signed MOA letter NC Ports Rail Project (002)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 7, 2025
Regulatory Division
Action ID No. SAW-2024-01540
North Carolina State Ports Authority
Attn: Todd Walton
2202 Burnett Blvd.
Wilmington, NC 28401
Dear Mr. Walton:
Please reference your application for the Department of the Army (DA) authorization
to discharge fill material into 4.49 acres of jurisdictional wetlands and 207 linear feet of
stream on your property located west of South Front Street and Burnett Blvd. near
downtown Wilmington, New Hanover County, North Carolina.
On February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing
procedures to determine the type and level of mitigation necessary to comply with Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts
to waters and wetlands through the selection of the least damaging, practicable
alternative; second, taking appropriate and practicable steps to reduce impacts on
waters and wetlands; and finally, compensation for remaining unavoidable impacts to
the extent appropriate and practicable. Pursuant to 40 CFR 230.3(q), "practicable" is
defined as "available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of the overall project". To enable us to process
your application, in compliance with the MOA, we request that you provide the following
additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if
the proposed work is the least environmentally damaging, practicable alternative.
Please furnish information regarding any other alternatives, including upland
alternatives, to the work for which you have applied and provide justification that your
selected plan is the least damaging to water or wetland areas. Specifically, the current
study area contains acres of high ground that should be considered as a reasonable
alternative. Its incumbent that you describe how this area would or would not be
practicable considering the purpose and need of the project.

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b. It is necessary for you to have taken all appropriate and practicable steps to
minimize wetland losses. Please indicate all that you have done, especially regarding
development and modification of plans and proposed construction techniques, to
minimize adverse impacts.
c. The MOA requires that appropriate and practicable mitigation will be required for
all unavoidable adverse impacts remaining after all appropriate and practicable
minimization has been employed. Please indicate your plan to mitigate for the
projected, unavoidable loss of waters or wetlands or provide information as to the
absence of any such appropriate and practicable measures.
The aforementioned, requested information is essential to the expeditious
processing of your application and should be forwarded to us within two (2) weeks of
your receipt of this letter. Also, you should be aware that State and Federal
commenting agencies may recommend design modifications.
If you have questions or comments, please do not hesitate to contact me at
telephone [phone], Wilmington Regulatory Field Office.
Sincerely,
Digitally signed by Brad
Brad Shaver Date:Shaver
Date: 2025.01.08
12:01:21-05'00'
Brad Shaver
Project Manager
Copies Furnished (electronically transmitted):
HDR Eng. Attn: Vickie Miller
NCDEQ-DWR attn: Stephanie Goss
NCDEQ-DWR attn: Michael Meilinger
NCDEQ-DCM attn: Daniel Govoni
USFWS attn: Pete Benjamin
US EPA attn: Todd Bowers