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HomeMy WebLinkAboutsigned 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. -2- 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 (910) 251-4611, 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