20052220 Ver 4_USACE Correspondence_20231114

S�G
Southern Unvironniental Group, Inc.
5315 5out6 College }toad, juite E • Wilmington, NC 28+12
phone:[phone]J1 1 • Fax:[phone]
31 March 2023
Via Electronic Mail
US Army Corps of Engineers (USACE)
Wilmington Regulatory Field Office
Attn: Mr. Mickey Sugg
69 Darlington Avenue
Wilmington, NC 28403
Mickey.T.Sugg&usace.army.mil
Re: Response to The Preserve at Tidewater Delray Extension Notice of Violation
SAW-2023-00226 and SAW-2005-00817
Dear Mickey,
With this letter, Southern Environmental Group, Inc. (SEGO, on behalf of Alligator Bay & Associates, LLC, is
responding to your 14 March 2023 notice of violation and cease and desist order, wherein the USACE instructed all
work within wetlands to stop, as well as requested remedial action be taken to stabilize disturbed land adjacent to
the wetland impact area on Delray Court and to restore wetlands that had erroneously been disturbed where a
temporary sediment basin was being constructed. Furthermore, the USACE requested a full set of plans, with detailed
drawings of the unauthorized wetland crossing, as well as any other proposed impacts that are planned for the
remaining phase of the development, and a restoration plan for Restoration Area 1. A copy of the letter has been
included with this letter, for your convenience (see Attachment 1).
Please know the unauthorized impacts resulted from miscommunication within the development team and we
apologize for the oversight. Since the date of Ms. Elks' site inspection (2/9/23), no further work has taken place
within wetlands, and the adjacent disturbed areas have been stabilized. Additionally, rock dissipaters have been
installed outside the wetlands, where the road side swales terminate, to ensure stormwater does not discharge at an
erosive rate. Lastly, the unauthorized, temporary sediment basin area (i.e., Restoration Area 2 - 14,292 SF/0.328 AC)
has been returned to its original grade and contour, encased in silt fence, and will be allowed to revegetate naturally.
Please see Attachment 2 for details of the restoration.
On another note, and not mentioned in your letter, during Ms. Elks' 2/9/23 site visit, she determined that unauthorized
fill was placed in Section 404 wetlands, on Lot 147R (i.e., Restoration Area 1). SEGi estimates that approximately
3,094 SF (0.071 AC) of Section 404 wetlands were filled. The developer proposes to remove the fill from that area,
restore it to its original grade and contour, and apply a wetland seed mix (see Attachment 2 for details). SEGi and
the developer wish to revisit this area, once the violation resolution has been issued and the restoration work has
been completed.
Attached you will find the development's Overall Site Plan (see Attachment 2), which will also serve as the JD map
for the project area. Also included with the plan are the associated detailed drawings for the after the fact impact on
Delray Court (i.e., Impact Area O) and a proposed road crossing into the final phase of the project (i.e., Impact Area
P). On 24 February 2023, Ms. Holley Snider, with the NC Division of Water Resources (DWR) and copied on this
letter, verified the stream origin is downstream of Impact Area O (see Attachment 2), thus the culverts are merely
for conveyance of water, during storm events, not for the purpose of movement of aquatic life. The pipes have been
designed to handle water coming from a large drainage area. In order to reduce the wetland impact area while still
allowing for appropriate drainage, the engineer designed the crossing to contain 4 - 24" pipes, which were buried to

The Preserve at Tidewater Response to USACE NOV 3/30/23
reduce the amount of fill slope. Impact area P does not take on the amount of water Impact Area O does, so only one
pipe was needed. Impact Areas O and P require permanently impacting 1515 SF (0.034 AC) and 1532 SF (0.035
AC) of wetlands respectively and total 0.069 AC.
Cumulatively the project will permanently impact 21,776 SF (0.499 AC) of Section 404 wetlands, which are all
required for road crossings. This calculation reflects those impacts that have been completed and/or were authorized
previously (i.e., A- H, K, L and N), as well as the after the fact impact (i.e., O) and the proposed impact (i.e., P).
Impact Areas I, J and M, were removed from the plan, as they were not needed or the wetland area was changed to
upland and thus the impact is no longer an impact (e.g., Impact Area M). Please see Table 1 below for details of the
impacts.
WETLANDS IMPACT AREAS
IMPACT AREA A - 653 SQ FT
COMPLETED
IMPACT AREA B = 6,556 SQ FT
COMPLETED
IMPACT AREA C - 1,101 SO FT
COMPLETED
IMPACT AREA 0 = 649 50 FT
COMPLETED
IMPACT AREA E - 2,741 SQ FT
COMPLETED
IMPACT AREA F = 1,317 SQ FT
COMPLETED
IMPACT AREA G - 7,163 SO FT
IMPACT AREA H = 2,411 SQ FT
COMPLETED
pEp
NOT NEEDED
IMPACT AREA K = 38 SQ FT
COMPLETED
IMPACT AREA L = 115 SQ FT
COMPLETED
CHANGED TO UPLAND NOT COMPLETED
IMPACT AREA N = 1,985 SO FT
PREVIOUSLVAUTH. NOT COMPLETED
IMPACT AREA 0 - K 15 SQ FT
AFTER THE FACT
IMPACT AREA P = 1,532 SO FT
PROPOSED
TOTAL = 21,776 SO FT (0,4999 AC.)
at
During the planning process, the roads were designed to cross the wetlands as close to perpendicular as possible and
at the narrowest part of the wetlands. Additionally, all phases were designed so that no lots required or will require
impacts to wetlands. To offset the permanent loss of 0.069 AC of Section 404 wetlands associated with Impacts O
and P, the applicant proposes to make payment to the Hoffinan Forest Wetland Mitigation Bank (HFWMB) for 0.068
AC of riparian wetland restoration credit and 0.07 AC or non -riparian wetland restoration credit. A copy of the
HFWMB credit reservation letter will be forwarded to the USACE upon receipt.
In summary and with this letter, the developer is requesting approval of an after the fact permit for 0.034 AC of
Section 404 wetland impact and authorization to impact an additional 0.035 AC of Section 404 wetland, both of
which are necessary to facilitate access to planned lots within the last phases of the development. Additionally, the
developer and SEGi are requesting approval of the proposed mitigation plan, for the after the fact and proposed
wetland impacts, and the proposed restoration plan, for Restoration Areas 1 and 2.
It is our hope the information found within and attached to this correspondence will satisfy the USACE's request for
information, to resolve the NOV. However, should you have questions or concerns, please call me at [phone]
or email me at dlutheranksegi.us. We look forward to hearing from you.
Sincerely,
Dana A. Lutheran
SEGi Regulatory Specialist
Electronic cc: Mr. Christopher Parker —US EPA Parker.Christophe&epa.gov
Ms. Katharine Elks — USACE Wilmington District Office Katharine.B.Elks&usace.army.mil
Ms. Holley Snider — NC DWR Wilmington Regional Office Holley.Sniderkncdenr. og_v
Mr. Rick Dishnica — Alligator Bay & Associates, LLC RickkDishnica.com
Mr. Brian Lambe — NC DEMLR Wilmington Regional Office brian.lambekncdenr. og_v
Ms. Tina Martin — NC DCM Onslow Field Rep. Tina.Martin&ncdenr.gov
2

The Preserve at Tidewater Response to USACE NOV 3/30/23 5F Cl i
Mr. David Syster— SEGi david.s, sy [e-mail]
Mr. Michael Anderson — US DOJ Michael.Anderson7&usdoi.gov
Mr. David Beraka — USDOJ david.berakakusdoj_ oovv
Enclosures: 2

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
\� 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 14, 2023
Regulatory Division
Action ID: SAW-2023-00226
Sent Via Email
Alligator Bay Associates, LLC
c/o Mr. Richard Dishnica
3675 Mt. Diablo Boulevard
Lafayette, CA 94549
Dear Mr. Dishnica:
This correspondence serves to confirm our February 9, 2023, onsite meeting with
your agent, Mr. David Syster of Southern Environmental Group, Inc., and Ms. Katharine
Elks of my staff regarding the presence of Waters of the U.S. (WoUS) and the
unauthorized activity in WoUS on your property within The Preserve at Tidewater
subdivision, Parcel ID: 014234. The property is located off ** road and is adjacent to an
unnamed tributary to Alligator Bay and the Atlantic Intracoastal Waterway, near Sneads
Ferry, in Onslow County, North Carolina. Also, please reference the January 26, 2023
request for an Approved Jurisdictional Determination (AJD) submitted on your behalf by
Mr. Syster, which prompted the original purpose of the February 9th onsite meeting.
During the site visit, Ms. Elks discovered a newly cut road extending from Delray
Court, a cul-de-sac in the existing subdivision, that was constructed in jurisdictional
WoUS. The new road included the installation of a culverted crossing at an intermittent
stream utilizing four (4) twenty-four (24) inch reinforced concrete pipes (RCP). The new
road and land clearing work continued after the culverted crossing to a `T' intersection
where the road extended north and south. Land preparations associated with the
southern road extension included mechanized land clearing in jurisdictional wetlands for
the purpose of a temporary erosion control structure. Based on Ms. Elks' findings, it was
determined that your recent unauthorized activity, the installation of the culverted
crossing and mechanized land clearing, occurred respectively in an estimated 560
square feet (0.013 acre) area and an estimated 16,200 square feet (0.372 acre) area of
jurisdictional Waters of the U.S., including wetlands, subject to our regulatory permitting
authority pursuant to Section 404 of the Clean Water Act. This activity, undertaken in
waters of the United States without the prior approval from this office in the form of a
Department of the Army (DA) permit, constitutes a violation of Section 301 of the Clean
Water Act (33 USC 1311). By copy of this letter, you should cease and desist from any

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further unauthorized regulated activities within waters of the United States, including
wetlands, on the property.
Concerning remedial action for the unauthorized work, you must immediately install
erosion control measures on the high ground side of the jurisdictional wetland area, that
was subjected to mechanized land clearing, to prevent any sediment from eroding into
the wetland area and nearby WoUS. You have the option to seed the disturbed area,
especially if required by the State of North Carolina, or allow it to naturally revegetate.
In regard to the unauthorized road, the crossing may be eligible for our Nationwide
Permit 29. However, currently our office has no design plans for this tract and cannot
confirm the purpose for this specific crossing nor can a determination be made that
additional direct and indirect impacts will not be incurred with this development phase.
You must immediately provide a complete development plan to our office, showing all
lot layouts, roads, and utilities. With this information, please include all previously
authorized impacts as well as impacts constructed to date associated with the initial
development of The Preserve at Tidewater. These authorized impacts, along with
potential impacts in this additional phase, including the subject road crossing, will be
evaluated as a single and complete project under one Nationwide Permit 29, which
contains a 0.5-acre maximum threshold. If it is determined that the subject road
crossing is eligible for our NWP 29, the crossing must be modified to comply with the
following specific general and regional conditions for that authorization.:
As stated in General Condition 2 (Aquatic Life Movements), "...All permanent
and temporary crossings of waterbodies shall be suitably culverted, bridged, or
otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species."
Also as described in Regional Condition 9 (Culvert Placement) of the NWP 29,
"... Culverts shall be designed and installed in such a manner that the original
stream profiles are not altered and allow for aquatic life movement during low
flows. The dimension, pattern, and profile of the stream above and below a pipe
or culvert shall not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction activity. The width,
height, and gradient of a proposed culvert shall be such as to pass the average
historical low flow and spring flow without adversely altering flow velocity. If the
width of the culvert is wider than the stream channel, the culvert shall include
multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of
the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull."
Currently, the culverts of the current crossing alignment do not follow the profile of
the stream which has been modified by widening the stream channel. Additionally, the
pipe elevation above the stream bed is not adequate to sustain movement of aquatic

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life. If you qualify for the NWP 29, it will be necessary for you to provide our office with
a description, including drawings and elevation readings that demonstrate how you will
bring the crossing into compliance with all the terms and conditions of the permit. Also,
please include figures and elevation readings of the existing culvert crossing for
baseline purposes. This information must be submitted to our office within two weeks of
receipt of this letter.
Please be aware that failure to comply with the above remedial action, request for
additional information, and/or to continue with any future unauthorized work of a similar
nature in Section 404 wetlands or waters may be considered a willful and intentional
violation of Federal law and may result in immediate referral of the matter to the U.S.
Attorney and/or to the U.S. Environmental Protection Agency with a recommendation for
appropriate action.
Additionally, please be aware that any impacts on the subject parcel will be
considered cumulative with impacts previously verified in SAW-2005-00817 for the
original subdivision. An Individual Permit application could be required if the impacts
proposed with an after the fact permit in combination with the previously verified impacts
exceed the Nationwide Permit threshold.
Thank you for your time and cooperation in resolving this matter of importance. If
you have any questions, please contact Mrs. Elks at the Wilmington Regulatory Field
Office, 910-251-4567, or email [e-mail].
FOR THE DISTRICT ENGINEER
Mickey Sugg
Chief, Wilmington Regulatory Field Office

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Email Copies Furnished:
Mr. Michael Anderson, U. S. Attorney Eastern District of North Carolina
Mr. Chris Parker, U.S. Environmental Protection Agency, Region 4
Ms. Holley Snider, NC Division of Water Resources
Mr. Brian Lambe, NC Division of Energy, Mineral and Land Resources
Ms. Tina Martin, NC Division of Coastal Management
Mr. David Syster, Southern Environmental Group, Inc.

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