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Home My WebLink About20120381 Ver 1_USACE Correspondence_20120322DEPARTMENT OF THE ARMY 1 0 3 8 1 WILMINGTON DISTRICT CORPS OF ENGINEERS DARLINGTON WILMINGTON NORTH CAROLINA 28403 1343 ( Jq-_ 3 8 REPLY TO ATTENTION OF March 22 2012 Kez UA _ p, R_uT, D,, Action ID No SAW 2010 01488 Ms Martha Hopkins 821 Oak Ridge Drive Eden, NC 27288 Dear Ms Hopkins This correspondence is in reference to your February 13 2012 request for verification to utilize a Nationwide Permit 18 for the discharge of fill material into 0 098 acres of jurisdictional wetlands adjacent to Davis Canal to facilitate the development of two single family residences located on lots 14 and 16 SE 17`x' Street Oak Island Brunswick County North Carolina Your request as proposed implies that the building of the two lots are co dependent upon one another that together they are considered a single and complete project However due to the fact that each lot has dirt/paved access and utilities available to them, each lot is actually independent of one another and has independent utility therefore each lot is subject to the Nationwide Permit 18 with a 0 10 acre impact threshold This was discussed with your consultant Ms Kim Williams via telephone on March 5 2012 Furthermore we request that you please revise your mitigation plan Your proposal to purchase non riparian credits from the Stone Farm Mitigation Bank (SFMB) is unsuitable as compensatory mitigation for the proposed impacts because the wetland project is located outside of the SFMB service area More importantly we do not believe that the wetland type and function at the project area is comparable to that of SFMB Furthermore your 1 1 ratio is insufficient to address the overall loss associated with the project s It is therefore our determination that your project as proposed is incomplete Please submit information addressing the matters discussed above within 30 days of the receipt of this letter or we will consider your application withdrawn and close the file If you have any questions regarding these matters or desire to have a pre application meeting please contact me at (910) 251 4635 Sincerely Emily B Hughes Project Manager Wilmington Regulatory Field Office CERTIFIED MAIL RETURN RECEIPT REQUESTED 2 Copy Furnished Ms Kimberly Williams 3805 Wrightsville Ave Suite 15 Wilmington NC 28403 Mr Chad Coburn Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington NC 28405 Mr Ian McMillan Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh NC 27699 1650 Electronic Copy Furnished CESAW -RG L/Hughes CESAW RG LBeter �Eco tem Vilt 11111'al 011 PROGRAM April 3, 2012 Martha Hopkins 821 Oak Ridge Drive Eden NC 27288 Expiration of Acceptance October 3 2012 Protect SE 17`s St Lots 14 & 16 County Brunswick The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program ( NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced protect as indicated in the table below Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for protect impacts It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved You must also comply with all other state, federal or local government permits regulations or authorizations associated with the proposed activityncluding SL 2009 337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by S L 2011 343 This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the issued 404 Perrmt/401 Certification/CAMA permit within this tune frame, this acceptance will expire It is the applicant s responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net Based on the information supplied by you in your request to use the NCEEP the impacts that may require compensatory mitigation are summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at (919) 716 1921 Smc y Michael Ellison Deputy Director cc Karen Higgins NCDWQ Wetlands /401 Unit Emily Hughes USACE Wilmington Chad Coburn NCDWQ Wilmington Doug Huggett NCDCM Morehead City Kim Williams agent File Pwhviru�tg Prot-ectu�t� oar .ft-a& <, lF�UM North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq Ft) Buffer II (Sq Ft) Cold Cool Warm Ri arian Non Ri arian Coastal Marsh Impact Lumber 03040207 0 0 0 010 0 1 0 0 0 Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at (919) 716 1921 Smc y Michael Ellison Deputy Director cc Karen Higgins NCDWQ Wetlands /401 Unit Emily Hughes USACE Wilmington Chad Coburn NCDWQ Wilmington Doug Huggett NCDCM Morehead City Kim Williams agent File Pwhviru�tg Prot-ectu�t� oar .ft-a& <, lF�UM North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net