20201374 Ver 1_Other Agency Correspondence_20210611

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Shaver, Brad E CIV USARMY CESAW (USA)
From:Bowers, Todd <[e-mail]>
Sent:Friday, June 11, 2021 2:18 PM
To:Shaver, Brad E CIV USARMY CESAW (USA)
Cc:Van Wyk, Alison
Subject:[Non-DoD Source] USACE Public Notice SAW-2019-00908; USEPA R4 Response
Importance:High
Brad,

The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject Public Notice
under DA Action ID SAW-2019-00908 dated May 14, 2021. It is our understanding that the applicant,
Southern Environmental Group Inc. (SEGI), on behalf of Jason Wade, is seeking a Department of the Army
authorization to fill 0.36 of an acre of wetlands, associated with the construction of two duplexes in New
Hanover County, North Carolina.

According the Public Notice stated purpose and project description:

The applicant’s stated purpose is to construct two (2) residential duplexes, with access road, driveways, and
maintenance corridors to meet local market demand. The project involves filling a portion of the dedicated
Town Right of Way off Lake Drive to make access to two lots and then fill both lots to construct two duplexes
measuring 3,290 square feet each. The lot fill totals 12,500 square feet of wetland impact with the remainder of
wetland impact coming from the Right of Way work to access the lots, a total reported by the applicant of 0.36
of an acre of wetland fill. The lots and Right of Way will be mechanized land cleared, undercut, and clean fill
will be placed back onto the access route as well as construction fill pads. The applicant has proposed to
purchase nearby available wetland lots and preserve said lots with the intent to preserve them in perpetuity via
a recorded conservation declaration. In addition to protecting the wetlands on these lots, a purchase of non-
riparian wetland credits from the Lower Cape Fear Umbrella Mitigation Bank would be made at an impact
ratio of 1:1. The applicant has stated that if the property purchase and preservation does not occur he offers
to satisfy all mitigation requirements by purchasing wetland credits at a 4:1 impact ratio from the Lower
Cape Fear Umbrella Mitigation Bank (LCFUMB).

Based on the information above, the EPA would like to submit the following comments for consideration by the
Wilmington District:

Per the Section 404(b)(1) Guidelines alternatives analysis “no discharge of dredged or fill material shall be
permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact
on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental
consequences.” The applicant’s stated purpose is for a project that is not water dependent and that upland
options that do not incur other unacceptable losses to the environment are presumed to exist. The applicant’s
basic overall project purpose could be stated as “to provide housing to meet market demand”. This objective
can be met without necessary impacts to jurisdictional aquatic resources and that practicable upland
alternatives exist. The fact that Mr. Wade is only offering properties that he currently owns or sites adjacent to
the desired location as alternatives to his project purpose does not take into consideration an analysis that
includes other practicable off-site options. Such options include reducing the project size to fit another currently
owned property (one duplex instead of two), project location (could the project purpose be met elsewhere), a
plan that has less or no impacts to waters of the US, etc. The applicant has not made the case that this project
absolutely needs to be built in the preferred location to meet the project purpose. For instance it is unclear why
Off-Site Alternative Site 9 is not able to meet the basic project purpose other than the site is oddly shaped for
two duplexes. Does this imply that the site is unsuitable for any building? What is the status of the adjacent
parcels (700 and 702) owned by Mr. Wade to the north of the preferred project location?
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As far as on-site alternatives are concerned, I believe that the applicant has chosen a reasonable option for
achieving the basic project purpose, however modifications to the preferred project can further reduce wetland
impacts such as building only a single duplex rather than two. This would still meet the basic project purpose
and reduce potential impacts by up to another 50%. Why has the applicant not considered an on-site
alternative that could significantly reduce impacts and still achieve the basic project purpose?

In order to determine the proper amount and type of compensatory mitigation for unavoidable losses to waters
of the United States, a functional assessment of the wetlands proposed for impact in question should be
conducted. By simply offering a replacement of 4:1 for wetland impacts, while generous and usually more than
enough to replace lost function, is not wholly appropriate when considering the lack of avoidance and
minimization in the alternatives put forward by the applicant. This might also be interpreted as the applicant
attempting to avoid impacts by purchasing credits. In order for the applicant to consider and offer purchasing
wetlands for preservation, an assessment of the quality of the subject wetlands needs to be known before a
determination on the suitability for preservation can be made. Without a functional assessment such as the
North Carolina Wetland Assessment Method (NCWAM) to evaluate the type and quality of the aquatic
resources on-site, or for those locations offered for preservation, I cannot determine if the amount and type of
compensatory mitigation offered is sufficient in this case. I recommend that the applicant provide information
and data (NCWAM, jurisdictional determination, wetland determination forms, site photos, etc) to demonstrate
that adequate compensation is being offered to replace the lost functions and provide for no-net-loss of aquatic
resources.

Lastly, the applicant has provided a letter (dated April 29, 2021) demonstrating that only a fourth of the credits
(at the proffered 4:1 replacement ratio) are available from the LCFUMB. Should the preservation option prove
unsuitable, and the applicant continues to offer a 4:1 (or similar) replacement ratio for unavoidable wetland
impacts, they will need to demonstrate that those credits are available before moving forward with further offers
of compensation.

Thank you for the opportunity to provide feedback on the Public Notice for DA Action ID SAW-2019-00908 to
fill 0.36 of an acre of wetlands, associated with the construction of two duplexes in New Hanover County, North
Carolina.

Best Regards,

Todd Bowers

Todd Allen Bowers
US EPA Region 4 Oceans, Wetlands and Streams Protection Branch
61 Forsyth St. SW
Atlanta, GA 30303
404.562.9225
[e-mail]

Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637.

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From: CESAW‐PublicNoticeList <CESAW‐[e-mail]>  
Sent: Friday, May 14, 2021 9:33 AM 
Subject: US Army Corps of Engineers Public Notice 
Importance: High 

As you requested, you are hereby notified that the Wilmington District, United States Corps of Engineers, has
issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory
Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing
or download at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/

___________________________

The current notice involves: SAW-2019-00908 – 704 South Second Street

Name: 704 South Second Street

Issue Date: 14 May 2021

Point of Contact: Brad Shaver
Email: [e-mail]

Project Description: The Wilmington District, Corps of Engineers (Corps) received an application from Southern
Environmental Group Inc. (SEGI) on behalf of Jason Wade seeking Department of the Army authorization to fill
0.36 of an acre of wetlands, associated with the construction of two duplexes in New Hanover County, North
Carolina.

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