20040047 Ver 3_Other Agency Comments_20120409

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403 -1343
REPLY TO April 3 2012
ATTENTION OF
Regulatory Division
Action ID SAW 2009 01847
Dr Arnold Sobol
2020 South Churchill Drive
Wilmington North Carolina 28403
Dear Dr Sobol
OA D041 V3
P@ r,-.TI-OWP DP
APR 9 2012
DENR WATER QUALITY
Wetlands & StOrmwater Rrannh
On January 20 2012 we received a complete application from you requesting
Department of the Army (DA) authorization to discharge approximately 1 11 acres of fill
material into Section 404 jurisdictional wetlands to complete the development of the Village at
Motts Landing residential subdivision The 262 acre project is located along River Road and the
north side of Sanders Road New Hanover County North Carolina The file number assigned to
your application is Action ID SAW 2009 01847 Please refer to this number in all future
correspondence
The Corps of Engineers has received three (3) letters in response to the Public Notice
issued February 6 2012 The attached letters have been received from state and federal
agencies
1 On January 10 2012 a letter was received from the North Carolina Division of
Coastal Management stating that the project proposal had been distributed for
comment By letter dated March 30 2012 our Office was notified that the
Consistency Certification (CD 12 07 1) had been issued
2 On February 9 2012 our Office received a letter via email from the National Marine
Fisheries Service stating that the project does not occur in the vicinity of essential fish
habitat (EFH) and that any adverse effects that might occur would be minimal
By letter dated February 24 2012 the United States Fish and Wildlife Service stated
that they have no objection to the activity as described in the permit application
According to the above, there were no comments that required a response from you or
your consultant Southern Environmental Group Inc In summary the Corps is prepared to
make final decision on your project Please keep in mind that a DA permit will only be granted
if the District Engineer determines that it would not be contrary to the public interest based on an
evaluation of the probable impacts, including cumulative impacts of the proposed activity and
its intended use on the public interest (33 CFR 320 4(a)(1)) Provisions under the National

2
Environmental Policy Act (NEPA) requires consideration of reasonable alternatives
which would allow the project to be accomplished based on the project s purpose and need A
final permit decision will be issued from our Office in the next 30 days
I am available to assist you if you have any questions and can be reached at the
Wilmington Regulatory Office [phone]
Sincerely,
Emily B 1
Wilmington Regulatory Field Office
Copies Furnished
Mr David Scibetta
Southern Environmental Group, Inc
5315 South College Road Suite E
Wilmington NC 28412
Mr Chad Coburn
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington NC 28405 3845
Mr Ian McMillan
'Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh NC 27699 1650
Mr Stephen Rynas
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Moorehead City NC 28557 3421
Mr Pete Benjamin
U S Fish and Wildlife Service
P O Box 33726
Raleigh NC 27636 3726