20070168 Ver 2_USACE Correspondence_20100624

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
ATTTE ?MON OF: June 22, 2010
Regulatory Division
AID: 2007-200-359
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JUN 2 4 2010
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WETLMNAhD 5T0R' 1 YxATER ARANG1
Mr. Todd Black
Fall Creek Land Company
1340 Westgate Center Drive
Winston-Salem, North Carolina 27103
Dear Mr. Black:
Reference is made to your December 15, 2009 permit application and your recently
submitted response to our April 16, 2010 letter which outlined the comments and concerns
received in response to the Public Notice dated January 12, 2010. The project proposes the
construction of two on-line impoundments for the residential development known as Grandview
Peaks, on Joe Branch Road, near Dysartsville, in McDowell County, North Carolina. The project
as proposed will impact approximately 695 linear feet of stream channel associated with dam
construction and subsequently flood approximately 5,970 linear feet of stream channel for two
lakes with surface areas of approximately 25 acres and 9 acres.
After careful review of the information you have provided regarding your purpose/need and
alternatives analysis, we have determined that your proposal does not comply with the 404 (b)(1)
Guidelines. Specifically, we have concluded that the project's purpose/need does not justify the
construction of two on-line impoundments and the subsequent impacts to aquatic resources on
the site to in order to meet your recreational/amenity needs which can be met through other
upland and off-site alternatives with no impacts to aquatic resources. As our regulations preclude
us from authorizing projects where less damaging, practicable alternatives exist, we have no
choice but to deny your request for Department of the Army authorization. Based on this
determination, you may withdraw your pending application or move forward with the permit
denial process. Please notify us in writing of your intent.
Questions or comments may be addressed to me or Ms. Amanda Jones in the Asheville
Regulatory Field Office at [phone] extension 231.
Sincerely,
Chi
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Scott Jones, S
Office Chief
Asheville Regulatory Field Office
Copy Furnished
Mr. Clement Riddle
C1earWater Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Mr. Ian McMillan
North Carolina Division of Water Quality
401 Oversight & Express Review
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Brian Cole
Asheville Field Office
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Ms. Jennifer Derby
Wetlands & Marine Regulatory Section
U.S. Environmental Protection Agency Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303-8960
Ms. Rebecca Fox
Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
Ms. Shannon Deaton
North Carolina Wildlife Resource Commission
Division of Inland Fisheries
1721 Mail Service Center
Raleigh, North Carolina 27699-1721