20042019 Ver 4_Inspection_20111010

CA -a'o IC? V4
Beverly Eaves Perdue
Governor
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NCDENR
Division of Water Quality
Coleen H. Sullins
Director
October 10, 2011
CERTIFIED MAIL # 7010 1870 0003 4774 7365
RETURN RECEIPT REQUESTED
Mr. David Levinson
Anderson Creek Partners, LP
125 Whispering Pines Drive
Spring Lake, NC 28390
Subject: Anderson Creek South
Harnett County
Dear Mr. Levinson:

Dee Freeman
Secretary
On September 6, 2011, Chad Turlington from the Fayetteville Regional Office (FRO) of the Division of Water Quality
(DWQ) conducted a site inspection at the Anderson Creek South project off of Ray Road near Spring Lake in Harnett
County, North Carolina. This inspection was conducted after notification from the U.S. Army Corps of Engineers that
there had been impacts to an unnamed tributary to South Prong Anderson Creek and adjacent wetlands. The Corps was
notified of these impacts from a public comment provided in response to the Public Notice for your application for your
404 permit. The inspection was performed to determine the status of compliance with state wetland standards. During the
site visit, the investigator made observations of wetland impacts including the reconstruction of a dam on a historic pond
that appears to have been breached since 2003 and the re-impounding of the pond. The area is shown as R6 on Wetland
Impact Map 3 that was provided as part of your application for the 401 Water Quality Certification for the Anderson
Creek South project (WQ0003866).
A DWQ file review confirms that impacts to the wetlands occurred prior to the submission of a Pre-Construction
Notification or any authorization, permit or 401 Water Quality Certification from the Division of Water Quality. A Pre-
Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H
.0500. WQ0003866 was issued to Anderson Creek on August 17, 2011 authorizing 9.53 acres of wetland impact and
2300 linear feet of stream impact. However, the impacts associated with the reconstruction and re-impoundment of this
pond were not included in the application for WQ0003866. The Corps has determined that this impact is not eligible to
utilize Nationwide Permit 3, so this impact would have had to be included on your application for the Individual Permit
from the Corps and your Water Quality Certification from the Division of Water Quality. When the Corps requires a
permit for an activity, a 401 Water Quality Certification must be obtained before work commences on the activity.
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr,org/web/wq
An Equal Opportunity'. Affirmative Action Employer
One
NorthCarolina
;Vatmallty

Anderson Creek South
October 10, 2011
Page 2
Wetland impacts not authorized by a 401 Certification from the Division of Water Quality corresponding to the placement
of fill material for the reconstruction of the earthen dam and the re-impoundment within the wetland represent a violation
of North Carolina wetland standard Title 15A NCAC 02B .0231 (b), which states:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse
impacts on existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in
wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
Stream impacts associated with the reconstruction of the earthen dam and the re-impoundment of the pond not authorized
by a 401 Certification represent a violation of North Carolina stream standard Title 15A NCAC 02B .0211 (2), which
states:
(2) Waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife,
secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a
short-term or long-term basis shall be considered to be violating a water quality standard.
These impacts to the stream and wetlands must either be permitted or restored. If you wish for these impacts to remain,
you must submit an application for a 401 Water Quality Certification to the Division of Water Quality for the impacts. If
you do not intend to obtain a 401 Water Quality Certification, or are unable to obtain the Certification, the impacts must
be restored.
Thank you for your attention to this matter. Should you have any questions regarding these matters, please
contact Chad Turlington or myself at [phone] or Ian McMillan at [phone].
Sincerely,
Belinda Henson
Regional Supervisor
Surface Water Protection Section
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity', Affirmative Action Employer
NorthCarolina
Natura!!tf

Anderson Creek South
October 10, 2011
Page 3
cc: Karen Higgins -Webscape Unit
Crystal Amschler - US Army Corps of Engineers
Jennifer Frye - US Army Corps of Engineers
Chris Huysman - Wetland and Natural Resource Consultants, Inc.
DWQ - FRO
DLR - FRO
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 One
Internet: http:/Iportal.ncdenrorg/web/wq NorthCarolina
An Equal Opportunity', Affirmative Action Employer Naturallff