20110896 Ver 1_More Info Received_20120629

ATKINS
June 26 2012
RE Response to your email questions of May 23 2012
Brunswick County
DWQ # 110896 SAW # 2011 00624
Dear Mr McMillan
009" 0
Mr Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh NC 27699 1650
11 11&90 0
JUN 2 9 2012
DENR WATERt QUALITY
tA6.u-_ ....
In response to the questions from your May 23 2012 email to John Dorney we have prepared the
following responses to your three basic questions as outlined below
1 Question How many acres of the wetlands which are proposed to be converted to rice will
remain as 404 jurisdictional wetlands?
Answer The short answer to this question is that all of these acres will remain 404 wetlands
The areas of 404 wetlands which will be returned to rice cultivation will remain Jurisdictional
wetlands with the exception of the 2 41 acres of 404 wetlands that will be filled in order to
improve the dikes culverts and outlet structures throughout the site Specifically to this point
in its Public Notice the Corps acknowledged the fact that the continued wetland condition of the
area of the rice fields being returned to rice cultivation In the Public Notice October 5 2011
pp 3 4 the Corps stated that the applicant s proposal to recreate rice fields into 333 74
acres of wetlands (would result in a) maintained rice cultivated wetland Similarly the US
Environmental Protection Agency on page two of their letter of May 3 2012 to Emily Hughes of
the Corps acknowledged that the rice fields will remain wetlands subject to 404 Jurisdiction (
rice fields would technically remain as a wetland ) Therefore it is clear that both the Corps of
Engineers and the US Environmental Protection Agency have determined that the area to be
converted to rice cultivation will remain as Jurisdictional wetlands As stated to the Division
earlier (May 16 2012) compensatory mitigation can only be required by the Division for loss of
wetland acres As you know the applicant has proposed 2 1 mitigation for the unavoidable loss
of 016 acres of salt marsh and 11 mitigation for the unavoidable loss of 2 41 acres of Low
overall value (according to NC WAM) freshwater wetlands This mitigation should be sufficient
to meet DWQ s compensatory mitigation requirements in 15A NCAC 2H 0506 (h) As you know
the NC Ecosystem Enhancement Program agreed in their May 2 2012 letter to accept the
mitigation for this project
1616 East Md[brook Road Suite 310 Raleigh NC 27609 Telephone [phone] Fax [phone] www atkinsglobal com

2 Question Has the Corps and applicant reached agreement on mimmization7
Answer —The applicant submitted a minimization plan to the Corps for consideration on April
11 2012 On May 17 2012 the Corps responded with specific suggestions for additional
minimization On May 31 2012 the applicant responded with a modified minimization plan
which incorporates elements of the applicant s initial submission and the Corps response We
expect that the applicant and Corps will soon reach agreement on minimization and will inform
DWQ promptly once that happens so this final impact number can be referenced in the
Certification
3 Question Will an EIS be required for the project?
Answer —Since this project is being processed as an Individual Permit the Corps must prepare
an environmental document under the National Environmental Policy Act (NEPA) Since a NEPA
document is being prepared that document will satisfy the State Environmental Policy Act
(SEPA) requirement for environmental documentation
In summary the wetlands that are proposed to be converted to rice cultivation will remain
jurisdictional 404 wetlands and the Corps environmental document will satisfy the SEPA requirement As
stated above once the applicant and Corps reach agreement on minimization we will notify DWQ of
that decision in writing and then we expect that the 401 Water Quality Certification can then be issued
for this project
Please advise if you have a different understanding of these issues or if you have any questions
Sincerely yours
Jo n R D ey dr
Cc Emily Hughes US Army Corps of Engineers
Peter Talty Belvedere Holdings
Steve Morrison Land Management Group