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Home My WebLink About20201996 Ver 2_Public Notice Comments_20240307DocuSign Envelope ID: 7AB4E3D8-B5D4-4B73-8937-98E05F14D99B ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 7, 2024 Corps Action ID# SAW-2024-00143 DWR# 20201996 v2 Pender County Gary Beecher U.S. Army Corps of Engineers Wilmington Regulatory Field Office Delivered via email to: Gary.H.Beecher@usace.army.mil Subject Project: Falls Mist Residential Subdivision Dear Mr. Beecher: On behalf of the NC Division of Water Resources, we respectfully request that you consider the following comments within your review of the 404 Individual Permit request for the above referenced project: 1. The applicant has developed site selection criteria which appears to prematurely favor their preferred alternative. For example, the requirement to be within the Rocky Point area of Pender County. However if the demand for housing is related to proximity to Wilmington, it appears that this siting criteria could be less restrictive. Other site criteria of question are: close proximity to a DOT road, available water connections and zoned residential. With regards to available utilities and zoning, the same provisions could be provided to a proposed alternative site upon selection. These criteria seem to be applied based on the existing features of the proposed project to further justify it as the preferred alternative. 2. The applicant has proposed a purpose and need statement of "provide single family homes, within the Rocky Point Township". The purpose does not indicate a specific number of lots/homes are necessary for success of the project, however the applicant's siting criteria indicates that land to support at least 500 homes are necessary. 3. Appendix A identifies Falls Mist project limits and the Falls Mist Garden project limits. However further documents provided appear to only include the Falls Mist project. Impacts proposed at S2 and W8 appear to be solely for the purpose of access to Falls Mist Garden project area, therefore it appears that all proposed impacts within the Falls Mist Garden should be shown and accounted for in this application. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA 919.707.9000 DocuSign Envelope ID: 7AB4E3D8-B5D4-4B73-8937-98E05F14D99B Corps Action ID# SAW-2024-00143 DWR# 20201996v2 Pender County Page 2of2 4. The application states that reducing the number of lots for Onsite Alternative 3 would underachieve the Applicant's objective. The application states that the purpose for the project is residential development. The reduction of 25 lots from the 563 proposed appears to still meet the purpose and need of the project as stated, and the siting criteria established by the applicant of "at least 500 homes". The Division is unable to complete a review of the project for compliance with 15A NCAC 02H .0506 at this time. The Division has requested additional technical information from the applicant and requests that the USACE also consider the attached letter during the review of the application. Thank you for your considering the Division's comments during your review of this Individual Permit. If you have any questions, please contact Sue Homewood at 336-813-1863 or sue.homewood@deg.nc.gov. Sincerely, ISDocuSigned by: ft p�u, less 98005097D80E4E9_. Stephanie Goss, Supervisor 401 & Buffer Permitting Unit Enclosure: Request for Additional Information Letter Electronic cc: Dana Lutheran, SEGI DWR WiRO DWR 401 & Buffer Permitting Branch file Filename: 20201996v2 Falls Mist SD - Pender - Comments to USACE.docx REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly DocuSign Envelope ID: 7AB4E3D8-B5D4-4B73-8937-98E05F14D99B ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 7, 2024 DWR # 20201996 v2 Pender County Rocky Point Properties LLC Attn: Mr. Mark Maynard Jr 10 S Cardinal Dr Wilmington NC 28403 Delivered via email to: jr@tributecompanies.com Subject: REQUEST FOR ADDITIONAL INFORMATION Falls Mist Residential Development USACE SAW-2024-00143 Dear Mr. Maynard: On February 5, 2024, the Division of Water Resources (Division) received your application requesting a 401 Individual Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Appendix A identifies Falls Mist project limits and the Falls Mist Garden project limits. However further documents provided appear to only include the Falls Mist project. Impacts proposed at S2 and W8 appear to be solely for the purpose of access to Falls Mist Garden project area, therefore all proposed impacts within the Falls Mist Garden should be shown and accounted for in this application. 2. The application states that reducing the number of lots for Onsite Alternative 3 would underachieve the Applicant's objective. The application states that the purpose for the project is residential development. The reduction of 25 lots from the 563 proposed appears to still meet the purpose and need of the project as stated and "underachieving the applicant's objective" is insufficient justification. Please provide further minimization to jurisdictional features on the property or provide a sufficient justification for the impacts noted in Onsite Alternative 3. 3. Plan sheets 2 and 3 both reference stream impacts S1, however, these appear to be different locations. Please clarify or revise the plans accordingly. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA 919.707.9000 DocuSign Envelope ID: 7AB4E3D8-B5D4-4B73-8937-98E05F14D99B Falls Mist Residential Development DWR# 20201996 v2 Request for Additional Information Page 2of2 Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Sue Homewood at 336-813-1863 or Sue. Homewood@deg.nc.gov if you have any questions or concerns. Sincerely, ESDocuSigned by: ft p�G 1 ass 980C5097D80E4E9_. Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: Dana Lutheran, SEGI Inc Gary Beecher, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 20201996v2 Falls Mist SD - Pender - Addinfo.docx REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly