20061151 Ver 7_USACE Correspondence_20140515

'M DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
. WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF
May 14, 2014
Regulatory Division/1200a
Action ID: SAW- 2010 -01848
Standard Pacific of the Carolinas, LLC
Attn: Mr. Grey Methven
1600 Perimeter Park, Suite 125
Morrisville, North Carolina 27560
Dear Mr. Methven:
W=
MWIRM
Reference your application for Department of the Army (DA) authorization to permanently
impact 137 linear feet of unnamed tributary to Big Branch, and 0.138 acres of jurisdictional
wetlands associated with phases 2, 2c, and 3 of the Salem Village subdivision. The project, is
bordered to the north and west by South Salem Street, and to the east by Tingen Road, in the
town of Apex, Wake County North Carolina. Coordinates (in decimal degrees) for the site are
36.7136° North, - 78.8647 West. The site is located in the Cape Fear River Basin (8 -Digit
Cataloging Unit 03030004).
On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a
memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b) (1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through the selection of the
least damaging, practical alternative; second, taking appropriate and practical steps to reduce
impacts on waters and wetlands; and finally, compensating for any remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your application in full
compliance with this MOA, we request that you provide the following additional information:
1. It is necessary for you to have taken all appropriate and practical steps to reduce
waters and wetland losses. Please provide information on the justification for the
proposed fills, showing that you have done all you can especially regarding
modification of plans to reduce adverse impacts. Please provide information on
avoidance and minimization, primarily through the relocation or spanning of the
proposed Padstone Drive and relocation of Bodwin Lane, which would avoid and
minimize potential impacts to 137 linear feet of stream channel and 0.0318 acres
of jurisdictional wetlands.
2. Please provide a final and complete compensatory mitigation plan to offset
impacts to aquatic features from the proposed project. This includes but is not
limited to: justification as to the specific type of mitigation to be used (i.e.
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mitigation bank, in -lieu fee, on -site, or off -site mitigation), financial assurances,
easement holders, restoration plans, monitoring plans, etc. Please be reminded
.y
that no Department of the Army (DA) permit can be authorized without the
submittal, review and approval of a final compensatory mitigation plan.
3. Indicate if any fill is expected within a FEMA designated floodplain.
4. Address any concerns and comments raised from the public and other state and
federal: agencies during the public notice period. Specifically pertaining to a
sto mwater plans. These letters will be attached as exhibits to this letter.
This information is essential to our expeditious processing of your application and it
should be forwarded to us by June 13, 2014, or we will be forced to withdraw your application.
Also, a copy of this information should be sent to the North Carolina Division of Water
Resources to enable them to adequately evaluate your application for a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.
You should contact me at 919 -554 -4884, extension 32, if you have any questions
regarding this requirement.
Sincerely,
,Fop- Jean B. Gabby
Chief, Raleigh Regulatory
Field Office
Attachment
Copy Furnished: w /attachment
Mr. Bob Zarzecki
Soil and Environmental Consultants
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Copy Furnished: w/o attachment
Ms. Karen Higgins
North Carolina Division of Water Resources (NCD WR)
1650 Mail Service Center
Raleigh, NC 27699
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