20070128 Ver 2_USACE Correspondence_20100212

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
February 5, 2010
Regulatory Division
Mr. William Perry
Plantation Investors, LLC
Post Office Box 8000
Pinehurst, North Carolina 28374
Dear Mr. Perry:
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We have completed our review of your Department of the Army permit application (Action
ID SAW-2007-0049) to discharge fill material into 0.166 acres of Section 404 jurisdictional
riparian wetlands to facilitate the construction of a roadway to access the eastern portion of the
Mid South Club residential community. The project is located on a 545 acre tract south of
Midland Road (NC Highway 2), in Southern Pines, Moore County, North Carolina.
Please be advised that the U.S. Army Corps of Engineers (Corps) is prepared to take final
action on the application; however, by Federal law we can take no final action until the North
Carolina Division of Water Quality (NCDWQ) issues a Section 401 Water Quality Certification
(WQC). As of the date of this letter, we have no written indication that NCDWQ has issued a
certification for the work.
Once NCDWQ has issued or waived the required authorization, you must provide us with a
copy. Upon receipt, final action on the Department of the Army permit application will be taken
providing there have been no significant changes in the Corps' evaluation policies during that
period or any significant project modifications. Conditions of NCDWQ's WQC will become
conditions to any final Department of the Army permit. Should their action on the required
certification approve a project different from that shown on the current application, a
modification to the application will be required. Please notify us when you submit copies of the
NCDWQ WQC of any such changes. Substantial changes may require a new permit evaluation
process, including issuance of a new public notice.
Please be advised that if NCDWQ denies the required WQC, then the federal permit will be
denied without prejudice. If you should subsequently obtain the NCDWQ WQC, you should
contact this office to determine how to proceed with your permit application.

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You are cautioned that this is not a final action. Commencement of the work prior to
Department of the Army final authorization would constitute a violation of Federal laws and
subject you to further enforcement action. In addition, receipt ofNCDWQ's WQC does not
obviate the requirement for obtaining a final Department of the Army permit prior to
commencing the work.
Any questions concerning the application should be directed to Emily Hughes of the
Wilmington Regulatory Field Office at [phone].
Sincerely,
Copy Furnished:
s. Cyndi Karoly
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
William T. Walker, Chief
Wilmington Regulatory Field Office