20110896 Ver 1_More Info Received_20120514

5/9/12
Emily Hughes
US Army Corps of Engineers
Regulatory Division
69 Darlington Avenue
Wilmington N C 28403 1343
(EN AY I 4 2U,2
z s a LA YER QUALITY
Re Response to May 4 2012 DWQ comments Orton Plantation Historic Rice Field
Protection and Restoration Project SAW 2011 00624
Dear Emily
On behalf of Orton Plantation Holdings LLC, we are responding to the May 4, 2012 DWQ
comments listed below
I Please provide a revised impact table that takes into account the new race field exclusion
areas Include wetland impact type (404 1coastal) and duration (temporary /permanent)
* Reduction of temporary impacts to nce field wetlands as explained in detail in the April 11,
2012 Avoidance and Minimization Proposal
** Coastal wetlands is a term defined at 15A NCAC 7H 0205(a) Activities in coastal
wetlands are regulated under Section 404 in the same manner as freshwater wetlands and other
waters of the United States The term 404 Wetlands as used in this table refers to freshwater
wetlands which do not qualify as coastal wetlands under the CAMA definition
www Imgroup net info @Imgroup net Phone [phone] Fax [phone]
3805 Wrightsville Ave Suite 15 Wilmington NC 28403 P 0 Box 2522 Wilmington NC 28402
Permanent
Original Plan
May 2012 Plan
Impact Type
(acres)
(acres)
or
Temporary
404 Wetlands
3 33
241
Permanent
Coastal Wetlands **
1 50
016
Permanent
Fresh Water Canals
230
255
Permanent
Open Water
160
200
Permanent
Remaining Rice Fields
33070
*317 60
Temporary
(404 Wetlands)
* Reduction of temporary impacts to nce field wetlands as explained in detail in the April 11,
2012 Avoidance and Minimization Proposal
** Coastal wetlands is a term defined at 15A NCAC 7H 0205(a) Activities in coastal
wetlands are regulated under Section 404 in the same manner as freshwater wetlands and other
waters of the United States The term 404 Wetlands as used in this table refers to freshwater
wetlands which do not qualify as coastal wetlands under the CAMA definition
www Imgroup net info @Imgroup net Phone [phone] Fax [phone]
3805 Wrightsville Ave Suite 15 Wilmington NC 28403 P 0 Box 2522 Wilmington NC 28402

2 Please pa ovade documentation from the USACE indicating that they will consider the
333 74 acres of impacted coastal wetlands proposed to be converted to race cultivation to
remain 404 1jurasdactaonal wetlands
The applicant is not proposing to convert any area of coastal wetlands as defined at 15A NCAC
7H 0205(a) to rice cultivation The proposed temporary impacts to the remaining 317 60 acres
of nee field wetlands for cultivation purposes will not result in the loss of any jurisdictional
wetland
3 Are the proposed race field exclusion areas part of the areas that were cleared and
disturbed? If so what will the restoration /preservation (management ?) plan for those
areas be
As explained at page 4 of the Compensatory Mitigation Plan and at pages 4 6 of the Avoidance
and Minimization Proposal the proposed nee field exclusion areas will improve the wildlife
habitat value of the project area Portions of the nee field exclusion areas were bush hogged
and will regenerate to a shrub scrub condition which will provide a greater diversity of habitat
types as explained at page 2 of the Avoidance and Minimization Proposal Aside from the
exclusion of these areas from rice cultivation preparation activities, there is no separate
restoration/preservation or management plan specifically applicable to these areas As stated in
the Avoidance and Minimization Proposal at page 1, no activities which require a permit under
Section 404 of the Clean Water Act will be conducted in nee field exclusion areas
Please contact me with any questions that you may have regarding these responses Thank you
for the opportunity to provide this information
Sincerely,
Steve Morrison
Environmental Consultant
Cc Dale Beter USACE
Emily Hughes, USACE
Jennifer Frye USACE
Chad Coburn DWQ
Karen Higgins DWQ
Ian McMillan, DWQ
Jeff Garnett, EPA
Kim Williams LMG
Orton Plantation Holdings LLC
Craig Bromby, Hunton & Williams
www Imgroup net info @Imgroup net Phone [phone] Fax [phone]
3805 Wrightsville Ave Suite 15 Wilmington NC 28403 P 0 Box 2522 Wilmington NC 28402