20060913 Ver 1_Other Agency Comments_20060725

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
July 20, 2006 OL. ~ F
Regulatory Division
Action ID No. SAW-2006-32986-010
Sunset Station, LLC
Attn: John Lomax
Kress Building
212 South Elm Street
Greensboro, North Carolina 27401
Dear Mr. Lomax:

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On May 30, 2006, this Office received a request from your consultant, Trigon Engineering
Consultants, Inc., for verification to utilize Nationwide Permit 39 for the discharge of fill
material into 0.006 acre of wetlands and 299 linear feet of an unnamed tributary to the Atlantic
Intracoastal Waterway, to facilitate the development of the proposed Shoreline at Sunset Beach
condominium community. This proposed project area is located along the eastside of Sunset
Boulevard, south of Station Trail, in Sunset Beach, Brunswick County, North Carolina.
Upon review of your application, this Office has determined that your application is
incomplete and we cannot process your request until we received the following information:
The project does not qualify for verification under Nationwide Permit 39, which
does not authorize discharges of dredged or fill material into waters of the U.S.
within the mapped 100-year floodplain, below headwaters. According to the
FEMA Special Flood Hazard Area information, published by the North Carolina
Floodplain Mapping Program, North Carolina Division of Emergency
Management and made available through the Brunswick County GIS Department,
approximately one half of your proposed impact area is located within the 100-
yearfloodplain. If your project remains as proposed, you will have to submit for
Department of Army authorization through the Individual Permit process.
2. During my March 29, 2006 site visit with Christian Preziosi of Land Management
Group, Inc. (contracted to perform the jurisdictional delineation), I had
determined that the Corps jurisdiction extended to the ordinary high water mark
of the perennial stream channel and impoundment of that channel. No wetlands
were determined to be on-site; therefore, the proposed wetland impacts listed in
the Pre-Construction Notification (PCN) application are incorrect. "Wetland
Impact" Sites 1 and 2, as itemized in the PCN should actually be open water

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impacts and Sites 3, 4, and 5 do not need authorization, as these are non-
jurisdictional features.
3. You must demonstrate that your proposed project is the least environmentally
damaging practicable alternative. Please provide additional documentation that
you have avoided and minimized your project's impact to the maximum extent
practicable. This documentation should include alternative site designs with
economic analyses.
4. Your project may be located within the jurisdiction of the North Carolina Division
of Coastal Management (DCM), which may affect your permitting process with
the Corps of Engineers. Please contact DCM at 910-796-7215.
5. The signature on the PCN was illegible and we are unsure if this is the signature
of the agent or applicant. If the agent has signature authority, the application must
include a signed and dated copy of an Agent Authorization letter. Please address.
Please submit the above information within 30 days of receipt of this letter or we will
consider your application withdrawn and close the file.
If you have any questions regarding these matters, please contact me at [phone].
Sincerely,
Jennifer S. Frye, Regulatory Specialist
Wilmington Regulatory Field Office
Copy Furnished:
Christopher W. Hay
Trigon Engineering Consultants, Inc.
313 Gallimore Dairy Road
Greensboro, North Carolina 27409
Jim Gregson
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Noelle Lutheran
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wi mington, North Carolina 28405
yndi Karoly
Division of Water Quality
N.C. Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650