20071171 Ver 1_Other Agency Correspondence_20070730

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U.S. ARMY CORPS OF ENGINEERS
WII,MINGTON DISTRICT
Action Id.: 2007-2379-067 County: Onslow U.S.G.S. Quad: Jacksonville North
INCOMPLETE APPLICATION
Applicant: Midland Development Group Agent: H.C. Harris, Jr., Eng. And Surveying, P.A.
Attn: Michael Tolson, P.E.
1021 Oak Street 216 Main Street
Jacksonville, FL 32204-3905 Winterville, NC 28590
Telephone #: [phone]
Location/Description of Proposed Activity: The 13.59 acre tract is located on the southwestern side of Western
Blvd and is bounded by Gateway South on the southern boundary, adjacent to an unnamed tributary of Mill
Creek, Onslow County. The applicant has submitted a Preconstruction Notification Application for impacts
to 0.14 acres of wetlands for the purpose of a commercial development.
Type of Permit Applied For (check one): IP Q NWP (X) GP ( )
Applicable law: Section 404 of the Clean Water Act (X ); Section 10, Rivers and Harbor Act ( )
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE PROCESSED UNTIL THE FOLLOWING
INFORMATION IS RECEIVED (CHECK ALL THAT APPLY):
.• Your application form has not been completed and/or signed (see remarks)
.• Under the conditions of the Nationwide Permit, mitigation is required for your project. The
mitigation proposal submitted with your application is insufficient. (see remarks.)
.• Your application did not include a statement explaining how avoidance and minimization for losses
of waters of the U.S. were achieved on the project site. (see remarks)
•S Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
^ Your application did not include a delineation of affected special aquatic sites, including wetlands,
vegetated shallows, and riffle and pool complexes as required.
^ You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your
proposed work is in a designated trout water county (see remarks section below for the address of your
WRC representative)
Other (see remarks below).
REMARKS:
1. Please provide a contact name for the Midland Development Group such that future correspondence may
address their appropriate representative. Also it appears that the applicant should be the owner of the
property not the lease holder. Therefore, either have the owner sign the application or provide a reasonable
link (lease agreement or other documentation) making the connection from the owner to applicant.
2. There is no mitigation proposal submitted with this application. Compensatory mitigation is required for
any impacts which require notification through the PCN format. Please exhaust all on-site mitigation
options first before considering off-site options. Please be reminded that one on-site mitigation option
always available is the preservation of the remaining wetlands. If preservation is proposed, please provide
your preservation document and map. If onsite mitigation is considered impracticable please explain the
rationale and expect that at minimum offsite mitigation will likely begin at a 2:1 ratio.
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3. There needs to be more consideration given to avoidance and minimisation. First, there exists a substantial
open space the southwest of Chik-Fil-A where it appears parking could be located. If a portion of the
parking is moved into this area it appears the parking lot could be reconfigured thus allowing the anchor
tenant to shift northeast further minimising the wetland impact. Please explore the feasibility of this
redesign.
Also please demonstrate that the parking proposed is justifiable. In otherwords, reference the local planning
requirements for minimum parking for a building of this size and show that no more than minimum is
proposed. If more than minimal is proposed, once again it raises the question as to possible redesigns and
reducing the proposed wetland impact.
4. Cross section drawings will be required of all the impact areas to clearly understand their intersection with
the jurisdictional areas.
Lastly, for our filing purposes and for any future reproduction request please provide this office with one set
of plans at 11 x 17 or smaller. Please do include one full size set for review purposes.
Please submit the above information within 30 days of receipt of this Notification or we will
consider your application withdrawn and close the file.
Date: July 24, 2007 ,Q ~
Corps Regulatory Official: Brad E. Shaver la-~•rl ~ Telephone No.: 910-251-4611
Corps Regulatory Field Office Address: USAGE Wilmington Regulatory Field Office, PO Box 1890,
Wilmington, NC 28412-1890
ca Joanne Steenhuis, DENR-DWQ Wilmington Regional Office, 127 Cardinal Dr. Ext., Wilmington, NC 28405
Cyndi Karoly, DENR-DWQ Wetlands 401 Unit 2321 Crabtree Blvd Raleigh, NC 27604-2260
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