20042019 Ver 5_Approval Letter_20130419

April 19, 2013
Mr. David Levinson and Anderson Creek Partners, LP
125 Whispering Pines Lane
Spring Lake, NC 28390
Natural Resources
John E. Skvarla, III
Secretary
DWQ #04 -2019 v5
Harnett County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions— Modification
Anderson Creek South
USACE Action ID. No. SAW- 2006 -41244
Dear Mr. Levinson:
The 401 Water Quality Certification ( #3452) for Anderson Creek South was issued on November
8, 2011. On April 9, 2013, the Division of Water Quality (Division) received a modification
request from Wetland and Natural Resource Consultants, Inc., dated November 26, 2012 with
maps dated October 24, 2012.
In your modification request, you proposed additional road crossings (R -9, R -10, R -11 and R -12)
and modifications to the road crossings resulting in an overall decrease in impacts. The
following tables include the original authorized impacts and the proposed new impacts:
Stream Impact Table
Impact
ID
Permitted Impact in linear feet (Map
reference in issued 404 permit)
Proposed Redistribution in linear feet
(Map referenced in the 10 -24 -12 request)
R -1
203 (Map 1, Sheet 2 of 7)
28 (Sheet 2)
R -5
65 (Map 2, Sheet 3 of 7)
0 (Sheet 3)
R -6
194 (Map 3, Sheet 4 of 7)
56 (Sheet 4)
R -10
N/A
90 (Sheet 8)
R -11
N/A
67 (Sheet 7)
R -12
N/A
57 (Sheet 9)
Total
462
298
Wetland Ru fie rs, Stan water Co i ',plianrc and Pe r dting (V bscape) Unit One
656 Mlai Service Cent r. Pale gn srtn G o na 5 _i -165u NorthCarohna
t "at0 i �1� iy1. Galr,wy St. Raleigh, No;lh L;a''ioa 27u,4
Phone [phone],Cus(o 21Servic. 1 g '- 6236746 Natmi ll
1 .:' n C"! r -matm It ty "o

Mr. David Levinson and Anderson Creek Partners, LP
DWQ #04 -2019 v5
Page 2 of 3
April 19, 2013
Wetland Impact Table
Impact
ID
Permitted Impact in acres (Map
reference in issued 404 permit)
Proposed Redistribution in acres (Map
referenced in the 10 -24 -12 request)
R -1
0.40 (Sheet 2 of 7)
0.06 (Sheet 2)
R -2
0.10 (Sheet 2 of 7)
0.06 (Sheet 2)
R -4
0.14 (Sheet 3 of 7)
0.03 (Sheet 3)
R -5
0.17 (Sheet 3 of 7)
0.06 (Sheet 3)
R -6
0.16 (Sheet 4 of 7)
0.02 (Sheet 4)
R -7
0.15 (Sheet 5 of 7)
0.09 (Sheet 5)
R -8
0.11 (Sheet 6 of 7)
0.07 (Sheet 6)
R -9
N/A
0.03 (Sheet 7)
R -10
N/A
0.23 (Sheet 8)
R -12
N/A
0.06 (Sheet 9)
Total
1.23
0.71
By copy of this letter, 401 Water Quality Certification #3452 is modified to reflect the revised
impacts listed above.
Also in your modification request you proposed a four phase mitigation plan. By copy of this
letter, Condition #7 of 401 Water Quality Certification #3452 is modified as follows:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEPI.
Mitigation must be provided for the proposed impacts as specified in the tables below.
You are required to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement
since a private mitigation bank is not available and you have not elected to pursue
development of a separate mitigation plan.
We understand that the mitigation requirement will be phased in four phases as
follows:
Mitigation Phase
Impact Areas
Impact Timeline
Payment Due Date
Phase 1
R -1, R -2, R8, R -9, R -11
0 -6 months
May 1, 2013
Phase 2
R -4, R -5, R -6, R -7
8 -24 months
September 1, 2014
Phase 3
R -10, R -12
36 -60 months
September 1, 2017
Phase 4
Lake
24 -60 months
September 1, 2017
Until EEP receives and clears your payment for each phase, no impacts specified in each
respective phase shall occur.

Mr. David Levinson and Anderson Creek Partners, LP
DWQ #04 -2019 v5
Page 3 of 3
April 19, 2013
For accounting purposes, this Authorization Certificate authorizes payment to meet
the following compensatory mitigation requirement:
Type of Impact
Compensatory
River and
Mitigation Required
Sub -basin Number
404 /Wetland
9.01 (acres)
Cape Fear River
Basin/ 03030004
Stream
672 (linear feet)
Cape Fear River
Basin/ 03030004
If you choose to pursue an alternative mitigation plan and purchase wetland and /or
stream credits from a private bank, then you must request a modification (in writing
addressed to DWQ at 1650 MSC, Raleigh, NC 27699 -1650) to this Authorization
Certificate detailing the alternative plan. No impacts specified in this Authorization
Certificate shall occur until DWQ has approved the modification request and payment
has been made to the private mitigation bank or payment has been made to EEP as
described above.
All other conditions in 401 Water Quality Certification #3452 remain unchanged and are in
effect. This completes the review of the Division under section 401 of the Clean Water Act and
15A NCAC 02H .0500. Contact me at karen.higgins u)ncdenr.gov or 919 - 807 -6360 if you have
any questions or concerns.
Sincerely,
" 4
V�
Karen Higgins, Superviso
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Jeff Garnett - EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Crystal Amschler, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Chad Turlington, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
Chris Huysman, WNR, P.O. Box 1492, Sparta, NC 28675
File Copy
Filename: 042019V5AndersonCreekSouth (Harnett)401_IC.docx