20041161 Ver 2_More Info Received_20130502

5out6ern E-nvironmental Ciroup) Inc.
3313 South College Road, Suite E Wilmington, NC 28412
Fhone :910-+32.271 1 Fax. [phone] F—mail, oMccOsegi.us
17 April 2013
Hand Delivery
Ms. Emily Hughes
Regulatory Division
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: Response to USACE RFAI Dated 12 April 2013
Covil Crossing Subdivision Lots 3, 4 & 62
USACE AID: SAW - 2002 -00323
DWQ Project #: 041161
Dear Ms. Hughes,
o4- ittol Y&
This letter is in response to your email dated 12 April 2013, where you request additional information, in order
to complete the Public Notice for the project. Below you will find your request (bold italics), followed by
SEGi's response.
1) Please revise #18 of the IP permit application (description of project). Please include impact acreages and
reword statement to address after-the-fact impacts.
Please see the revised page 2, of the IP permit application, attached.
2) The Supplemental document addresses three residential dwellings in its purpose and need statement
(p.1). Lot 3 already appears to have a house on it and did not require lot fill to be buildable. Please explain.
The wetland impact associated with Lot 3 was not necessary to construct the dwelling. However, the
impact on Lot 4 would have severed the feature, leaving only a small remnant wetland on lot 3, which
would have been devoid of any functional value. Therefore, the impact was accounted for with this permit
request.
3) Please clarify which lot is which address.
Lot 3 — 7007 Loqust Drive
Lot 4 — 7011 Loqust Drive
Lot 62 — 7006 Loqust Drive
Please also refer to the revised Appendix H, page 2.
4) Elaborate on Sections II & Ill by describing Covil Crossing in more detail (overall acreage, description
of soilVvegetation, connection to downstream TNWW, # of lots, when constructed).
MAY 2
2013 i
This letter is in response to your email dated 12 April 2013, where you request additional information, in order
to complete the Public Notice for the project. Below you will find your request (bold italics), followed by
SEGi's response.
1) Please revise #18 of the IP permit application (description of project). Please include impact acreages and
reword statement to address after-the-fact impacts.
Please see the revised page 2, of the IP permit application, attached.
2) The Supplemental document addresses three residential dwellings in its purpose and need statement
(p.1). Lot 3 already appears to have a house on it and did not require lot fill to be buildable. Please explain.
The wetland impact associated with Lot 3 was not necessary to construct the dwelling. However, the
impact on Lot 4 would have severed the feature, leaving only a small remnant wetland on lot 3, which
would have been devoid of any functional value. Therefore, the impact was accounted for with this permit
request.
3) Please clarify which lot is which address.
Lot 3 — 7007 Loqust Drive
Lot 4 — 7011 Loqust Drive
Lot 62 — 7006 Loqust Drive
Please also refer to the revised Appendix H, page 2.
4) Elaborate on Sections II & Ill by describing Covil Crossing in more detail (overall acreage, description
of soilVvegetation, connection to downstream TNWW, # of lots, when constructed).

Covil Crossing encompasses approximately 28.4 acres, of which 20.4 acres was approved for the
development of a 62 lot, single family subdivision. Construction of roads and infrastructure began in
2005, while construction of houses began in late 2006. By 2010, only fifteen homes had been built. Since
then, all but fourteen lots have been built upon. The project area consists of seven lots, two of which have
houses on them.
An area of pine flat wetlands still remains between lots 4 and 5. The soils within the project area are
mapped as Murville fine sand and Stallings fine sand (see addendum Appendix L). An auger pull revealed
10YR2 /1 soils (mucky fine sandy loam), a water table within 4" of the surface and visible ponding.
Vegetation within the feature includes loblolly pine (Pinus taeda), red maple (Acer rubrum), honeysuckle
(Caprifoliaceae). The ditch feature, which bisects Lot 62, was observed draining west to east to an
unnamed tributary to Howe Creek (see addendum Appendix M). Wax myrtle (Myrica cerifera), cattail
(Typha latifolia), elder berry (Sambucus) and curly dock (Rumex crispus) was observed (see addendum
Appendix O).
S) My calculations for completed/cumulative impacts are the following:
Fill authorized = 0.732 (1119105)
Fill not completed = 0.017
Fill unauthorized = 0.07
Cumulative with recent request = 0.802ac
Pages 2 of the Supplemental Information and Individual Permit application have been revised to show
this correction (see Attached).
6) Appendix I was not included in the original permit request and will be discounted from the Avoidance A
Minimization analysis of the current proposal
Please find Appendix I attached.
7) To clarify mitigation:
Mitigation fulfilled = 2:1 for 0.252 acre (non - riparian) = 0.504 acre (PAID)
Mitigation proposed = 2:1 for 0.07 acre (non - riparian) + 0.017 RPW = 0.174 acre
*Mitigation not fulfilled for 0.463 acre of RPW (we realize this was Dallas Harris' requirement, not the
applicant's)
According to the IP dated 9 Nov 2005, the following mitigation was required to offset the impacts
associated with the development of the subdivision:
1. Make payment to the NCEEP for 0.504 acre of non riparian wetland restoration credit and
2. Preserve the remaining wetlands.
As you noted, payment to the NCEEP was fulfilled and as mentioned in the previously submitted
Supplemental Information, the preservation was not fulfilled. However, after fiuther review of the file, the
IP did not mention the relocation of 0.33 acre of ditches. This was discussed during the early stages of the
permit process. The proposed mitigation was noted in the 14 July 2004 Public Notice and denoted on the
site plans (see addendum Appendix N). The work was completed in late 2006. Please refer to revised
Appendix H, which illustrates to where the swales were relocated. With that said, and in conjunction with
the avoidance and minimization efforts demonstrated by the previous Applicant, it is believed that the

impacts authorized in 2005 have been mitigated and that the mitigation proposed with this permit
application sufficiently offsets the after - the -fact and proposed impacts associated with this project.
It is my hope that the information found within and attached to this letter will complete the permit application
and the Public Notice will be issued. However, if you feel you need further information or have questions
regarding what has been provided here, please feel free to call. As always, thank you for your time and
assistance with this project. I look forward to hearing from you.
Sincerely,
Dana A. Lutheran
Project Manager
Enclosures Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8
— Individual Permit Page 2 (revised 4/17/13)
— Appendix H (revised 4/17/13)
— Appendix L (addendum)
— Appendix M (addendum)
— Appendix N (addendum)
— Appendix O (addendum)
— Appendix I (missing from last submittal)
— Supplemental Information, Page 2 (revised 4/17/13)
Cc: Mr. Chad Coburn — NC DWQ 401 WiRO
Karen Higgins — NC DWQ 401 Oversight Raleigh
Mr. Stephen Rynas — NC DCM CAMA Consistency Coordinator

r
17 DIRECTIONS TO THE SITE
From the Wilmington District USACE Office, take Market Street north. Take a right onto Gordon and another right onto Military Cutoff .
Take the second left (Covil Farm Road), then take the second left onto Snug Harbor Drive. Locust will be the second road on the left.
(See Attachment 1 - Supplemental Information for details)
18. Nature of Activity (Description of project, include all features)
The project includes the proposed filling 0.017 acre of 404 tributary and the after- the -fact impact of 0.07 acre of non - riparian wetlands.
Cumulatively, 0.802 acre of wetland impact is proposed. This amount includes previously authorized impacts (0.732), minus the impact
that was not completed (0 017), the proposed impact for lot 62 (0.017) and the after -the -fact impacts (0.07).
Heavy machinery, such as dump trucks and bulldozers will be used to bring clean earthen fill onto lot 62. A 36" RCP, with associated
energy dissipater, will be installed under the access drive of lot 62. Lot 4 has already been filled. This was an oversight on behalf of the
developer /contractor, as the impact had been proposed to the regulatory agencies, but was removed at some point in the permit process.
Please refer to Attachment 1 - Supplemental Information for details.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The purpose of this project is to facilitate the construction of an access drive and residential dwelling on lot 4 and access drive to lot 62.
(See Attachment 1 -Supplemental Information for details)
USE BLOCKS 20 -231F DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
(See Attachment I - Supplemental Information for details)
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
(See Attachment 1 - Supplemental
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres
or
Linear Feet (See Attachment I - Supplemental Information for details)
23 Description of Avoidance, Minimization, and Compensation (see instructions)
(See Attachment 1 - Supplemental Information for details)
ENG FORM 4345, OCT 2012 Page 2 of 3
4
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L26
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L44
N 08'56 37 E
33.47'
L46
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L47
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HARNETT TWSP. NEW HANOVER CO. BOAT
NORTH CAROLINA CIRCLE HANOVER DESIGN SERVICES, P.A.
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WILMINGTON, N.C. 28403
PHONE [phone]
FIRM CERTIFICATE C -0597

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0 85 170 340 510 680 Topo Map N
Feet Covil Crossing
W
Wilmington, New Hanover Co., NC e
P P 4/16/2013 04- 031.01 s Si .G)
Map Source: USA To o Maps

DEPARTMENT OF THE ARMY R 1. D
Wilmington District, Corps of Engineers ot, ,
Post Office Box 1890
Wilmington, North Carolina 28402 -1890
(http://www.saw.usace.army.mil/wetlands/regtour.htm)
Action ID No. 200200323 July 14, 2004
PUBLIC NOTICE
Dallas Harris Construction, PO Box 531, Wrightsville Beach, NC 28480, has applied for a
Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL INTO 0.78 ACRES
OF SECTION 404 WETLANDS AND WATERS ADJACENT AND HYDROLOGICALLY
CONNECTED TO AN UNNAMED TRIBUTARY TO HOWE CREEK, A TRIBUTARY TO
THE ATLANTIC INTRACOASTAL WATERWAY, ASSOCIATED WITH THE
CONSTRUCTION OF THE COVIL CROSSING RESIDENTIAL SUBDIVISION, LOCATED
AT THE NORTHERN TERMINUS OF SNUG HARBOR DRIVE, NORTH OF COVEL FARM
ROAD AND EAST OF MILITARY CUTOFF ROAD, IN WILMINGTON, NEW HANOVER
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. The
project site is a 28.38 -acre tract that includes approximately 1.5 acres of jurisdictional wetlands
and waters. Plans submitted with the application show permanent impacts to 0.32 acres of
jurisdictional wetlands associated with road crossings and lot fill. In addition, the applicant
proposed to fill 0.46 acres of jurisdictional waters associated with road construction and lot
development. The purpose of the work is to construct a residential subdivision within the Covil
Estates development. The proposal includes 62 housing lots and subdivision roadways.
The current use of the project area is undeveloped grass and woodland with portions of
historically ditched wetlands. The surrounding land use is residential development.
Proposed impacts to jurisdictional wetlands and waters are associated with construction of
roads and lot development. Plans for the project include the proposed placement of 68,141 cubic
yards of fill material for the road crossings and lot fill. Plans showing the work are included
with this public notice.
The proposal also includes a mitigation plan for 0.78 acres of wetlands and waters impact.
The mitigation proposal includes making payment to the North Carolina Ecosystem
Enhancement Program/Wetlands Restoration Program for impacts to wetlands at a 2:1 ratio. The
applicant also proposes to mitigate for the impacts to jurisdictional waters by constructing 0.33
acres of grassed swales on -site.
M
y\Z'

ro shall be reviewed for the applicability of other actions by North Carolina
AJ
agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113 -229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State -owned submerged land
under North Carolina General Statute 143 - 341(4), 146 -6, 146 -11, and 146 -12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A- 50 -66).
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification are denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encouraged to furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of Engineers.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson- Stevens Fishery Conservation and Management Act. The District Engineer's initial
determination is that the proposed project would not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.

The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality ( NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NCDWQ for certification.

Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Wetlands/401 Unit, NCDWQ, 2321 Crabtree Boulevard, Raleigh, North Carolina
27604 -2260. Copies of such materials will be furnished to any person requesting copies upon
payment of reproduction cost.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1621 Mail Service Center, Raleigh, NC 27699 -1621, on or before August 6, 2004,
Attn: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
the Corps of Engineers, Wilmington District, Wilmington Regulatory Field Office,
Attn: Ms. Jennifer Frye, Post Office Box 1890, Wilmington, North Carolina, 28402 -1890, until
4:15 p.m., August 13, 2004, at telephone [phone]. A
4

LOCA TION
MAP
`
NOT TO SCALE

Soutkern Environmental Group, Inc.
3973 E) Market jtreet • Wilmington, North Carolina 28403
910.254.0602 • Fax: [phone] • [e-mail]
www.segws
Covil Crossing Impact Detail Sheet
Impact
Type Of Impact
Type of Wetland
Size (acres)
1
Lot Fill
Wet Flat
0.085
2
Road Crossing
Wet Flat
0.0006
3
Road Crossing
Waters of the US
0.017
4
Road Crossing
Waters of the US
0.043
5
Road Crossing
Waters of the US
0.040
6
Road Crossing / Lot Fill
Wet Flat
0.213
7
Road Crossing
Waters of the US
0.040
8
Road Crossing
Wet Flat
0.018
9*
Ditch Fill
Waters of the US
10.320
Note: * includes all areas labeled 'DITCH TO BE FRIM.

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6A nlj-
PREUMINARY PLAN OF
COME CROSSING
HARNETT TWSP. NEW HANOVER CO.
NORTH CAROLINA
DEVELOPER: SORENSEN GROUP
P.O. BOX 777
CAROLINA BEACH, NC
SHEET 1 OF 3
11Ye■■■sur7i /I I �� I
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SalHANOVER DESIGN SERVICES, P.A.
319 WALNUT STREET
IMLMINGTON, N.C. 28401
PHONE [phone]
10683- WET- PERMITI.JW
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63
PREUMINARY PLAN OF
COME CROSSING
HARNETT TWSP. NEW HANOVER CO.
NORTH CAROLINA
DEVELOPER: SORENSEN GROUP
P.O. BOX 777
CAROLINA BEACH, NC
SHEET 1 OF 3
11Ye■■■sur7i /I I �� I
CA R o
sl�►>.. e m too' so• 0 Io0•
km6J4."psel I SCALE IN FEET
1' = 100•
SalHANOVER DESIGN SERVICES, P.A.
319 WALNUT STREET
IMLMINGTON, N.C. 28401
PHONE [phone]
10683- WET- PERMITI.JW
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TO
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Q `
1 , L4
' DI TCH TO BE 1 r
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LINE
BEARING
DISTANCE
Ll
S 89'04'54' E
29.28'
L2
S 51'13'16' E
29.56'
L3
S 53'41'27' E
8.73'
L4
S 13'52'31' W
33.36'
L5
N 56'01'03' W
8.01'
L6
I N 72'43'53' E
44.04'
L7
S 43'06'45' E
34.38'
L8
S 43.06'45' E
5.85'
L9
S 34'46'03' W
28.94'
L10
S 34'46'03' W
14.60'
Lll
S 76'56'27' E
69.97'
L12
I S 67'46'56' W
7.69'
L13
N 79'49'05' W
28.85'
L14
N 68'00'44' W
33.46'
L15
N 56'01'03' W
1.95'
L22
N 06'27'07' W
5.62'
L23
N 06'27'07' W
15.66'
L24
N 22'40'07' W
34.87'
L25
N 59'50'23' W
41.84'
L26
N 15'11'11' E
21.96'
L27
S 76'26'24' E
30.60'
L28
S 76.26'24' E
7.43'
L29
N 73'59'49' E
50.68'
L30
S 66.28'01' E
29.73'
L31
S 28'33'37' E
31.44'
L32
S 28'33'37' E
26.32'
L33
S 00'35'58' W
26.10'
L34
S 82'47'26' W
94.78'
L35
N 06'18'41' E
14.19'
L36
N 67.54'17' W
27.14'
L37
S 57'43'00' W
29.66'
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SHEET 3 OF 3

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Covil Estates -Lots 3, 4 & 62 Individual Permit Supplemental Documentation �
The previously issued EP and W C authorized the permanent impact of 0.252 acres of 404 non-riparian
p Y Q p pac npanan wetlands V
and 0.48 acre of Waters of the US (see Appendix J). These impacts were to be offset by the Applicant's payment
to the NCEEP for 0.504 acres of non - riparian wetland restoration credit and preservation of the remaining
wetlands (1.1 acres) located within the project area. According to our records, payment to the NCEEP was
fulfilled (See Appendix G), but the preservation was not recorded.
N. Project Description
The Applicant anticipates impacting 0.087 -acre of jurisdictional wetlands with the development of lots 3, 4 and
62 (see Appendix H — Wetland Impact Map). The table below denotes the impacts to wetlands that are anticipated
to take place or are are being accounted for after the fact:
Wetland
Im act
Proposed /
After the
Fact
Type
(Road crossing building footprint,
u ty, etc.)
Jurisdiction
(Section 404,10 DWQ 401,
other
Proposed
( F)
1
After the Fact
Single Family Lot Fill and Access Drive
404 Non - Riparian Wetland
0.07 (3,066 SF)
2
Proposed
Access Drive to Single Family Lot
404 Tributary
0.017 (750 SF)
Total Proposed / ATF Impacts
0.087 (3,816 SF)
Completed Impacts
0.715 (31,145.4 SF)
Previously Authorized Impacts
0.732 (31,885.92 SF)
Cumulative Project Total
0.802 (34,194.6 SF)
A Previously Authorized
0.07 (3,066 SF)
Table 2. Wetland Impact Summary.
Heavy machinery, such as a bulldozer, grader, back hoe, and track hoe, will be utilized during the construction
process. The machinery will be used to clear the land, stabilize the soil, establish grade and to transport and
deposit the proposed fill material within the project boundaries. Sediment and erosion control measures will be
installed prior to commencement of land disturbing activities.
Coastal wetlands are not anticipated to be impacted by this project, and the project is located outside any Areas of
Environmental Concern (AECs). A CAMA Consistency Determination is being prepared concurrently with this
permit application and will be submitted to the USACE and DWQ upon receipt.
Threatened and endangered species and archaeological concerns were addressed within the previously issued
DoA and DWQ permits, as well as the DCM's CAMA Consistency Determination. No changes have occurred
since the issuance of those authorizations.
V. Avoidance and Minimization
These impacts were accounted for with the original application submittal. During the permit process, the
developer demonstrated avoidance and minimization by eliminating lots, specifically between lots 4 and 5 and
lots 43 and 44, on the original site plan and even went a step further to eliminate another lot to finther minimize
the impacts (see Appendix n. Unfortunately, during the construction of the subdivision, the grading contactor did
not have the revised plan and impacted the area of wetland located on lots 3 and 4. This impact was shown on
plans previously submitted to the agencies. The wetland area between lots 43 and 44 has not been impacted and
remains in its natural state.