20140376 Ver 1_USACE Correspondence_20140707

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF July 2, 2014
Regulatory Division/1200A
Action ID: SAW- 2012 -01386
Standard Pacific of the Carolinas, LLC
Attn: Mr. Grey Methven
100 Perimeter Park, Suite 112
Morrisville, North Carolina 27506
Dear Mr. Methven:
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Reference your application for Department of the Army (DA) authorization to permanently
impact 0.636 acre of jurisdictional wetlands associated with the construction of a 60 lot
residential subdivision and associated infrastructure known as James Street Station. The project
is located adjacent to the west of James Street Extension, and bordered to the north by South
Salem Street (Old US 1) in the town of Apex, Wake County North Carolina. Coordinates (in
decimal degrees) for the site are 35.71990 North, - 78.8609 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. Particularly proposed fills for lots 7 and 8. Please
provide information on avoidance and minimization, primarily through the relocation
or spanning of the proposed James Street, and the relocation of Minley Way, which
would avoid and minimize potential impacts to 0.602 acre of jurisdictional wetlands.
2. Indicate if any fill is expected within a FEMA designated floodplain.
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This information is essential to our expeditious processing of your application and it should
be forwarded to us by July 16, 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 James Lastinger, Regulatory Specialist at 919 -554 -4884, extension 32, if
you have any questions regarding this requirement.
Sincerely,
'4m W�
Jean B. Gibby
Chief, Raleigh Regulatory
Field Office
Copy Furnished:
Mr. Troy Beasley
Withers and Ravenel
1410 Commonwealth Dr., Suite 101
Wilmington, NC 28403
Ms. Karen Higgins
North Carolina Division of Water Resources (NCDWR)
1617 Mail Service Center
Raleigh, NC 27699 -1617