19930786 Ver 2_Other Agency Comments_20070913

Regulatory Division
Action ID: SAW-2002-768
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
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August 28, 2007
Mr. Pete Benjamin, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Dear Mr. Benjamin:
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SEP 1 3 2007
ilLi~f(-WATER QUALITI(
~~~s~r~eRANCy
Please reference Reserve Development Company, LLC application for a Department of the
Army Individual Permit pursuant to Section 404 of the Clean Water Act to discharge fill material
into 1.5 acres of Section 404 wetlands to facilitate the development of the proposed The Reserve
at St. James Plantation planned-unit development. This 2372.24 acre project area is located
south of NC Highway 211 and east of its junction with Midway road, near Southport, Brunswick
County, North Carolina. Please also reference your Public Notice response, dated May 7, 2007.
On August 20, 2007, we received a letter from the applicant in response to your concerns.
Based on available information and the Biological Evaluation submitted by the applicant (see
attached), the Corps has made the following determinations pursuant to the Endangered Species
Act of 1973. Although no critical habitat for any of the species listed below exists on the parcel,
some Primary Constituent Elements maybe present, specifically for red-cockaded woodpecker
and rough-leaf loosestrife.
Common Name Scientific Name Determination
American alli ator Alli ator mississi iensis No Effect
Eastern cou ar Felis concolor cou uar No Effect
Red-cockaded woodpecker Picoides borealis May Affect Not Likely to Adversely
Affect
Shortnose stur eon Aci enser brevirostrum No Effect
Wood stork M cteria americana No Effect
Cooley's meadowrue Thalictrum cooleyi May Affect Not Likely to Adversely
Affect
Rough-leaf loosestrife Lysimachia asperulaefolia May Affect Not Likely to Adversely
Affect

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In addition, please note that the applicant has reduced their proposed wetland impact to 1.5
acres. They have also amended their mitigation proposal such that they now propose to restore
1.18 acres of wetlands, make payment to the North Carolina Ecosystem Enhancement Program
for the restoration of 0.5 acres ofnon-riparian wetlands and preserve all remaining on-site
wetlands, not already preserved through N.C. Department of Transportation mitigation for
impacts associated with the second bridge to Oak Island, through conservation easements and
restrictive covenants. Please review the
Corps your
comments and concerns on or before October 2, 2007. Specifically, we request your
concurrence with the determinations in the table above.
Thank you for your time and cooperation. I will be responsible for processing this permit
action and available to assist you in coordinating additional concerns regarding this issue. I can
be reached at [phone] or [e-mail].
Enclosure
Copies Furnished (with enclosure):
Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Copies Furnished (without enclosure):
Mr. Steven H. Everhart, PhD
N.C. Wildlife Resources Commission
Division of Inland Fisheries
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Sincerely,
Kimberly Garvey
Regulatory Specialist
Wilmington Regulatory Field Office

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r. Ian McMillan
N.C. Department of Environment
and Natural Resources
Division of Water Quality
1621 Mail Service Center
North Carolina 27699-1621
The Reserve Development Company, LLC
Attn: Mr. John Atkinson, Jr.
Post Office Box 10879
Southport, North Carolina 28461
Ms. Kim Williams
Land Management Group, Inc.
3805 Wrightsville Ave, Suite 15
Wilmington, North Carolina 28403