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HomeMy WebLinkAbout20150998 Ver 1_Other Agency Correspondence_20160121Burdette, Jennifer a From: Higgins, Karen Sent: Thursday, January 21, 2016 1:06 PM To: Burdette, Jennifer a Subject: FW: Isolated Wetland Determination for SAW -2015-02044 fyi E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Bowers, Todd [mailto:bowers.todd@epa.gov] Sent: Thursday, January 21, 2016 11:57 AM To: Policarpo, John N SAW <John. N.Policarpo@usace.army.mil> Cc: Hardman, Lisa D SAW<Lisa.D.Hard man@usace.army. miI>; Higgins, Karen <karen.higgins@ncdenr.gov>; Able, Tony <Able.Tony@epa.gov> Subject: RE: Isolated Wetland Determination for SAW -2015-02044 John, File Description: Isolated JD for Agency Review: Wilmington Field Office; SAW -2015-02044 I have reviewed the Jurisdictional Determination associated with the subject DA Permit #s and the six isolated wetlands totaling 6.57 acres. I concur with the delineation made on site dated October 30, 2015. Please alert the applicant and their consultant that three of the wetlands (C, E and D) meet the individual threshold as well as the project threshold of 1 acre per the recently ratified HB 765 (Section 4.18) that amends 15A NCAC 02H.1305. This threshold applies to basin wetland types (or bogs) within the coastal plain determined by the applicant's performance of the North Carolina Wetland Assessment Method. The applicant will need to confirm with the NC DWR that a Section 401 Certification will be needed to impact 6.57 acres of isolated wetlands within the project boundary and that compensatory mitigation ratios of 1:1 will be needed to replace those impacts. The replacement amount of isolated wetlands assumes that the entire project boundary will be utilized for landfill purposes to store CCRs and thus completely destroy the isolated wetlands within. I recommend that the applicant begin the process of purchasing up to 6.57 units of wetland mitigation credit from a local mitigation bank within the Lower Cape Fear River (03030005) service area or the NC Division of Mitigation Services. Thank you for the opportunity to provide feedback on the subject JD. Best Regards, Todd Bowers Todd Allen Bowers Wetlands Regulatory Project Manager - NC Region 4 Water Protection Division US Environmental Protection Agency 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 office 404.562.9343 fax bowers.todd@epa.gov www.epa.gov/region4/water/wetlands "A thing is right if it tends to preserve the beauty, integrity and stability of the biotic community; it is wrong when it tends otherwise." Aldo Leopold, "The Land Ethic," A Sand County Almanac -----Original Message ----- From: Policarpo, John N SAW [mai lto:John. N.Policarpo@usace.army. mi1] Sent: Wednesday, January 20, 2016 4:12 PM To: Bowers, Todd <bowers.todd@epa.gov> Cc: Hardman, Lisa D SAW <Lisa.D.Hardman@usace.army.mil> Subject: Isolated Wetland Determination for SAW -2015-02044 Hi Todd, Please find attached a wetland delineation survey for a 150 -acre section of Duke Energy's Sutton Power Plant, located in Wilmington, North Carolina. The project site is bounded by Sutton Lake Road and Lake Sutton to the west, sand ridge and excavated ponds to the east, and undeveloped, forested land to the north and south. The site is predominantly upland sand ridge surrounded by power plant operations. The applicant has identified six isolated wetlands within the attached project area. The Corps verified the wetland delineation conducted by Geosyntec Consultants on October 30, 2015, along with the consultant and applicant. The six wetland areas range in size from 0.027 -acres to 2.96 -acres as depicted on the attached survey. The site visit verified that the six wetland areas are truly isolated with no inflow or outfall to any jurisdictional waters of the US. In addition, the project area does not fall within the floodplain of the adjacent (to the west) Cape Fear River or its tributaries. The Corps has made the determination that these six wetland areas are isolated and non jurisdictional. I have attached a delineation map, wetland survey, and Rapanos form. Please respond to my request seeking concurrence with my decision. Thanks John John N Policarpo US Army Corps of Engineers Wilmington District 910-251-4487