20041167 Ver 3_Other Agency Comments_20130617

REPLY TO
ATTENTION OF
Regulatory Division
Action ID SAW- 2003 -00214
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
Savana Land Company, LLC
Mr. Burrows Smith
7036 Wrightsville Ave., Suite 101
Wilmington, North Carolina 28403
Dear Mr. Smith:
June 10, 2013
12@ I NO e19-Ro
JUN 17 2013
On April 17, 2013, we received a complete application from you requesting Department of
the Army (DA) authorization to discharge fill material into approximately 0.0 17 acre of Section
404 wetlands and 0.050 acre of jurisdictional tributaries to facilitate the development of the
residential subdivision known as Berkley at West Bay Estates. The 57.55 -acre project area is
located at 403 Torchwood Blvd, in wetlands adjacent to unnamed tributaries to Smith Creek,
New Hanover County, North Carolina.
The Corps of Engineers has received four (4) written responses to the Public Notice issued
April 23, 2013. The attached letters have been received from state and federal agencies:
1. On April 24, 2013, a letter was received from the North Carolina Division of Coastal
Management stating that the project proposal had been distributed for comment. By
letter dated May 22, 2013 our Office was notified that the Consistency Certification
(CD13 -033) had been issued.
2. On May 13, 2013 our Office received a letter from the North Carolina State
Preservation Office stating that they are aware of no historic resources which would
be affected by the project.
3. On May 14, 2013, our Office received a letter via email from the National Marine
Fisheries Service stating 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. By letter dated March 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. In summary, the Corps is prepared to make

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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 final 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.
Emily B. Hu es, egu or Specialist
Wilmington Regulatory Field Office
Enclosures
Copy Furnished (with enclosures):
Mr. David Syster
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
Copies Furnished (without enclosures):
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, North Carolina 27636 -3726
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650

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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. Chad Coburn
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405 -3845