20211059 Ver 1_Revised EPA COmments_20210916

From: Hair, Sarah E CIV (USA)
To: Bodnar, Gregg
Cc: Snider, Holley
Subject: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates
Date: Thursday, September 16, 2021 4:01:12 PM
Attachments: image004.png
imaae002.onq
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
FYI...see revised EPA comments below. I will be drafting our recommendations/condition letter in
the near future.
Holley: Where are you with the 401 process?
Thanks,
Liz
From: Bowers, Todd <[e-mail]>
Sent: Thursday, September 16, 2021 3:52 PM
To: Hair, Sarah E CIV (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View
Estates
Liz,
Thank you very much for forwarding the new information that pertains to the applicant's
approach to providing further avoidance of impacts to wetlands and assurances of future
buildings to not impact the remaining wetlands on -site. The additional site plans featuring
the building plans and septic system locations, removing the waterline infrastructure in
favor of the well water source for potable water and considering a narrower footprint of the
access road have all contributed to my confidence that this project is better suited to go
forward with minimal impact to adjacent wetlands. The stormwater permit information was
especially helpful to determine the amount or percentage of proposed impervious surface
anticipated for the future construction.
The applicant has adequately addressed most of my concerns and I am pleased with our
coordination on providing the applicant with agency feedback in a timely and efficient
manner. Therefore, I am removing my former concerns with the project and I concur with
the anticipated Corps decision to issue a permit for the proposed project under DA# SAW-
2020-01507 associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane,
in Hampstead, Pender County, North Carolina.
Thank you for the opportunity to provide agency comments and feedback on the
aforementioned proposed project. Please forward the final decision document or issued
permit with conditions for this project so that I may adequately perform a post -permit review
based on my previous comments.
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
Bowers.todd( epa.gov
Note: I am currently teleworking and away from the office. Please contact me via email or at
919.523.2637.
From: Hair, Sarah E CIV (USA) <Sarah.E.HairPusace.army.mil>
Sent: Wednesday, September 15, 2021 11:11 AM
To: Bowers, Todd <[e-mail]>
Subject: RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates
Hi Todd,
Please see the attached applicant response to your comments. The proposed wetland fill impact
associated with the road access is now less than 0.10 acre. The applicant discusses avoidance and
minimization measures taken to reduce the impact to aquatic resources and has revised the project
purpose and need to more accurately reflect the intent of the project.
Additionally, the applicant has provided building footprints for each lot which avoid further wetland
impact, and has agreed to record deed notifications prior to the sale of lots within the proposed
subdivision Compensatory mitigation is proposed at a 2:1 ratio through payment to the North East
Cape Fear Umbrella Mitigation Bank. *At the time of application, Riparian credits associated with
this bank were not yet been released however are anticipated in the 3rd auarter of 2021. Not sure
where this bank stands at this point with the scheduled release of these credits.
At your earliest convenience, please review the attached and let me know if it adequately addresses
your concerns.
Hope all is well,
Liz
From: Bowers, Todd <bowers.toddPepa.gov>
Sent: Tuesday, August 10, 2021 3:01 PM
To: Hair, Sarah E CIV (USA) <Sarah.E.HairCBusace.army.mil>
Subject: [Non-DoD Source] RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View

Estates
Liz,
The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the
subject CAMA GP 291 Major Permit request under DA Action ID SAW-2020-01507 dated
August 3, 2021 (ePN via email). It is our understanding that the applicant, Travis
Holder/Hampstead Investment Group , proposes to construct a road within wetlands,
install a water line, and construct a new access pier/boardwalk, and kayak launch,
associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in
Hampstead, Pender County, North Carolina.
Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10
acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/
"hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood
Lane and run through the central portion of the property in order to provide access to each
lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from
Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath
the roadway in order to maintain hydrology of the northern portion of the remaining wetland
to downstream waters. Temporary impacts to wetlands onsite are associated with waterline
installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square
feet). The applicant proposes to provide compensatory mitigation for the unavoidable
permanent wetland impacts through payment into the North East Cape Fear Umbrella
Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached).
I am concerned about this project for several reasons especially those that involve the
Section 404(b)(1) Guidelines. The applicant has not performed a suitable alternatives
analysis for meeting the project need or objective, which was stated as lot development to
meet local housing demand. This analysis is lacking and the applicant has not made a
justification for why homes need to be built in this location and result in the loss of waters of
the United States. With an access road built in this location, each lot will undergo
development and incur further impacts/permanent loss of Section 404 wetlands due to
houses, infrastructure and septic tank installation. The road is only the beginning of the
impact with more anticipated as the remaining lots leave little in the way of uplands to build
upon. Since future development of this site is not an incidental outcome but a planned
result of this project, it is imperative that the applicant provide an analysis that includes
these impacts so that a proper alternatives analysis can be performed, avoidance can be
maximized, impacts to wetlands can be minimized and those impacts are properly
compensated for.
I am concerned about "temporary impacts" to bottomland hardwood wetlands for waterline
installation. If a waterline is to remain in place, then this should be considered a permanent
impact due to the fact that this line may have to undergo maintenance thus incurring
impacts again. There is also a substantial temporal loss of function as it will take many
years for bottomland hardwood species to reestablish their current prominence. Unless the
applicant can guarantee minimal disturbance in the future and that the waterline will not
interfere with the hydrology or root development on -site then those impacts should be
considered a permanent loss of wetland, with resulting compensation offered.
At this time, EPA Region 4 requests that the applicant provide a project purpose that

demonstrates the need to build homes in this location and provide an alternatives analysis
that demonstrates that a non -water dependent project such as this must impact waters of
the United States to meet the project purpose. If lots 2 and 3 cannot be developed without
the wetland impact then perhaps they should not be developed as the remaining upland will
drastically limit development options even with the road in place and lead to further wetland
loss. I think it is safe to assume that with this road installed, the remaining wetlands are
under demonstrable threat of being permanently lost or severely degraded due to direct
impacts from lot development and occupancy.
Thank you for the opportunity to provide oversight on DA Action ID SAW-2020-01507
construct a road within wetlands, install a water line, and construct a new access
pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision
at 139 Dogwood Lane, in Hampstead, Pender 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.
From: Hair, Sarah E CIV (USA) <[e-mail]>
Sent: Wednesday, August 4, 2021 5:18 PM
To: [e-mail]; [e-mail]; pace.wilber <[e-mail]>;
[e-mail]; Horton, James Todd CIV USARMY CESAW (USA)
<[e-mail]>; Arnette, Justin R CIV USARMY CESAW (USA)
<[e-mail]>; [e-mail]; Bowers, Todd
<[e-mail]>; ethan coble <[e-mail]>; Fritz.rohde
<[e-mail]>; [e-mail]; twyla.cheatwood
<[e-mail]>; John <[e-mail]>; MacPherson, Tara
<[e-mail]>; Howell, Jonathan <[e-mail]>; Wojoski, Paul A

<[e-mail]>; Snider, Holley <[e-mail]>; Tranter, Kent W CIV
USARMY CESAW (USA) <Kent.Tranter( usace.army.mil>; Bertram, Paul J BOSN3
<PauI.J.BertramPuscg.mil>; Dail, Jason <[e-mail]>; Posey, Ward B CIV
<Ward.B.Posey( uscg.mil>
Cc: Charles, Thomas P CIV USARMY CESAW (USA)<[e-mail]>
Subject: [WARNING: UNSCANNABLE EXTRACTION FAILED][WARNING: UNSCANNABLE EXTRACTION
FAILED]CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates
All,
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal
Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field
Investigation Report and BioReport for the subject project. The attached notice requests federal
agency comments on this project by September 2, 2021.
The site is located within waters adjacent to the AIWW, located at 139 Dogwood Lane, in
Hampstead, in Pender County, North Carolina. Approximate Coordinates in Decimal Degrees are
34.334469 N,-77.709570 W.
The applicant is proposing to construct an access road for a proposed 5-lot residential subdivision,
with an access pier/boardwalk to an island located within the adjacent marsh, and a kayak launch
from the island into waters adjacent to Topsail Sound and the AIWW. Specifically, the applicant
proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct
an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The
road would begin along the ROW of Dogwood Lane and run through the central portion of the
property in order to provide access to each lot (with the exception of lot 1 and one lot labeled
"remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is
proposed to be placed underneath the roadway in order to maintain hydrology of the northern
portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are
associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres
(1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable
permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation
Bank at a 2:1 ratio (preliminary credit reservation letter attached). *It should be noted that Riparian
credits associated with this bank have not yet been released. however are anticipated in the 31:1
quarter of 2021.
Additionally, the applicant proposes to construct a 6' x 490' elevated boardwalk/pier that would
span from the subdivision, east to the adjacent island (referred to on the Pender Co. GIS as S % and
N 1/2). The boardwalk (shown on page 23 of 68) would be elevated a minimum of 3' above the
adjacent wetland substrate and would span mostly intertidal wetlands. The exception being a small
8' wide channel that exists between the upland and the island. In this location, the applicant
proposes to raise the elevation of the boardwalk/pier to a height of 6' above the normal high water
line. A kayak launch is proposed along the NE corner of the island. The kayak launch would consist of
a 6' x 40' fixed pier that extends from high ground and terminates over an intertidal mudflat.

Dredging is not proposed as a part of this project. The proposed kayak launch is more than 800 feet
landward of the federal channel.
Please see the attached field investigation report, application, kmz file, and plans for detailed
information concerning the proposed project.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -
Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the
proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries
Service. The waters within the project area are NOT designated as PNA by the NC Division of Marine
Fisheries, are classified as SA-ORW by the NC Division of Water Resources, and are OPEN to
harvesting shell fish. Average water depths within the marsh fluctuate based on tide, and range
from 0' to -3' at Normal Low Water (NLW).
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. The applicant included
correspondence dated February 3, 2021, from the USFWS (reference Consultation Code: 04EN2000-
2021-SLI-0616), which included a species list (labeled Attachment 6 in the application materials), and
recommended surveys be completed if the project site contains suitable habitat for any of the 14
listed species in Pender County. Of these 14 species, 2 require further evaluation:
West Indian Manatee: The Corps has determined that the project may affect, but is not likely to
adversely affect the West Indian Manatee. The use of Manatee Guidelines may be required as a
permit condition.
Northern Long Eared Bat (NLEB): The applicant included a narrative which describes briefly that
suitable habitat for these species does not exist onsite (specifically related to the NLEB, which
prefers protected areas such as caves, underneath bridges, or underneath the flakey bark of mature
trees in areas with little, to no wind). The applicant states that the site is a hostile environment due
to wind, therefore, suitable habitat does not exist onsite. The Corps has determined that the activity
would have No Effect on the NLEB.
NHPA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District
Engineer consulted district files and records and the latest published version of the National Register
of Historic Places and initially determines that no historic properties, nor properties eligible for
inclusion in the National Register, are present within the Corps' permit area: therefore, there will be
no historic properties affected.
Please contact me if you have any questions and provide comments at your earliest convenience, or
by September 2, 2021.

Thank you,
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[e-mail]
Work Cell: 910-512-4456