20120972 Ver 1_Other Agency Comments_20130328

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REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
March 21, 2013
Regulatory Division
Action ID No. 2009 00315
Mr. Michael G. Tuton
Onslow 22, LLC
1000 Hunters Trail
Midway Park, North Carolina 28544
Dear Mr. Tuton:
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MAR 24 82013
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Please reference our February 8, 2013 letter to you regarding non - compliance with the
terms and conditions of the Nationwide Permit (NWP) 29 (Action ID: SAW- 2009 - 00315)
verified on October 12, 2012 for permanent impacts to waters of the U.S. hydrologically
connected to Rocky Run for the residential subdivision Wantlds Ferry, Section I at Towne
Pointe, in Jacksonville, Onslow County, North Carolina.
On March 15, 2013 we received a written response to our letter from your agent, Mr. Tim
Stewart of Parker & Associates, Inc., which included itemized comments addressing our
requirements and a wetland restoration plan. Upon review of this letter and the ensuing
administrative record, we determine that you satisfactorily completed the following
requirements:
1) Your letter included the required explanation for violations and a proposal to prevent
further non - compliance;
2) You completed immediate corrective actions, subject to field review;
3) Your letter included the required restoration plan.
The proposed wetland restoration plan, copy enclosed for your reference, is approved as
submitted with the following clarifications:
1) As soon as practicable, determine the amount of scour or soil missing from the
"Restoration Area" shown in the Wetlands Impact Restoration Plan included in your
March 15, 2013 letter. As required add suitable organic -rich topsoil to this area to
approximately match adjacent natural floodplain grade and seed with appropriate annual
grass for stabilization. Trees must be planted as proposed as soon as possible, but prior to
April 15, 2013, to reduce mortality;

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2) Once the above actions take place you must notify the Corps for field review;
3) Upon field review of all fill removal and restoration areas, we may require additional
material to be removed with associated restoration requirements.
With respect to stream channel stability concerns with respect to current culvert alignment,
and following a telephone conversation with your Mr. Stewart on March 21. 2013, we do not
approve your proposal to add High Velocity Excelsior matting and live willow stakes, as the area
in question is already vegetated. However, the following actions are required within 30 days:
1) Calculate water velocities at the downstream end of the culvert for various storm
event levels, up to the design level of the culverts (i.e. 25 -year storm);
2) Based on these calculations, and in consultation with the North Carolina Department
of Transportation or other qualified organization having experience with stream
stability in similarly -sized coastal plain stream systems, submit a plan to stabilize the
area of anticipated stream bank impacts;
3) Given that hard structures such as rip rap may be required, calculate the additional
wetland and stream impacts of necessary stream stabilization impacts, and submit a
compensatory mitigation plan for our consideration.
a. Note that the Corps is not in favor of a wait- and -see approach, given the large
size of the culverts, large watershed, high expected storm flows, and
alignment of the structures relative to the downstream bank, as stream bank
"blowouts" are very damaging to stream and wetland habitat and downstream
water quality.
We strongly recommend your prompt attention in completing the required restoration plan.
Please be aware that your compliance with this directive does not foreclose the Department of
the Army's option to initiate additional appropriate legal action including pursuing a Class I
Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6 or
referral to the United States Attorney or the United States Environmental Protection Agency with
a recommendation for civil action.
Thank you for your time and cooperation. Should you have questions, please contact Mr.
David E. Bailey, at the Wilmington Regulatory Field Office, telephone -(910) -251 -4469 or Ms. -
Jennifer Frye, also with the Corps at (910) 251 -4923.
Sincerely,
HO- Stev A. Baker
Colonel, U.S. Army
District Commander
Enclosures

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Copies Furnished (with enclosures):
Mr. Timothy M. Stewart, P.E.
Parker and Associates, Inc.
Post Office Box 976
Jacksonville, North Carolina 28541
Mr. Elijah T. Morton
Morton Minerals, Inc.
121 Garnett Lane
Jacksonville, North Carolina 28546
Copies Furnished (without enclosures):
Thomas G. Walker, U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
Terry Sanford Federal Building & US
Courthouse
Raleigh, North Carolina 27601 -1461
Ms. Molly Davis
Chief, Wetlands Enforcement Section
Water Protection Division
Clean Water Enforcement Branch
U.S. Environmental Protection Agency -
Region IV
61 Forsyth Street, Southwest
Atlanta, Georgia 30303 -8960
Criminal Investigation Division
U.S. Environmental Protection Agency
6324.Fairview Road, Suite 525
Charlotte, North Carolina 28210
Ms. Joanne Steenhuis
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Shelton Sullivan
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617