20070816 Ver 2_More Info Received_20090121

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LANDEVCON, LLC
Real Estate Development Consulting Services
1176 Lantana Circle Georgetown, SC
Phone/Facsimile: 843-545-5464
Mobile: [phone]
Email: [e-mail]

January 14, 2009

M&C 4445-0001

Colonel Jefferson M. Ryscavage
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890

RE: Eagle Creek
Response to SAW-2006-41798
Additional Information Request

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- JAN 2 1 2009

Dear Col. Ryscavage,

DE;NR - WSAT'~M~~%~ BAANCH
WETLANDS AND

This letter is in response to your comments dated December 12, 2008 and received December
17, 2008 addressed below.

A. Please provide this office with as-built surveys (cross-sections and plan views) of all
permitted and unauthorized crossings. The drawings you enclosed with your September 24,
2008 submittal indicate that they are preliminary design drawings.
Record Drawings and I or Final Drawings are attached.

B. During our July 24, 2008 site visit with you and your agents from Right Angle Engineering,
this office determined the Utility Crossing #1 and Roadway Crossing #1 impacted 40 and
102 linear feet of stream channel, respectively, Your after-the-fact permit application
indicates that you are only requesting after-the-fact authorization for 52 and 50 linear feet of
permanent impact, respectively. Pleas provide clarification; you must either request
authorization for the total amount of impact or submit a restoration proposal for those
unauthorized impacts you do not need.
Agents present were from McKim & Creed, P.A., not Right Angle Engineering. We
have clarified both the exhibits and revised the permit application to include
permanent impacts.

C. The jurisdictional tributaries at Utility Crossing #1 and Roadway Crossing #1 are perennial
streams. This office bases this determination upon direct field observations as well as a
review of the most recent and available geographical data.
The environmental consultant concluded the streams were perennial and intermittent,
respectively. Refer to their attached, field survey and stream determination forms.

Colonel Jefferson M. Ryscavage
US Army Corps of Engineers
January 14, 2009
Page 2

D, Please explain why you failed to execute recordation of the preservation document and map
with the Brunswick County Register of Deed office, per the Special Condition 2. Further, you
shall provide a date at which you will complete this requirement. Please remember that, per
Special Condition 2, you must submit a copy of the recorded documents to this office within
15 days of recordation.
We had delayed recordation of the Preservation Map pending approval from DWQ
concerning the isolated wetlands. As the isolated wetlands are also proposed for
preservation and a re-hydration plan had been submitted to them for approval.

E. Your September 24,2008 submittal indicated, "a plan will be submitted by ECS" to address
the restoration of 225 linear feet of tributary impacted near lots D12 and D19. To date, this
plan has not been received, Please provide a detailed restoration plan including how you
propose to maintain hydrology to downstream waters since site grading has altered the
hydrologic regime of the area. This plan should also include a detailed narrative, plan view
and cross section drawings of the current and proposed site conditions as well as
performance measures and a monitoring plan to ensure success of the restoration.
These efforts are ongoing. It has been determined that a new field survey is
necessary. A meeting with our new environmental consultant, land Management
Group, is to take place on January 15, 2009, to determine a proper response to this
comment Information will be sent to your office as soon as available.

F . You must provide an explanation of the above-cited violations and how you propose to
prevent further non-compliance,
Explanations are provided above. Further non-compliance will be avoided because a
full time project representative is now on-site with continual communication with the
site contractor.

~Sin:::.e _
mes H. Green, Manager
Eagle Creek Subdivision, LLC

Enclosures:
1 - NWP29 Application (revised December 10, 2008)
1 - EEP Revised Mitigation request
1 - ECS Stream Determination documents
1 each - Drawings EO - E6
1 - COE Certification

Mailing Notation: Delivered

cc: Kim Garvey, USACE Dept of the Army, letter only
Ian McMillian, NCDENR Division of Water Quality Wetlands I RA, letter only
Chad Coburn, NCDENR Division of Water Quality Wetlands Wilmington, letter only
Scott Stover, LandCraft Management, LLC wI enc
File, McKim & Creed, P,A. wI enc