20220917 Ver 1_final signed Town of Carolina Beach Lake Dredging MOA initial comment letter post PN_20220906

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 6, 2022
Regulatory Division
Action ID No. SAW-2011-00914
Town of Carolina Beach
Attn: Bruce Oakley
1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
Davey Resource Group, Inc.
Attn: Kim Williams
3805 Wrightsville Ave., Suite 15
Wilmington, NC 28403
Dear Madam/Sir:
On July 19, 2022, this office received your complete application for Department of
the Army authorization to dredge a portion of the Carolina Beach Lake as well as fill a
portion to enhance recreation, in New Hanover County, North Carolina. The purpose of
this letter is to provide comments from resource agencies for rebuttal purposes and
provide comments generated by this office as a part of the individual permit review.
At the conclusion of the thirty -day public notice period, we received three comments
from regulatory and or natural resource agencies. The commenting agencies, which
have forwarded correspondences to date, include the United States Department of the
Interior Fish and Wildlife Service, the NOAA National Marine Fisheries, and the United
States Environmental Protection Agency (EPA), Region 4. None of these responses
require a response as none of the agencies raised any questions or concerns from the
current proposal. Additionally, the USACE did not receive any public comments
concerning the proposal.
As part of the National Environmental Policy Act (NEPA) process and as required by
404(b)(1) guidelines the project purpose needs to be established. The applicant's stated
purpose disclosed in the Public Notice was to primarily improve stormwater retention
capabilities with a secondary purpose of improving aesthetics and recreation around the
Lake. In essence, the Town desires to dredge and fill portions of the Lake. As the
primary need stems from increasing retention capabilities, please describe the current
stormwater capacity of the Lake and what the capacity would be once the Lake is
dredged and in turn filled for recreational purposes. The project's need can be

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confirmed if the final expected capacity exceeds the current capacity once the new fill is
considered.
According to the 404 b(1) guidelines for processing a permit request, the applicant
must show how they have avoided and minimized impacts associated with current and
future uses of the stormwater facility. In this case, please explain what the Town intends
on doing to the point source inlets into the stormwater facility to minimize the sediment
before it enters the Lake. It seems likely secondary preventative measures could be
employed to reduce future sediments into the Lake. Also, the wetlands adjacent to the
stormwater facility serve an important function regarding stormwater storage and are
routinely being targeted for development. What actions has the Town taken to limit
development in these areas and or protect them from future fill requests?
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, I
would appreciate being made aware of your intentions, in writing, on or before
September 19, 2022.
I am responsible for processing your application and available to assist you in
coordinating with the review agencies. If you have any questions, you may call me at
[phone].
Sincerely,
Brad Shave
Digitally signed by Brad
Shaver
r Date: 2022.09.06 14:50:53
-04'00'
Brad Shaver
Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
NCDEQ-DWR attn: Holley Snider
NCDEQ-DWR attn: Paul Wojowski