20120825 Ver 1_USACE Comments_20120914

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Regulatory Division
Action ID No SAW 2012 -01410
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 W 5`° Street
Washington, North Carolina 27889
September 11, 2012
Mr Billy Roughton
Post Office Box 1877
Kill Devil Hills, North Carolina 27948
Dear Mr Roughton
On September 4, 2012, you applied for Department of the Army (DA) permit authorization to
impact 1 78 acres of Section 404 jurisdictional wetlands associated with the construction of the
Roughton Commercial Complex and associated parking in Kitty Hawk, at 0 The Woods Road,
south of U S Highway 158, adjacent to Jean Guite Creek, in Dare County, North Carolina This
correspondence serves to advise you that the plans you furnished with your application are
inadequate for our processing
Specifically, the plans are too big and must be resubmitted on one or more sheets of standard
sized (8 5 inch by 11 inch), or ledger sized (11 inch by 17 inch) white paper with dark ink
Match -lined drawings are acceptable Additionally, plans must be presented in three parts as
follows (1) a geographical location map, (2) a plan (overhead) view, and (3) an elevation (side)
view The geographical location map should show the location of your property with respect to
the surrounding road system, nearby towns, and prominent landmarks The plan view should
indicate the position and alignment of your proposed project with respect to property boundaries,
low and high water elevation contours, areas of wetlands, and other significant property features
The elevation view or cross - sectional view should indicate specific details of your work
On February 6, 1990, the DA and the U S Environmental Protection Agency signed a
memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines These
procedures provide that the following sequence must be followed before a Section 404 permit can
be issued 1) impacts to waters and /or wetlands must first be avoided through the selection of the
least damaging, practicable alternative, 2) appropriate and practicable steps must then be taken to
minimize impacts to waters and wetlands, and 3) compensatory mitigation must then be provided
for any remaining unavoidable impacts to the maximum practicable extent Further guidance
relating to the above is described in regulations at 33 CFR Parts 325 and 332, Compensatory
Mitigation for Losses of Aquatic Resources, Final Rule
IPA K___ ROW@
SEP 1 4 2012

Accordingly, to enable us to evaluate your application in full compliance with the Section 404
(b)(1) Guidelines, you must provide the following additional information
a Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative Please furmsh
information regarding your analysis of any other alternatives, including upland alternatives, to the
work for which you have applied and provide justification that your selected plan is the least
damaging to waters and/or wetlands
b It is necessary for you to have taken all appropriate and practicable steps to reduce
wetland losses Please indicate all that you have done, especially regarding modification of your
plans and proposed construction techniques, to minimize adverse impacts to waters and/or
wetlands associated with this project
As discussed with your consultant, Mr George Wood, you must also submit all information
you have related to the wetlands delineation on the property, including maps and wetland
determination data forms
Thank you for your time and cooperation The requested information should be forwarded
to Mr Josh Pelletier of my Washington Regulatory Field Office staff, 2407 West 5`h Street,
Washington, North Carolina 27889 The Wilmington District is committed to providing the
highest level of support to the public To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http //re ug latory usacesurvey coin/ If
you have any other questions, please feel free to contact Mr Pelletier by telephone at (910)
251 -4605
Sincerely,
--"A 1- . t'
David M Lekson, PWS
Chief, Washington Regulatory Field Office
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Copy Furnished
Mr Ian McMillan
North Carolina Department of Environment
and Natural Resources
Division of Water Quality /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr Frank Jennings
North Carolina Departmerit of Environment
and Natural Resources
Division of Coastal Management
1367 U S 17 South
Elizabeth City, North Carolina 27909
Mr George Wood
Environmental Professionals, Inc
Post Office Box 3367
1404 S Virginia Dare Trail
Kitty Hawk, North Carolina, 27949
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