20041161 Ver 2_Other Agency Comments_20130611

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO June 6, 2013
ATTENTION OF
Regulatory Division
Action ID SAW- 2002 -00323
ThAI T, LLC
Mr. Dick Thompson
912 Arboretum Drive
Wilmington, North Carolina 28405
Dear Mr. Thompson:
JUNE 201311
On April 17, 2013, we received a complete application from you requesting
Department of the Army (DA) authorization for after -the -fact impacts to 0.07 acre of
wetlands and authorization to discharge approximately 0.0 17 acre of fill material into
Section 404 jurisdictional tributary associated with the development of lots 3, 4 and 62 of
Covil Crossing subdivision. The 3.75 -acre project area is located on Loqust Drive, east
of Military Cutoff Road, in New Hanover County, North Carolina. The file number
assigned to your application is Action ID SAW- 2002 - 00323. Please refer to this number
in all future correspondence.
The Corps of Engineers has received five (5) letters in response to the Public Notice
issued April 25, 2013. The attached letters have been received from state and federal
agencies and adjacent land owners:
1. On May 2, 2013, a letter was received from the North Carolina Division of
Coastal Management stating that the project proposal had been distributed for
comment. At this time, a Consistency Certification has not been issued.
2. By letter dated May 13, 2013, the North Carolina State Preservation Office
stated that they are aware of no historic resources which would be affected by
the project.
3. By letter dated May 14, 2013, the National Marine Fisheries Service stated
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.
4. On May 20, 2013, a letter was received from adjacent landowners William
Vance and Mike Duncan. The purpose of their letter was "to seek assurance
that the developer... will be required to maintain the existing natural screening
provided by the foliage between lot 62 and our lots ".

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5. On May 23, 2013, a letter was received from the Snug Harbor Homeowners
Association (HOA) supporting Mr. Vance and Mr. Duncan's letter. They also
requested that "the new permit maintain the same level of storm water
collection and drainage and that no new properties be allowed that would
negatively impact Snug Harbour residents ".
6. By letter dated May 23, 2013, 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., although you are welcome to
address the landowners and HOA's concerns. 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 Environmental Policy Act (NEPA) require consideration of
reasonable alternatives, which would allow the project to be accomplished based on the
project's purpose and need. A fmal 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, (910) 251 -4635.
incerely,
Emily B.1 ugh%s, RkWatqry Specialist
WilminQtoh,Rokulator Meld Office
Enclosures
Copy Furnished (with enclosures):
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
h

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Copies Furnished (without enclosures):
Mr. Chad Coburn
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405 -3845
Mr. Karen Higgins
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Stephen Rynas
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, North Carolina 27636 -3726