20120302 Ver 2_USACE Correspondence_20140527

REPLY TO
ATTENTION OF
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
Action ID No. SAW - 2012 -00204
TGW, LLC
Attn: Mike Toler
5069 Highway 70 West
Morehead City, North Carolina 28557
Dear Mr. Toler:
May 23, 2014
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Please reference your application for the Department of the Army (DA) authorization to_
discharge fill material into 0.62 acre of jurisdictional wetlands adjacent to an unnamed tributary
to Hull Swamp. The project's purpose is to construct the proposed Mike Toler Chrysler, Dodge
Jeep, Ram car Dealership. Previous DA authorization was verified under Nationwide Permit No.
39, for impacts to 0.494 acre of wetland. Recently, you have determined that the area required to
construct the Dealership necessitates fill in an additional 0.13 acre of wetland. The 4.87 -acre
project site is located on the northwest corner of Old Murdoch Road and U.S. Highway 70 in
Morehead City, Carteret County, North Carolina.
After public notice of your proposal.issued on December, 30, 2011, the North Carolina
Division of Water Quality sent a letter dated April 11, 2014 stating No Action Necessary (copies
enclosed). The U.S Fish and Wildlife Service sent a letter to the Corps dated May 12, 204 stating
they have no objection to your proposal as described in your application and plans (copies
enclosed). The North Carolina Department of Cultural Resources sent a letter dated April 29,
2014 stating that they have no comment on the project as proposed (copies enclosed).
Also, on February 6, 1990, the Department of the Army (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 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 minimize impacts to waters and wetlands; and finally, compensation for
remaining unavoidable impacts to the extent appropriate and practical. To enable us to process
your application, in compliance with the MOA, we request that you provide the following
additional information:

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1. Under previous authorization for this project, you purchased 0.988 non - riparian wetland
credit from the Hofmann Forest Mitigation Bank to offset impacts to 0.494 acre of wetland. Your current
mitigation plan proposes purchase of an additional 0.20 acre of non - riparian wetland credit from the
Hofmann Forest Mitigation Bank for the remaining 0.13 acre of impact. Your plan, however, is
compensating for wetland impacts at a less than 2:1 ratio. The Wilmington District typically requires a
2:1 ratio of mitigation:impact for mitigation bank or in lieu fee purchase. Therefore, please provide
information on why 0.26 acre of non -riparian is not being purchased for the remaining 0.13 acre of
impact or offer additional compensatory mitigation.
The aforementioned, requested information is essential to the expeditious processing of your
application and should be forwarded to us Within two (2) weeks of your receipt of this letter. Our
administrative process provides you the opportunity to propose a resolution and/or rebut any and
all objections before a final decision is made. In this regard, please state your intentions to
address this request for information in writing.
If you have questions or comments, please do not hesitate to contact me at telephone (910)
251 -4637, Wilmington Regulatory Field Office.
Sincerely,
Christy Wicker, Regulatory Specialist
Wilmington Regulatory Field Office
Enclosures
Copies Furnished (with enclosures):
Land Management Group, Inc.
Attn: Kim Williams
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Copies Furnished (without enclosures):
Mr. Shelton Sullivan
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617

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Mr. Stephen Rynas
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699 -1638
Ms. Joanne Steenhuis
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 2763 6-3 726
Ms. Becky Fox
U.S. Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
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