20110896 Ver 4_Corps of Engineer Correspondence_20170419

Burdette, Jennifer a
From:
Dooley, Brennan J CIV USARMY CESAD (US) <[e-mail]>
Sent:
Wednesday, April 19, 2017 7:20 AM
To:
Steve Morrison; Laura Stasavich
Cc:
Mairs, Robb L; Burdette, Jennifer a
Subject:
SAW -2016-02339 Pleasant Oaks Plantation - Request for Additional Information
Attachments:
SAW -2016-02385 RAI.pdf
Steve and Laura,
Please find the attached request for additional information. If you have
any questions, please give me a call to discuss.
Regards,
Brennan Dooley
Regulatory Specialist
U.S. Army Corps of Engineers
Wilmington District (SAW)
69 Darlington Avenue
Wilmington, NC 28403
[phone]
"The Wilmington District is committed to providing the highest level of
support to the public. To help us ensure we continue to do so, please
complete the Customer Satisfaction Survey located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Classification: UNCLASSIFIED
Caveats: NONE
1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403
REPLY TO April 19, 2017
ATTENTION OF
Regulatory Division
Wilmington Field Office
SAW -2016-02385
Orton Plantation Holdings, LLC
C/o Peter Talty
371' Floor, 11 Times Square
New York, New York 10036
Dear Mr. Talty:
Reference is made to your Department of the Army permit application to permanently
impact 1.2 acres of waters of the U.S. and temporarily impact 24.2 acres of waters of the U.S. for
the purpose of replacing and repairing water control structures, re-establishing historic rice fields,
and repairing a dike system located at Pleasant Oaks Plantation. The project has been assigned
file number SAW -2016-02385. The decision whether to issue a permit will be based on an
evaluation of the project's compliance with the 404(b)(1) Guidelines and the probable impact
including cumulative impacts of the proposed activity on the public interest. Your file does not
have sufficient information to allow the completion of this evaluation. Therefore, please respond
to the additional requested information below.
1. Alternatives Analysis: Please provide a detailed alternatives analysis in accordance with the
404(b)(1) Guidelines that evaluates both off-site and on-site alternatives. The analysis should
include the following:
a. Describe and justify the geographic boundaries within which other potentially suitable
sites were investigated, and describe the methodology used to identify other potentially suitable
sites.
b. Identify all criteria (e.g. historic properties considerations, avoidance of adverse impacts
to wetlands, location/zoning, etc.) and any weighting factors used to evaluate alternative sites and
project configurations. Criteria selected should include all relevant factors that influence or
constrain the size, location, and other fundamental characteristics of the project, based on the
overall project purpose and need.
c. Evaluate each alternative (off-site alternatives and on-site alternative project
configurations) based on the same set of criteria.
d. Describe minimization measures, to include alternate site plans and other steps which
would reduce impacts to on-site wetlands and other waters. This includes information regarding
alternate site configurations that were considered such as reducing the size of the proposed rice
fields so that more impacts are avoided, reducing berm widths, and/or reconfiguring the location
of the rice fields to areas with less wetlands. Additionally, the proposed management of
hydrology and the crop rotation plan should be addressed to demonstrate that wetland impacts
have been minimized to the maximum extent practicable. The analysis should document that the

wetland area to be impacted is the minimum area required for the project to be practicable and
meet the project purpose.
e. Based on the evaluation of each alternative (both off-site and on-site alternatives) using
the same set of criteria, provide a conclusion explaining which alternatives were found to be
practicable (considering cost, logistics, and existing technology) or not practicable, which
alternatives would meet the overall project purpose and need and which sites would not, and
which alternative would be the least environmentally damaging based on aquatic resource
impacts and other environmental impacts.
2. Compensatory Mitigation: The purchase of 1.2 acres of riverine riparian wetland credit is
currently proposed as compensatory mitigation for permanent wetland impacts. This 1:1 ratio is
based on the altered condition of the wetland to be impacted. Please provide a functional
assessment (NCWAM) of all impacted wetlands to support the proposed compensatory
mitigation plan. Please note that the alternatives analysis must demonstrate that aquatic resource
impacts have been avoided and minimized to the maximum extent practicable before
compensatory mitigation can be considered.
3. Wetland Impact Assessment: The grading work and creation of quarter drains are classified
as "temporary impacts" in the permit application. We are aware that under a previous action for
the Orton Plantation Rice Field Restoration Project, similar impacts were classified and
authorized by the Corps as temporary. However, after our site visit on March 29, 2017 to Orton
Plantation, it is the Corps' understanding that the proposed rice fields will not always be farmed
with rice and that during portions of the year, the fields will not have wetland hydrology. Based
on this site visit, the Corps would not consider these impacts `temporary", but rather permanent
impacts to wetland function. Please provide additional information on the proposed water
management and farming techniques to be used with respect to maintaining wetland hydrology
and function. A comparison of the management proposed for this site with the management of
the project conducted by the applicant at Orton Plantation should be provided. Please note that
compensatory mitigation may be required for the permanent loss of wetland function in these
areas, even if the loss of function is periodic based on crop rotations/water management. In
determining the need for compensatory mitigation, the Corps will consider the difference
between the aquatic resource functions of the wetlands in their current condition (long hydro -
period wetland with limited reoccurring disturbance) and the aquatic resource functions of the
site post -construction, when being managed for agricultural production of various crops.
4. A water quality certification is required for the project pursuant to Section 401(a)(1) of the
Clean Water Act. A copy of the State's water quality certification should be sent to the Corps
after it has been obtained.
5. National Historic Preservation Act (NHPA) Compliance: The Corps has initiated
coordination with the State Historic Preservation Officer through the public notice process for
any impacts that may have the potential to cause effects to any historic properties listed on,
determined to be eligible for listing on, or potentially eligible for listing on the National Register
of Historic Places. Additional information may be required to complete the NHPA consultation
process.
2

As the application is considered incomplete for evaluation, no action will be taken on it
until the requested information has been received. We request you provide this information
within 30 days of the date of this letter. If no response is received by then, we will assume you
have no further interest in obtaining a Department of the Army permit and the application will be
deactivated.
You are cautioned that work performed below the mean high waterline or ordinary high
waterline in waters of the United States, or the discharge of dredged or fill material into adjacent
wetlands without a Department of the Army permit could subject you to enforcement action.
Receipt of a State permit does not obviate the requirement for obtaining a Department of the
Army permit for the proposed work prior to commencing work.
Thank you for your cooperation with the Corps Regulatory Program. Should you have any
questions regarding this request for additional information, please contact me at the letterhead
address, by phone at 910-742-2150, or by electronic mail at brennan.j.dooleyLusace.army.mil.
Sincerely,
Digitally signed by
DOOL EY. L.! 1\ E N N A N DOOLEY.BRENNAN.JOHN.1512992613
�+ DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
JOHN.1512992613 cn=DOOLEY.BRENNAN.JOHN.1512992613
Date: 2017.04.19 07:17:04 -04'00'
Brennan Dooley
Regulatory Specialist
Copies Furnished:
Steve Morrison (Land Management Group) via email
Laura Stasavich (Land Management Group) via email
Robb Mairs (NCDWR) via email
Jennifer Burdette (NCDWR) via email