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Home My WebLink About20110896 Ver 1_USACE Correspondence_20120522DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 1343 REPLY TO May 17 2012 ATTENTION OF Regulatory Division Action ID SAW 2011 00624 Mr Peter Talty Orton Plantation Holdings LLC 17th Floor 1251 Avenue of the Americas New York NY 10020 Dear Mr Talty 11 -o8g1� FRIGV , I . 2012 We have reviewed the information in your letter dated April 11, 2012 in which you have revised your project to further avoid and minimize impacts to Rice Field #9 and the Back Rice Field of Orton Plantation These areas are identified by you as Exclusion Areas A B C and D and total approximatelyl3 1 acres On April 23, 2012 your response was forwarded to state and Federal agencies for review and comment I have attached copies of these comments for your records On December 7 2011 the Corps assessed an area to the south of the upland island that had not been affected by recent clear cutting using the NC Wetland Assessment Method (NC WAM) and found that this area rated high for hydrology water quality and habitat (NC WAM results for Backfield Area #2 are attached) Based on information provided by you and our analysis of other available information, we believe that similar NC WAM results would also be obtained for wetlands located north of the upland area We have indicated these areas and other NC WAM assessment areas on the enclosed map labeled "Orton Plantation NC WAM Results As you are aware the areas located to the north and south of the upland island were specifically identified by state and Federal agencies as exhibiting characteristics that provide good foraging and reproductive habitat for a variety of birds mammals and reptiles By virtue of their location at the outfall of Orton Pond these wetlands provide important functions which benefit the Cape Fear River watershed We agree with the U S Environmental Protection Agency as stated in their May 3 2012 letter that these areas meet the exclusion criteria as described by you and could be avoided We also disagree with your assertion that the soils in this area are not physically capable of supporting trees typical of a forested riverme swamp forest In accordance with our statutory requirements under the 404 (b)(1) Guidelines (40 CFR 230 10) we are prohibited from issuing permits for activities where less damaging, practicable alternatives exist We believe that avoidance of the +/ 38 27 acre area as shown on the enclosed 2 map labeled Additional Avoidance & Minimization would satisfy those guidelines as the least environmentally damaging practicable alternative for the project The information you have provided fails to rebut the presumption that your basic purpose to protect and restore Orton Plantation could be accomplished if you excluded the wetland areas indicated on the enclosed map As such we believe we will have no choice but to deny your request for a DA permit based upon the current proposal Our administrative process provides you the opportunity to propose a resolution before a final decision is made In this regard I would appreciate being made aware of your intentions in writing on or before June 15, 2012 If you choose to modify the permit application, please submit revised plans and drawings as well as any other information you feel may be helpful in order to fully justify the protect If we do not hear from you within this time we will take final action on your Department of the Army permit application based on the information presently available to us Once you have satisfactorily demonstrated efforts to further avoid and minimize wetland impacts, you must provide a compensatory mitigation plan for remaining unavoidable wetland impacts To offset functional loss for approximately 57 acres of wetlands proposed for impact in the back rice field (as shown on the enclosed map labeled Backfields Requiring Mitigation ) including impacts to those cleared and ditched wetlands that are being addressed `after the fact we request that you provide compensatory mitigation pursuant to 33CFR332 at a minimum of 0 5 to 10 ratio In the absence of a mitigation bank you may opt to purchase sufficient credits from an approved in lieu fee sponsor At this time no mitigation would be required for the conversion of herbaceous wetlands located in the front fields and fields #1 and #9 Question or comments regarding this may be directed towards Emily Hughes at (910) 251 4635 or Dale Beter at (910) 251 4631 Sincerely l S Kenneth Jolly Chief Regulatory Division Enclosures Ke Copies Furnished with Map Enclosures Only Mr Steve Morrison Land Management Group, Inc Post Office Box 2522 Wilmington, NC 28402 Ms Jennifer Derby Water Management Division USEPA 61 Forsyth Street, SW Atlanta GA 30303 Mr Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Ms Debbie Wilson North Carolina Division Coastal Management 127 Cardinal Drive Extension Wilmington NC 28405 Mr Jim Gregson Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington NC 28405 Mr Pete Benjamin U S Fish and Wildlife Service P O Box 33726 Raleigh NC 27636 3726 Mr David Cox NC Wildlife Resources Commission Division of Inland Fisheries 1721 Mail Service Center Raleigh NC 27699 1721 Mr Ron Sechler National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Ms Renee Gledhill Earley Environmental Review Coordinator State Historic Preservation Office 4617 Mail Service Center Raleigh NC 27699 4617 Mr Dillon Epp Belvedere Property Management LLC Orton Plantation 9149 Orton Road, SE Wmnabow, NC 28479 Electronic Copy furnished CESAW RG L/Hughes /Frye/Beter CESAW OC/McCorcle Orton Plantation USACE NC WAM Results #9 Field Assessment - 77.95303, 34.0621 Rating: HIGH I Backfield #1 Assessment - 77.95068, 34.05717 Rating: MEDIUM w SCALD - S- 0 485 970 1,940 Fee US Arm l NOT TO �� I of Engin Wilmingtor Orton Plantation Additional Avoidance & Minimization Total +I- 38.3 acres x� 0 250 500 ee M QT 1'Q .SCA x� 0 250 500 ee M Orton Plantation Backfield Areas Requiring Compensatory Mitigation Total +/- 57 acresY �i t 1 •11 :11 --i