20052132 Ver 1_USACE Correspondence_20080829

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IN REPLY REFER TO
Regulatory Division
ORM ID SAW-2004-11800
Mr. Sam Young
The Fund for Sandy Point North Carolina, LLC
723 McMullen Avenue, Unit 305
Edenton, North Carolina 27932
Dear Mr. Young:
?6-C-5), M0WP5 ;
AUG 2 9 2008
DENR - WATER QUALITY
WETLANDS AND STQRMWATER BRANCy,
This correspondence is in reference to the document entitled, Dredging and Spoil Disposal
Area Management Plan (Plan), dated August 5, 2008, submitted in compliance with the
Department of the Army (DA) individual permit issued to the Fund for Sandy Point North
Carolina, LLC, for the Sandy Point Development located on a 930-acre tract of land, off N.C.
Highway 32, adjacent to the north shore of the Albemarle Sound, southeast of Edenton, in
Chowan County, North Carolina. This correspondence also confirms your telephone
conversation with Ms. Tracey Wheeler of my staff on August 28, 2008.
Special Condition 2 of the subject permit states: Within a minimum of sixty (60) days prior to
the commencement of dredging activities, the Permittee shall submit a written dredging and spoil
disposal area management plan describing strategies for implementing, inspecting and
monitoring the dredging activity and spoil disposal areas. This plan must be approved by the
USACE prior to undertaking any dredging activities. During construction of the channels, the
Permittee will implement a full-time, onsite environmental inspector to monitor the discharge of
spoil material. The Perm ittee will also immediately notify the USA CE of any problems and
coordinate the necessary remedial actions. Please be reminded that this permit condition was
developed in response to your application to conduct hydraulic dredging of the access channels
into the Sandy Point development.
Our review of the subject Plan revealed that you now propose to undertake the channel
excavation via clam shell excavator. Hydraulic dredging was the only excavation methodology
presented and evaluated during the application review process and is documented in the permit
drawings. Both the Federal and State's Findings of No Significant Impact were based on the use
of hydraulic dredging for channel excavation. As you recall, avoidance and minimization of
impacts to essential fish habitat (EFH) and submerged aquatic vegetation (SAV) within the
project area was a major part of the permit evaluation and decision making process.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
August 28, 2008
-2-
Clam shell excavation is associated with environmental concerns much different than those
for hydraulic dredging. Clam shell excavation often results in uneven bottom contours, over-
dredging, and spoil deposition and excessive turbidities outside of the excavation area.
Additionally, the spoil generated by this clam shell work will be deposited not onsite, but across
the Albemarle Sound and up the Roanoke River all the way to the Town of Plymouth. This
greatly expands regulatory concerns regarding appropriate spoil deposition, retention and
management. In conclusion, the Corps is very concerned that the clam shell proposal will lead to
adverse impacts that were not evaluated in the original permit, nor provided for within the
permitted compensatory mitigation plan.
Based on the above and the fact that the review agencies were also not provided an
opportunity to comment on clam shell excavation, the proposed Plan would require modification
of the DA permit. As part of the modification process, a public notice would be issued including
a 30 day comment period. Adverse impacts to EFH and SAV are anticipated to be key issues.
Accordingly, the clam shell work is not authorized to commence pending resolution of this
matter.
Thank you for your time and cooperation. 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 our website at
http://regulatory.usacesurvey.com/. If you have any questions, please contact Ms. Tracey
Wheeler of my staff at telephone [phone], extension 24.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
-3-
Ms. Becky Fox
Wetland Regulatory Section
U.S. Environmental Protection Agency
1307 Firefly Road
Whittier, NC 28789
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mrs. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 27889
Mr. Frank Jennings, District Manager
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 United States Highway 17 South
Elizabeth City, North Carolina 27909
-4-
Mr. Kyle Barnes
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Joe Lassiter
Quible and Associates
Post Office Drawer 870
8 Juniper Trail
Kitty Hawk, North Carolina 27949