20070168 Ver 2_USACE Correspondence_20100902

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF: August 3 1, 2010
Regulatory Division
Action ID: SAW-2007-200-359
Di-068
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SEP - 2 2010
DENR -WATER QUALITY
WETLANDS AND STORUWATER BRANCH
Mr. Todd Black
Fall Creek Land Company
1340 Westgate Center Drive
Winston-Salem, North Carolina 27103
Dear Mr. Black:
Reference your application dated December 15, 2009, to construct two on-line
impoundments for the residential development known as Grandview Peaks, on Joe Branch Road,
near the Dysartsville community in McDowell County, North Carolina. As you are aware, we
have expressed our concerns with this project in correspondence dated April 16 2010, and
June 22, 2010, in which we suggested that Fall Creek Land Company consider other, less
damaging alternatives that would satisfy the basic project purpose of providing recreational
amenities for the Grandview Peaks development.
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 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.
Questions or comments may be addressed to Ms. Amanda Jones, Project Manager or
Mr. Scott Jones, Chief, Asheville Regulatory Field Office at [phone].
Sincerely,
An M. c e
olonel, U. S. Army
District Commander
-2-
Copies Furnished:
Mr. Clement Riddle
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
Ms. Rebecca Fox
United States Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
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
Mr. Ian McMillan
North Carolina Division of Water Quality
401 Oversight & Express Review
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Roger Edwards
North Carolina Division of Water Quality
Asheville Regional Office
2090 U. S. Highway 70
Swannanoa, North Carolina 28778
Ms. Shannon Deaton
North Carolina Wildlife Resource Commission
Division of Inland Fisheries
1721 Mail Service Center
Raleigh, North Carolina 27699-1721
-3-
Mr. David McHenry
North Carolina Wildlife Resources Commission
Mountain Region Coordinator
20830 Great Smoky Mountain Expressway
Waynesville, North Carolina 28786