20081730 Ver 1_Emails_20081215

Keith Hills West (UNCLASSIFIED)
Subject: Keith Hills West (UNCLASSIFIED)
From: "Smith, Ronnie D SAW" <[e-mail]>
Date: Mon, 15 Dec 2008 16:16:04 -0500
To: "Ian McMillan" <[e-mail]>, "Ken Averitte" <[e-mail]>
Classification: UNCLASSIFIED
Caveats: NONE
I forgot to cc you guys on the request for more info letter that I just sent to Sean Hein and Penn Wynn Homes.
Below is what I requested from them.
December 15, 2008
AID #: 2008-03170
Mr. Samuel Nemroff
Penn-Wynn Homes NC, Inc.
216 Whispering Pines Drive
Spring Lake, NC 28390
Mr. Nemroff,
On November 25, 2008, we a received a pre-construction notification (PCN) to utilize nationwide permit
(NWP) 29 to discharge fill material into 0.2065 acres of wetlands associated with the construction of a road for a
proposed residential development located off of Keith Hills Road, east of the Cape Fear River, south of U.S.
Highway 421, east of Lillington, Harnett County, North Carolina.
The application is incomplete at this time and we need additional information in order to process this
request. The needed information is as follows:
1. Regional condition 4.4 of NWP 29 states that discharges of dredged or fill material into waters of the US,
including wetlands, within the mapped FEMA 100-year floodplain, below headwaters (i.e. >_ five cfs)
resulting in permanent above-grade fills are not authorized by this NWP. This project does not qualify for
a NWP 29 because the proposed wetland impacts will be located within the 100 year floodplain and
below the headwaters of West Buies Creek. However, the project would comply with NWP 14 and 18 for
linear transportation projects and minor discharges.
2. According to the plans, it appears that the construction corridor along the proposed road will be
approximately 80-90 feet wide. Please justify the need for a corridor of this size or reduce the width of the
proposed corridor in the wetland areas to the width of the ROW, to the minimum width necessary to
construct the roadway or to the minimum width required by local ordinances.
3. Please describe the purpose of impact #4. It appears that the construction limits can be shifted away
from the wetlands to avoid this impact. Please provide revised plans showing that this area will be
avoided or provide justification and a need for the impact.
4. It appears that the 15'x8'x24" rip-rap energy dissipater can be shortened or shifted west to avoid wetland
impacts. Provide justification for the proposed impacts or provide revised plans that show the changes.
5. It appears that the other two rip-rap energy dissipaters can be removed or redesigned to reduce wetland
impacts. Please provide justification and explain the need to place these energy dissipaters in the
wetlands or submit revised plans that show the changes.
6. General condition 20 of the nationwide permits states that compensatory mitigation at a minimum
one-for-one ratio will be required for all wetland losses that exceed 1/10 acre and require pre-construction
notification. Therefore, compensatory mitigation will be required for the proposed impacts. You stated in
your PCN that you proposed to utilize NCEEP or place a conservation easement along the floodplain
areas. Please provide an acceptance letter from the North Carolina Ecosystem Enhancement Program
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Keith Hills West (UNCLASSIFIED)
(NCEEP) stating that they are willing to accept your payment for the proposed impacts. The mitigation
ratio for the proposed impacts will be 2:1 unless you include some other kind of mitigation, like a
conservation easement. If you propose to preserve the wetlands or riparian area, please provide a map
that shows the conservation areas and provide a completed draft copy of the preservation document that
would be recorded with the Register of Deeds. The document should be one of the approved documents
that can be found on our website at the following address:
http://www.saw. usace.army. mil/WETLANDS/Mitigation/preservation. html
7. Please provide routine wetland data forms for the wetland and upland areas. This information is required
if you are seeking an approved jurisdiction determination.
We recommend that you obtain an approved jurisdiction determination and a signed survey for the entire
property. The jurisdiction determination and the signed survey can be relied upon for years and can be a
valuable planning tool. A site visit from our office may be necessary in order to obtain an approved jurisdiction
determination.
We have considered your application incomplete and will take no further action until we receive the
above-requested information. If we do not receive this information within 30 days from the date of this letter, we
will consider your application withdrawn and close the file. If you have any questions regarding this request,
please contact me at 910-251-4829.
Sincerely,
Ronnie Smith
Wilmington Regulatory Field Office
Classification: UNCLASSIFIED
Caveats: NONE
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