20040337 Ver 4_Other Agency Correspondence_20180205

Strickland, Bev
From: Dail, Jason
Sent: Monday, February 05, 2018 3:06 PM
To: Hair, Sarah E CIV CESAW CESAD (US)
Cc: Coats, Heather; Mairs, Robb L; Weychert, Curtis R; [e-mail];
Todd Skeen
Subject: RE: [External] FW: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA
(UNCLASSIFIED)
Attachments: watersedge2.5.18.pdf
Good afternoon Mrs. Hair and others:
Please find attached a copy of the revised site plan(s) for Waters Edge HOA, modified and dated 2.5.18. The attached
site plans (2 sheets) depict the location of the proposed floating docks and lift, and show them a distance no closer than
100' from the near shore edge of the federally maintained channel. In addition, the dredge footprint has be shifted
slightly landward, but still remains within the proposed 74'x 158' dredge footprint.
If this does not fulfill your request for review, or if you have any additional questions, please feel free to call.
Thank you and take care!
Jason
Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: [phone], Fax: [phone] Jason. [e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hai [e-mail]1]
Sent: Thursday, February 01, 2018 9:50 AM
To: Dail, Jason <[e-mail]>
Cc: Coats, Heather <[e-mail]>; Mairs, Robb L <[e-mail]>; Weychert, Curtis R
<curt.weychert@ ncdenr.gov>
Subject: [External] FW: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED)
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail].

Jason/Heather,
Please see comments from Navigation below. Please have the applicant resolve the issue with the plans as requested
and begin the process for a Consent to Cross.
We cannot authorize this project until these items are resolved.
Thanks,
Liz
-----Original Message -----
From: Arnette, Justin R CIV USARMY CESAW (US)
Sent: Thursday, February 1, 2018 7:44 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Liz,
Unfortunately navigation has to object to the plans and the DA 228 Access issue. The plan attached to your email (and
subset attached here) indicate that they plan to move the docks back 10 feet. This would still put them in the setback by
10 feet. The setback in this area is 100 from the channel not 90. Due to the plans not having the setback line drawn on
them and the lack of details showing where the piling are located we have to assume that the current plans still have
new construction within the setback.
As for the disposal area, I do not see how they plan to get to the area outside of the easement unless they are planning
on clearing and creating a new road to the area. As you can see in the image attached image and KMZ the existing road
is within the easement and unless they plan to build their own road the will need a consent to cross to use what is
currently there. If you have any questions please just let me know. Thanks.
justin
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Wednesday, January 31, 2018 4:14 PM
To: Arnette, Justin R CIV USARMY CESAW (US) <[e-mail]>
Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED)
Justin,
Attached are the revised plans per Navigations comments. Also, they have included a statement indicating that they will
not be crossing into the Corps Easement in order to get to the disposal area. Will this statement suffice?
Thanks,
Liz
-----Original Message -----
From: Arnette, Justin R CIV USARMY CESAW (US)
Sent: Wednesday, January 24, 2018 10:17 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED
Yes but they will only need a consent to cross (a type of consent that allows an entity to cross our easement to access
land outside of the easement. To obtain this type of consent they will need to send us a letter outlining the project and
a request to cross and a map showing where they plan to access the easement and where they plan to place the
material. We like for this map to show the Right of Way line so we can be assured they are outside the easement.
Thanks.
justin
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Wednesday, January 24, 2018 10:11 AM
To: Arnette, Justin R CIV USARMY CESAW (US) <[e-mail]>
Cc: HORTON, J TODD CIV USARMY CESAW (US)<[e-mail]>; Owens, Jennifer L CIV USARMY
CESAW (US) <[e-mail]>
Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED)
Justin,
After further review of the application, it appears that the applicant is proposing to dispose the dredged material at DA
228, but outside of the Corps easement on the Northeast New Hanover Conservancy Disposal Area. Do they still need a
Consent Agreement?
Thanks,
Liz
-----Original Message -----
From: Arnette, Justin R CIV USARMY CESAW (US)
Sent: Tuesday, January 23, 2018 1:29 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Cc: HORTON, J TODD CIV USARMY CESAW (US)<[e-mail]>; Owens, Jennifer L CIV USARMY
CESAW (US) <[e-mail]>
Subject: RE: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
The plans for this project show lots of new pilings within the setback area. It does appear that most of the docks are
floating but the piles to anchor them would be considered an encroachment. Navigation objects to the added
encroachment into the setback. The piles can be place along the setback but we will not authorize any piles within the
setback.
If they plan to utilize a Federal Disposal Area they will need a consent agreement and could take anywhere from 9
months to a year to get, assuming that the project is approved to use the facility. Thanks.
Justin
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Tuesday, January 23, 2018 11:49 AM

To: Huggett, Doug <[e-mail]>; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; John <[e-mail]>; Owens, Jennifer L
CIV USARMY CESAW (US) <[e-mail]>; scott.d.mcaloon <[e-mail]>; Arnette,
Justin R CIV USARMY CESAW (US) <[e-mail]>; environmental. [e-mail];
Eunice.A.James <[e-mail]>; Fritz Rohde - NOAA Federal <[e-mail]>; Mairs, Robb L
<[e-mail]>; 'Dail, Jason' <[e-mail]>; Coats, Heather <[e-mail]>;
HORTON, J TODD CIV USARMY CESAW (US) <[e-mail]>
Cc: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: CAMA Major/GP 291/revised SAW-2003-00506/Waters Edge HOA
M
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report
for the subject project. The attached notice requests federal agency comments on this project by February 22, 2018.
The applicant proposes to conduct new dredging and relocate a portion of an existing private docking facility
located at the southern terminus of Great Oak Drive, adjacent to the AIWW (Topsail Sound) in Hampstead, Pender
County, North Carolina. Coordinates in Decimal Degrees are: 34.3444264 N -77.700639 W.
Previous Corps permits associated with this site include a Nationwide permit 18 (issued in 2003) for construction of the
subdivision development known as Deerfield at Waters Edge which included impacts associated with construction of a
bulkhead and 404 wetland fill for road access. According to the application, the CAMA permit was modified in May 2004
to include the construction of an 18 -slip docking facility and again in December 2004 for additional lot fill. In September
2008, the applicant proposed to perform new dredging in the location of slips 5-9 (northern most portion of the project
area). Based on the presence of and proposed impacts to submerged aquatic vegetation and comments received in
response to the Corps public notice, the applicant withdrew the proposal. Most recently in 2015 and then again in 2017,
the applicant submitted a request to dredge around the existing docks within SAV habitat and impact SAV within the
proposed dredge footprint. The 2015 application was denied by the NCDCM, NC DWR and the Corps of Engineers. In
2017, the applicant submitted a revised request dated January 17, 2017 , after the CRC granted the applicant a variance
to perform the original proposed work, NC DCM permit number 33-17. Since this time, several interagency scoping
meetings with the applicant have been held in order to clearly convey agency concerns related to impacts to SAV,
dredging in SAV habitat, and proximity of the project to the federal channel setback (most recently in October of 2017).
Please see the attached application section for further detail on project history.
The revised project plans propose to relocate the existing dock cluster (slips 5-9) form the north, to join with the existing
dock cluster to the south (existing slips 1-4), and perform new dredging around the docking facility along the AIWW. The
relocated dock would be 110 -ft long X 6 -ft wide, with three 24 -ft long X 6 -ft wide finger piers, and join the southern dock
on the northern end of slips 1-4. The proposal also includes a 74 -foot wide X 158 -foot long X 2.2 -foot deep cut. Existing
water depths within the project area around the docking facilities average around -1.0', relative to normal low water
(NLW). Final proposed water depths around the dock would be approximately -4.0 -ft NLW. Approximately 11,692 square
feet of shallow bottom habitat would be removed within the project area by bucket to barge method, generating
approximately 952 cubic yards of spoil material.
The application indicates that the spoil material is proposed to be disposed of on the US Army Corps of Engineers
disposal Island DA 228. A consent agreement was not provided with the application.
Please see the attached NC DCM field investigation report, application, and plans for more detailed information
concerning the proposed project. Additionally, based on the attached map (kmz file), it appears that a portion of the
existing docking facility is located within the federal channel setback and that the proposed relocated docks would also
encroach into the setback. However, based on the plans submitted with the application, the applicant states that the
relocated docks would be outside of the setback.

EFH
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely affect
EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National
Marine Fisheries Service. This determination is based on the presence of submerged aquatic vegetation (SAV) and the
applicant's proposed removal of the SAV. The waters of the AIWW are designated SA-ORW by the Division of Water
Resources. Waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries and are
OPEN to the taking of shellfish. The presence of SAV's have been verified in this area. As indicated in the CAMA Field
Investigation Report, and based upon historical site information and a site visit in April 2015, SAVs are abundant in the
project area near slips 5-9 and 'spotty' around slips 1-4 of the docking facility. Additional SAV surveys were performed in
2017 in response to the applicant's revised request dated January 17, 2017. It was determined that SAV was not present
in the new proposed project area. Water depths within the proposed dredging area are about 1 -foot, relative to Normal
Low Water.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project
may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be
required as a condition of this proposed action. The project will not affect any other species listed as threatened or
endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the
project area.
N H PA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and
the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and
records and the latest published version of the National Register of Historic Places, the Corps has preliminarily
determined that the proposed project will have no effect on cultural resources and requests concurrence from the State
Historic Preservation Office.
Please contact me if you have any questions. Please provide comments as soon as you can or by February 22, 2018.
Thank you,
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[e-mail]
910-251-4049
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED

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