20230594 Ver 1_USACE Correspondence_20230713

From: Currey, Gregory E CIV USARMY CESAD (USA)
To: Finch, Grea
Cc: Snider, Holley; Luck, Cameron A
Subject: [External] RE: [URL Verdict: Neutral][Non-DoD Source] Re: FW: SAW 2023-00939 J. Steele Aviation, LLC Docking
Facility epa comments
Date: Thursday, July 13, 2023 4:31:07 PM
Attachments: image001.pnna
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Greg, sorry for the delay in addressing your response.
As I stated earlier, a project Purpose and Need for future use or speculative uses is not allowed in
Army Corps of Engineers regulations and guidance. These state the following:
"The US Army Corps of Engineers can conclude that purpose is too speculative and halt the review
process".
"When a project is so speculative that alternatives and avoidance and minimization cannot be
meaningfully addressed, the application may be considered incomplete."
Therefore, I have determined that this permit application is incomplete. A project Purpose and Need
must be defined that has a valid and current identified "end user" for the proposed 9-slip docking
facility.
Greg
From: Finch, Greg <[e-mail]>
Sent: Thursday, June 1, 2023 5:06 PM
To: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>
Subject: Re: [URL Verdict: Neutral][Non-DoD Source] Re: FW: SAW 2023-00939 J. Steele Aviation,
LLC Docking Facility epa comments
Did you see the attachments? SAW 2018-00111 modification that you issued in July 2020 that
authorized a total of 10 slips (and dredging) on a vacant lot. This is a common practice that we have
permitted docking facilities (or piers and gazebos) on vacant lots. It's essential to establishing the
value of the lot(s) and is often a contingency of real estate closings. I provided two clear examples of
that, we have several more, even in the city of Wilmington limits.
Greg Finch I Section Manager

Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office page
On Thu, Jun 1, 2023 at 4:54 PM Currey, Gregory E CIV USARMY CESAD (USA)
<Gregory.E.Currey(@usace.arm�.mil> wrote:
I will run this by Mickey, but I have never accepted something like this in the 12 years I have
worked for the Corps.
G reg
From: Finch, Greg <gregory.finchicpdavey.com>
Sent: Thursday, June 1, 2023 4:19 PM
To: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey(@usace.army.mil>
Cc: Bowers, Todd <bowers.toddPepa.gov>; William Dortch (Andy) <william.dortchPdave)Z.com>
Subject: Re: [URL Verdict: Neutral][Non-DoD Source] Re: FW: SAW 2023-00939 J. Steele Aviation,
LLC Docking Facility epa comments
G reg,
The Purpose and Need is to establish the value of the property to support future uses, this is a
very common practice, to establish the water -dependant use, first, so that the value and potential
use of the upland can be accurately evaluated and planned, either by the current owner or
potential buyers if the property were to be listed for sale. Note that this property has been listed
for sale within the last couple of years and didn't sell, presumably since the waterfront access
wasn't determined and validated with authorized permits, hence the current owner contacted us
to engage in permitting.
Please see attached GP291 issued for a 10-slip docking facility on a 1.83 and 0.78 acre tract of
land located at 221 Summer Rest Rd that remained vacant and for sale for years. The property did
not sell until valid CAMA and USACE permits were obtained. This is nearly an identical situation
and amply justifies the purpose and need. Note that the original permit was issued in March of
2018 and the property still didn't sell until April of 2019:
https://etax.nhcgov.com/pt/datalets/datalet.aspx?mode=sales&UseSearch=no&pin=R05714-003-
016-000&jur=NH&taxyr=2023&LMparent=20
The permit was subsequently modified and I've attached an additional authorization and a photo
of the property posting as well.
Another nearly identical example is the attached GP291 for 1614 Island Marina Dr. This permit
also authorized a 10-slip docking facility on a 0.56 acre vacant property. The past owners

contacted us for permitting since the property wasn't selling. The permit was issued in Dec 2018
and then the property sold in July 2019:
https://etax.nhcgov.com/pt/datalets/datalet.aspx?mode=sales&UseSearch=no&pin=R08806-004-
006-000& i u r= N H &taxyr=2023 & LM pa re n t=20
Lastly, please see the attached Conceptual Land Plan that shows the property potentially divided
into 4 lots, this scenario would allow each lot owner two boat lifts, a very common allocation to
waterfront lots in this area.
Please let me know if you need any further clarification on the purpose and need.
Sincerely,
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office page
On Thu, Jun 1, 2023 at 2:40 PM Currey, Gregory E CIV USARMY CESAD (USA)
<Gregory.E.Currey(@usace.army.mil> wrote:
But there is nothing currently on this property right? So this docking facility won't be serving
anyone currently? I'm going to need a lot more to establish "Purpose and Need". At the very
least a proposal to build something (residences or business) that would use this facility.
Greg
From: Finch, Greg <gregory.finch(@davey.com>
Sent: Thursday, June 1, 2023 9:21 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey(@usace.army.mil>
Cc: Dortch, William <william.dortchPdavey.com>
Subject: [URL Verdict: Neutral][Non-DoD Source] Re: FW: SAW 2023-00939 J. Steele Aviation,
LLC Docking Facility epa comments
G reg,
The property is 4 acres in size above the MHW line and is zoned R15, therefore, pending other
state and local requirements, it could potentially be subdivided into 11 15,000 square foot lots.
Consequently, a 9-slip docking facility wouldn't even provide water access to all of the potential
lots. Given the premier location, size of the property and potential future use, a 9-slip docking
facility is completely reasonable.
Per 15A NCAC 02B .0225, in order to protect ORW in certain water bodies, DWR limits the

number of proposed boat slips to fewer than 10 slips and the applicant is meeting that
standard. Boat lifts are located where the boat bows will be in -2.5' to -3' of water at MLW and
-5' MLW where the boat sterns and engines will be located, well above the -18" to -2' MLW
typically required by marine fishers in primary nursery areas. In order to address potential
shading impacts, the pier is limited to a 6' width, elevated at least 3' above the substrate over
coastal wetlands, and will be wooden slatted or equivalent to meet the standards of 15A NCAC
07H .0208.
Let me know if there are any additional comments to address and we would be happy to
discuss. Thank you,
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office page
On Thu, Jun 1, 2023 at 8:15 AM Dortch, William <william.dortch(@davey.com> wrote:
William A. Dortch I Associate Consultant
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington NC 28403
P: 910.452.0001 ext. 1921 1 M : 910.471.5012 1 F: 910.452.0020
Visit our local office page
---------- Forwarded message ---------
From: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Curre)[e-mail]>
Date: Wed, May 31, 2023 at 12:20 PM
Subject: FW: SAW 2023-00939 J. Steele Aviation, LLC Docking Facility epa comments
To: Dortch, Andy <wiIlia m.dortchna davey.com>
Hi Andy. Can you address these comments from EPA?
Greg
From: Bowers, Todd <bowers.todd(@epa.gov>
Sent: Wednesday, May 31, 2023 11:59 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey(@usace.army.mil>
Subject: [Non-DoD Source] RE: SAW 2023-00939 J. Steele Aviation, LLC Docking Facility epa
comments

Greg,
The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the
subject CAMA GP 291 Major Permit request under DA Action ID SAW-2023-00939
dated May 31, 2023 (email). It is our understanding that the applicant, J. Steele
Aviation, LLC, proposes to install a private docking facility to accommodate nine
vessels, located at 5009 Masonboro Loop Road, adjacent to Masonboro Sound in New
Hanover County, North Carolina.
Specifically per the project description, the applicant proposes to install a private
docking facility to accommodate up to nine (9) vessels. According to the application
package, a 664' long by 6' wide fixed pier would extend from the north side of the
upland portion of the property towards the AIWW. The fixed pier would extend east
towards Masonboro Sound and terminate at a 128' long by 6' wide L-head that would
extend south, parallel with the AIWW. Extending east from the northern extent of the L-
head would be a 20' long by 8' wide floating dock. Four fixed finger piers measuring
30' long by 6' wide would extend east along the L-head. Eight (8) 12.5' long 12.5'
would be located adjacent to the fixed finger piers. A covered gazebo measuring 20'
wide by 20' long would be located just landward of the northwest corner of the L-head.
The proposed facility would accommodate up to nine (9) vessels within water depths
ranging from greater than 2' to approximately 5' MLW per the provided hydrographic
survey. No upland development has been proposed as part of this application.
Manmade structures on the property consist of an uninhabited single-family residence.
The property transitions from upland vegetation to §404 and coastal wetlands
consisting of
Black Needlerush (Juncus roemerianus), Spike Grass (Distichlis spicata), and Salt
Meadow Grass (Spartina patens). The coastal wetlands then transition to a large span
of primarily Smooth Cord grass (Spartina alterniflora) before reaching the unvegetated
waters of Masonboro Sound. The property is bordered to the north and south by single
family residences. New Hanover County Land Use Plan classifies the area as
Conservation. The waters in this location are classified as SA;ORW by the Division of
Water Resources. The area IS designated as a Primary Nursery Area (PNA) by the
Division of Marine Fisheries and is CLOSED to the harvest of shellfish.
The proposed private docking facility would shade approximately 3,264 sq. ft. of
coastal wetlands and incorporate approximately 3,752 sq. ft. of Public Trust Area
and Estuarine Waters. The structures would not encroach into either 15' riparian
corridor setback of the adjacent riparian properties. As proposed, the docking facility
would not encroach into the USA CE AIWW 80'setback. The proposed structures
would meet the'/a width of the waterbody.
The proposed docking facility would extend approximately 135' into Masonboro Sound,
a waterbody which measures approximately 612' across in the area of the proposal.
At this time, the EPA has a few comments or concerns with the project as presented.
First, the project purpose and need is not clear. The property consists of an uninhabited
single family residence with no plans to expand upland construction. Why does the
landowner/applicant need a 9-slip dock for such a small and uninhabited residence?
Other existing and less environmentally damaging alternatives for providing boat
access to the landowner should be considered rather than defaulting to constructing a

large pier, gazebo and dock to accommodate so many watercraft. Second, the aquatic
resources in this area are deemed as Outstanding Resource Waters and Primary Nursery
Area and any impact, including over 3,000 square feet of shading, to those resources,
should be carefully considered in order to minimize any effect that may reduce the
function and quality of the coastal wetland habitat. It has also been noted that the
adjacent property owners (Steiner and Davis) have formally objected to the proposed
project and that those objections were not included with the information forwarded to
EPA for review. I would like to see those objections and their contact information to
determine if they have merit.
Thank you for the opportunity to provide oversight and review on DA Action ID SAW-
2023-00939 to install a private docking facility to accommodate nine vessels, located at
5009 Masonboro Loop Road, adjacent to Masonboro Sound in New Hanover County,
North Carolina.
Best Regards,
Todd Bowers
Todd Allen Bowers
US EPA Region 4 Wetlands and Stream Regulatory Section
Water Division Quality Assurance Coordinator
61 Forsyth St. SW
Atlanta, GA 30303
919.523.2637 cell/telework
404.562.9225 office
Bowers.todd&eTgov
"Do unto those downstream as you would have those upstream do unto you."
Wendell Berry
From: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey(@usace.army.mil>
Sent: Wednesday, May 31, 2023 10:48 AM
To: kathryn_matthews(cDfws.gov; Leigh_ MannCcDfws.gov; pace.wilber
<Pace.Wilber(@noaa.gov>; Pete_ Benjamin(@fws.gov; Horton, James Todd CIV USARMY
CESAW (USA) <James.T.Horton(@usace.army.mil>; Arnette, Justin R CIV USARMY CESAW
(USA) <Justin.R.Arnette(@usace.arm)z.mil>; Environmental. Review(@ncdcr.gov; Bowers, Todd

<bowers.todd(@epa.gov>; Paul.J.Bertram(@uscg.mil, Ward.B.PoseyPuscg.mil; fritz.rohde
<Fritz.rohde(cDnoaa.gov>; matthew.k.creelman2(cDuscg.mil; twyla.cheatwood
<Twyla.Cheatwood(@noaa.gov>; John <iohn_ellis(@fws.gov>; Holley Snider
<holley.snider(@ncdenr.gov>; MacPherson, Tara <tara.macpherson(@ncdenr.gov>; Howell,
Jonathan <ionathan.howell(@ncdenr.gov>; Luck, Cameron A <Cameron.LuckPncdenr.gov>;
ma ria.dunn(@ncwildlife.org; bryan.hall(@ncdenr.gov; Doody, Ryan P CIV USCG IDS (USA
<Ryan.P.Doody2(@uscg.mil>; Quinlan, Timothy CIV SAW <Timothy.Quinlan(@usace.army.mil>
Subject: SAW 2023-00939 J. Steele Aviation, LLC Docking Facility
All,
Pursuant to the CAMA-Corps Programmatic Permit process for Regional General
Permit 291 (RGP-291), the North Carolina Division of Coastal Management (NC
DCM) has forwarded to our office a copy of the CAMA permit application, Field
Investigation Report and BioReport for the subject project. The attached notice
requests federal agency comments on this project by July 1, 2023.
The docking facility will be located in Waters adjacent to the AIWW at 5009
Masonboro Loop Road, New Hanover County, North Carolina.
The applicant proposes to install a private docking facility to accommodate up to nine
(9) vessels. A 664 feet long by 6 feet wide fixed pier would extend from the north side
of the upland portion of the property towards the AIWW. The fixed pier would extend
east towards Masonboro Sound and terminate at a 128 feet long by 6 feet wide L-head
that would extend south, parallel with the AIWW. Extending east from the northern
extent of the L-head would be a 20 feet long by 8 feet wide floating dock. Four fixed
finger piers measuring 30 feet long by 6 feet wide would extend east along the L-head.
Eight (8) 12.5 feet long by 12.5 feet wide boatlifts would be located adjacent to the
fixed finger piers. A covered gazebo measuring 20 feet wide by 20 feet long would be
located just landward of the northwest corner of the L-head. (See Sheet 3 of 4).
The proposed facility would accommodate up to nine (9) vessels within water depths
ranging from greater than 2 feet to approximately 5 feet MLW per the provided
hydrographic survey. No upland development has been proposed as part of this
application. The proposed private docking facility would cover and shade
approximately 3,264 square feet of coastal wetlands and approximately 3,752 square
feet of Estuarine Waters of the US. The docking facility would not encroach into the
USACE AIWW 80 feet setback.

Please see the attached application request, plans and drawings dated October 18, 2022
and March 17, 2023 and a location map for more detailed information concerning the
proposed project.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may affect, but is not likely to adversely
affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic
Fishery Management Councils or the National Marine Fisheries Service.
The Waters of the AIWW are designated SA;ORW by the Division of Water
Resources. These waters ARE designated as PNA by the NC Division of Marine
Fisheries and are conditionally approved closed to shellfishing.
ESA:
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined that the project may affect but is not
likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines
would be required as a condition of the Corps permit.
NHPA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966,
Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for
Implementing Appendix C, the District Engineer consulted district files and records
and the latest published version of the National Register of Historic Places, the Corps
has preliminarily determined that the proposed project will have no effect on cultural
resources and requests concurrence from the State Historic Preservation Office.
Please contact me if you have any questions. Please provide comments as soon as you
can or by July 1, 2023.
Thanks,
Greg

Greg Currey
Regulatory Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707