed by December 31, 2011.
It is strongly recommended that you contact Ms. Joanne Steenhuis of North Carolina
Division of Water Quality, at [phone], in Wilmington to discuss any State
requirement to modify the State 401 Water Quality Certification.
If you have any questions or comments concerning this permit modification, please
contact Mr. Sugg at [phone], Wilmington Regulatory Field Office.
Sincerely,
Enclosures
Copies Furnished:
Ms. Linda Stabb, Planning Director
Town of Morehead City
Post Office Drawer M
Morehead City, North Carolina 28557
Mr. Ian McMillan
401 Oversight/Express Review
Permitting Unit
/ Division of Water Quality
North Carolina Department of
Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
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Dale Beter, Chief
Wilmington Regulatory Field Office
Ms. Jennifer Derby, Chief
Wetlands Section-Region IV
Water Management Division
US Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Joanne Steenhuis
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Linda Lewis
Division of Water Quality
Stormwater Department
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Dan Sams
Division of Land Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
-3-
Mr. Michael Gasque
SE Construction Resource
Post Office Box 428
Piedmont, South Carolina 29673
Ms. Leilani Paugh
North Carolina Department of
Transportation
1 South Wilmington Street
Raleigh North Carolina 27699-1548
Ms. Kelly Williams
North Carolina Ecosystem
Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652