20042019 Ver 3_Individual_20101109

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WN;t
Wetlandand Natural Resource
Consultants. Inc.
October 29.2010
Ms. Crystal AtrYSChler
USACF Wilmington Field Office
69 Darlington Avenue
Wilmington, NC 28403 1"10 V 2010
Subject: Individual Permit Application WETLA, DENR- WATER QUALITY
Anderson Creek Development, Harnett County. North Carolina AND ORUWAijE BRANCH
Dear Ms. Amsehler:
Attached is an application to construct a lake within the Anderson Creek Development located in Harnett
County, North Carolina. The proposed lake has a surface area of 40 acres and will support sailing,
5%vimtning and other water based recreational opportunities. The lake will be open to the public in the
same way that all the amenities at Anderson Creek are.
The proposed public access lake is a unique amenity in that it will positively impact public recreational
opportunities in the region and will increase the marketability of Anderson Creek. The multi-use lake and
attendant facilities will provide an array of opportunities for a growing diverse socio-economic region.
The vision is that the lake will became a destination within the greater community.
A licensed engineering firm has generated the dam schematics and road crossing details. The design
parameters are expected to receive approval based on their prior experience with the reviewing agencies.
A final dam design will need to be approved prior to the construction of the embankment.
Mr. Ronnie Smith of your office has approved the wetland delineation depicted on the attached site plan.
This application addresses discussion points raised during numerous meetings regarding the project.
Our request is that you promptly issue the Public Notice for the proposed project so that the applicant can
evaluate comments that are generated by any interested persons. We have included a complete list of
adjacent property owners; there addresses are found on the attached label sheet.
If you have any questions, or if you need digital files containing any of the text included herein, you can
reach me at 336 r 406-0906.
Sincerely, AA
.kris Huvsman
WNR
PO Box 1,492
Sparta, NC 28675

CC List:
Mr. Ian McMillian Ms. Christy Sandy
NC DWQ Wetlands Unit US Representative Bob Ethridge (NC-02)
2321 Crabtree Blvd., Ste 250 225 Hillsborough Street
Raleigh, NC 27604 Raleigh, NC 27603
Mr. Donald Belk Mr. Paul R. Dordal
BRAC Regional Task Force Brigadier General, USAF (ret)
PO Box 70999 BRAC Regional Task Force
Fort Bragg, NC 28307 PO Box 70999
Fort Bragg, NC 28307
Representative David Lewis Representative Jimmy Love
1500 S. Clinton Avenue PO Box 309
Dunn, NC 28334 Sanford, NC 27331
Senator Kay Hagan Governor James Holshouser
310 New Bern Avenue 100 Market Square
Raleigh, NC 27601 PO Box 1227
Pinehurst, NC 28370
Ms. Jenny Hartsock Ms. Phyllis Owens, Director
310 New Bern Avenue Harnett County Economic Development
Raleigh, NC 27601 PO Box 1270
Lillington, NC 27546
Mr. Scott Sauer, County Manager Senator Martin Nesbitt
102 East Front Street 29 N. Market Street
Lillington, NC 27546 Asheville, NC 28801
Mr. John Hutton Mr. Robbie Oldham
Wildlands Engineering Withers and Ravenel
5605 Chapel Hill Blvd. #122 111 MacKenan Drive
Raleigh, NC 27607 Cary, NC 27511
WNR
PO Box 1492
5porta, NC 28675

01? -0%0 iqv3
FOR Cslh'I?tt111r1E11T OF THE ARllllr PERM tter APPROVAL NO. 07104X*3
OM

(33' GFR 326)
?
IEXP1=: 31
Public raportirg burden for this collection of i nformation Is estimated to average f 1 hours per response, iincki ing the time for reviewing rratni ons, saamining
@)d% Mg date sources, gathering and maintaining the deta needed, and compGeting and reviewing the collection of information Send comments regarding this
burden esimate or any other aspect of this ooM"on of inlormrlabom includktg Kgge"ns for redtlcingi tls burden, to Dwepwtrtrtent of DOW$$ Vi+balheoon
Headqua tam, Executive Services and Communications. Direclorme. intorrneaon Management Diviw and to the Office of Manogemetlt and Sxoet,
Paperwork Reduction Project (0710-=3) despond rds should be aware that n ng ariy ohar pm-Asion of law, no person" be subtect to"
penalty for failing to complywlth a colecion of information d it does not displays currorYryvalid OMB oonbal number. Please DO NOT RETURN your form to
either of those addresses. Completed applicsbons mist be subrndteld to ft District Engbw llavmng jurisdiction overtha locsbon of the proposed 8ctmty
Pii1VACY ACT tFrAT84W
Auttvrities: Rivers and Harbors Acct, Section 10.33 USC 409; Clean VM*rAct, Section 4N, 33 USC 1344; Marine Protection, Research, and Sanchw ies
Act, Section 103.33 USC 1413. Regulatory 5rograrm of itre Corps of Engmeers, Final Rule 33 CFR M-332, Principal Purpose: tnrorm pro!vKW on this
form will be used in evaluaftrrq the application fora permit. RouW* Uses: This ktfrxmation maybe Shored with the Department of Justice and other federal,
state. and local government agencies, and It* Public and maybe made available as part of a pubic notice as required by Federal low. S ubmrsswra or
requested infor mation is voluntary, howev or. rf iniormetlon is not provided the permit applieglion cannot be evaluated nor can a parmR be issued One set of
Original ctawin9s or good reorodudble copies which shore the location and character of the proposed a*o ty must be 09ftel to this. 801COon (Gag Semple
draws lips and instuc cns) and be submdtad to the District ErGinear hevin9 turlsdicion over the location of the proposed edivrtyr. An application That is not
completed in ill will be returned.
OMW f THRU4 TO BE RUM BY rW CORPS)
1. APPLICATION NO 2 FIELD OFFICE CODE 3 DATE REC EWW 4. DATE APPLI CATION
rrrEW BELOW TO BE MI" BYAPPUCANT)
5. APPLICANTSN AtwE 8 AUTH=2ED AGENTS NAME AND TITLE (an agent is not mq*eM
R19- to" Middle- Last - L,OrrRtowr First cheophs Wdde - Laa - rru?
C.larrpany - ,oaduwron Crak P*V*m, uP C;orrf&W - YVHind W Nrrwol Raswim Carputiwrts
E4neYAddress - E awl Address- ;C#*slaryeman*meaarw.Consuevatom
8. APPI-r-MT'S ADDRESS 9_ AGENT'S ADDRESS
Address - r 25wrrrepenng Pines salve ? Address • Po tsar 1492 f
Oity - 4Fkq L4k9 s $tets - NC E tip - 28M Country - USA Qy- simm O State - NC ? Zip - n COUnpy - ue,«
7. APPLICANTS PHONE NOs W/AREA COO 10 AGENT'S PHONE Nos. W/AREA CODE
a. Residence b Business c Far a_ Residence b, lkwass c Farr
919111% 2633 336 406 O90t1
STATEMENT OF AUTHORMATJtIM
11 l hereby, authOrtte, Cans riu?vnwr? ad in my taattap as my spent in ttte prooc"rig of this appllceocn and to furnish upon requear.
supplemental nforrrneiion in support of this perm c
d
APPLICA14TS-9 A DATE
NAME, LOCATICIK AND DESCRIPTION OF PROJECT OR ACTMTY
12 PROJECT NAME OR TITLE (wrw iWMdW4*
B
Anderson Creels South o
OG
13 NAME OF WAT rf , IF KNOWN cr sxoit ap 14 PROJECT STREET ADDRESS (t+ A ??
South Prong ,Andevzoi t Crawit, Cause Foar Naar Rosin
Acidness
c'
.
125 W?ftWnq Pines DR
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15. LOCATION OF PROJECT ?
V

Laftdb.'N Wnwm
Longludec 'W hi,
Coil - Spring Laura State - INIC Zip • 28300
16. OTHER LOCATION DESCRIPTIONS, tF IftM on m*utsw*
Slate Tax Parcel ID t aicipaiy
SKWn - Township - Ra ncte -
17. DIRECTIONS TO THE SITE
From Fayeeevt:w Take HOW e7 norm and cum o9m on Rsad Nurserryy Road becor ne O rtrlas Roa4, oorrdnue to Ray Rood. Let an Ray Road and continue so
Anderson Cmk Owe T,
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c" Rnes Drive via die liner Ckrle
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ENO FORM 4345, 819 PT 2009 EDTION OF Wr 2001 IS 083CLETE F"awnt C C-LWOR
18 cloture d Act vlty (oe9trow or wvpv, ine .m rerrono
See attached texts Nature of Activity
10 PrWdPUM09e tbereeewere woum or to srictwr*wwwap
See attached text: Project Purpose
USE BLOCK$ 20-23 IF DRIED AND/0R DILL MRTERIAL IS TO BE DISCHARGED
20. Reason(s) for Dirharpe
See attached text: Reason(s) flor Discharge
21 Type(s) of Material Being Dls&srged and the Amount of Each Type in Orbit Yards
Type Type T1"
Amount in Cubic Yards Amount In Cubic Yards Amount in Qrdc Yards
Ste WxWd log Types M Ma &Ws Snap Dio loarao l
22, Surface Area in Acres of VMands or Other Waters FNed per rssvuv*n*
Jkrss See attached teat: Surfaoo Ares sn Acres itwetands or Other Waters Fired
Or
Liner Feet
23. GesuOon of Avoidance, Wimizt;bon, end CompensaWn pM inouawa
See attached text Description of Avoidance, Minimization and ConVensa bon
24 Is My "an of the Work Alraady Completel Yes E] Na IF YES, t:)EMNS THE COA-1 ?WORK
25 Addresses of AcIcining Property Owners. Lessees. Eic. Whose Prtpsrrty Adjoins the Waterbody Pry pith cue se rnsrrsw hN1, pMtNM arbch • sepo*mm 0a
Adctess- Sae attached text: Addrems ofAtUoining Property Owners
city- State - ZIP-
26. List of Other CerWicatior4 or Approvd Rec*44 from otter Federal, State, or Local Agencies for Work DWrted in This Applio"
AIG&CV TYPE APPROVAL' IDENTIFICATION NLM ER DATE APPLIED GATE APPROVM DATE DENIED
'Would include but is not restricted to zoning, building, and hood pain permits
27 Appicslron is hereby made for a permit or Its to authodze the work described in this apphoetion_ I oertlty MW the rntomrabon in this application Is
co gets end accurate. I Ax#*r corbty then l p Mlle authonity to undertake are work desaibed herein or arm acting as Ow duty authoriz ed agent of the
apptio.
2XrI
IGNATURE APPLI IGNATU E AG OtATE
The application must be signed by the parson who desires to Lndertake the proposed actioty (apptcart) or 4 may be si fined by a duly &Aharized agent It it*
statement in block 11 has been flied out and signed.
18 U.S.C. Sedion 1001 "Ides that! Lhttoawer. in any mamer within the junsrdiection of any d tmark or agency of the tinted States krrawingty and willfully
falsiftes. conceals, or covers up any bldr, scheme, or OVAss a material tract or makes any 118180. fi tiouis or faudulent statements or represarlabons or
makes or uses any false writing or document knowing sane to corsair any false, fictitious or f Lxkilart stelemerds or entry, shall be trod not more irhan
;10.000 or imprfsoneo no more than rive y ms or bath,
ENO FORV 4343 S,tkPT 2M
18. Nature of Activity (Project Description)
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
18. Nature of Activity (Project Description):
The development of Anderson Creek South requires the development of a road network,
sewer outfalls and an amenity to ensure the success of the development. (Figure 1:
Overall Site Plan).
The proposed project area is contained within a parcel of land consisting of
approximately 1,740 acres northeast of Ray Road and Overhills Road in the City of
Spring Hill in Harnett County North Carolina. The project is located at Latitude
35.269811 ° N and Longitude 78.967921 ° W in the Cape Fear River drainage basin. The
project has two phases: Anderson Creek North and Anderson Creek South. Anderson
Creek North was permitted previously under Nationwide Permit 26 (permit nos.
200000910&200000911). Anderson Creek South is the subject of this application.
The Anderson Creek South development is an expansion of the existing 773 acre
Anderson Creek North residential development. The proposed development will include
approximately 909 acres of new single and multi-family residential land use to provide
for approximately 2,887 lots and approximately 59 acres of mixed commercial land use.
Proposed amenities include a tennis center, small recreational parks, and a 40-acre public
access lake to accommodate the establishment of a sailing school and beach areas.
Additionally, approximately 180 acres of conserved corridors will be maintained
throughout.
The proposed road network is necessary to access high ground within the property. The
proposed roadways follow the alignment of existing jeep trails and other roads on the
property. The proposed sewer outfalls follow topographical draws and intersect with
existing municipal outfall facilities.
The applicant proposes to construct a lake within the development to compliment existing
golf, tennis, and passive recreation amenities. The proposed dam would be
approximately 35 feet tall across the South Prong Anderson Creek (Figure 2. Dam
Crossection). The dam will be constructed with compacted structural soils with 3:1 side-
slopes for a total basal width of just over 200 feet. A private road will be constructed on
the embankment. A concrete and steel riser structure will be designed and constructed as
appropriate for the drainage basin and the proposed road. The final design will be
approved by the NC Division of Land Resources under the Dam Safety Act.
19. Project Purpose (Describe the reason or purpose of the project):
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
19. Project Purpose (Describe the reason or purpose of the project):
The purpose of the project is to construct a unique public recreational amenity within
Anderson Creek to increase marketability. The proposed lake will provide alternative
public recreational activities for the region and will increase the marketability of
residential home sites in the vicinity of Spring Lake, North Carolina. The City of Spring
Lake and surrounding region of Harnett and Cumberland County are experiencing
significant population growth as a result of the proximity to Fort Brag Military Base. The
current land use and infrastructure in this area does not provide adequate housing and
public recreational needs for the coming years according to Base Relocation and
Consolidation Regional Task Force.
The Anderson Creek development will ultimately provide 4,154 residential homes in
Harnett County and must provide the commensurate amenity facilities. Anderson Creek
North currently provides public access to its championship 18 hole golf course and club
house, bar and grill, pro-shop, inn, life long learning center (inclusive of daycare and
adult education facilities) and banquet hall. Public access to all of these facilities creates
a sense of community. The proposed public access lake is within the Anderson Creek
South development and will compliment the existing facilities and support the expansion
of new and more diverse facilities to meet the projected need of 20,000 new home and
40,000 new residents in the coming 4 years.
The construction of a 40-acre lake is being proposed to facilitate additional amenities and
provide recreation to the general public, which includes residents of Anderson Creek.
The primary use of the proposed lake will be for sailing activities and will include the
establishment of a sailing instructional school. Further, the lake needs to be of sufficient
size to allow concurrent activities at a guarded public swimming area. An environmental
education facility is proposed in the public access area near the picnic shelters. A pro
tennis club will be open to the public as well as a golf instructional facility. Lessons for
tennis, swimming and sailing will be available to the public.
Instructors from the American Sailing Association (ASA) were consulted in determining
an appropriate lake size that would allow for the feasible use of various size classes of
sailboats. Typical age classes for sailing students that were considered include younger
beginners, ages under 12 years old, and teenagers to adults, ages 12 years old and up.
The approximate 40-acre size is considered to be the minimum lake size to allow for a
controlled sailing course setup, while providing appropriate depth for the larger size class
boats. Smaller coves in the lake design will allow for areas for younger students,
beginners, and smaller size class vessels.
Additional impacts are required for the installation of sewer and road infrastructure
necessary to support the development.
20. Reason(s) for Discharge
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
20. Reason(s) for Discharge:
Development of the size and scope of Anderson Creek legally and practically require
amenities to make them marketable. Amenities are required by planning departments and
improve marketability by providing recreational outlets and improving aesthetics.
Amenities commonly target a specific socio-economic generational group such as those
associated with golfing. A lake, which is the preferred amenity at the Anderson Creek
project will appeal to all ages and classes of people within the community and is
necessary in the successful marketing of the project.
Need for a Public Water Amenity
The economic and recreational benefits of public access lakes, much like those managed
throughout North Carolina by the US Army Corps of Engineers, include opportunities for
water safety education, environmental education, swimming and boating. Nationally,
the Corps boasts that their parks and lakes provide a significant boost to local
communities and to the nation's economy as a whole. Their recreational sites provide a
strong customer base for thousands of on-site and nearby businesses including resorts,
marinas, outfitters, grocery stores, gas stations and hotels. Corps properties also play an
important role in drawing new residents, particularly senior citizens to an area, and can
help build a stronger sense of community identity. Use of lakes also contributes to sales
of recreation equipment such as swimming gear and toys and fishing gear. The
ecological diversity of Corps lakes and parks is amazing. They are home to game and
non-game fisheries and a host of other aquatic species such as turtles and amphibians.
There are no public water access lakes within 30 aerial miles (up to 1.5 hours drive time)
of Anderson Creek and the approximately 500,000 residents of Fort Bragg, Harnett
County and Cumberland County combined. Buffalo Lake, located approximately 4 aerial
miles from the site restricts all access to paying members of the Property Owners
Association and Woodlake boasts being the largest private lake in North Carolina. As
such, there are no opportunities for the residents of the region enjoy sailing or guarded
swimming in safe natural waters. Absent the actions of the developer the general public
will be deprived of regulated, organized, protected and maintained open water recreation.
A sufficiently large public access lake will afford expanded public infrastructure for the
region. The resultant increased marketability of Anderson Creek will make the funding
of the lake feasible and increase the success of the development. Thus, as required by the
law, we believe that we need to only evaluate potential alternative amenities that meet the
need for both alternative public recreational access and increased marketability. Further,
we believe that it is our responsibility to identify the potential adverse impacts associated
with some of the identified alternative amenities and rebut the regulatory stance that lakes
are bad for the environment.
1 of 4
20. Reason(s) for Discharge
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
Well constructed and managed lakes are generally viewed favorably by public interest
groups.
Need for Marketability
Anderson Creek has distinguished itself as a destination community that embraces their
neighboring community. This is no accident. The developer, Mr. David Levinson, has
studied communities, development and marketing for 50 years. Several general
characteristics were considered in choosing a practical site for the proposed Anderson
Creek residential development. These characteristics are summarized below and are
followed by a description of how the selected location conforms to the listed criteria.
The developer identified several general characteristics necessary for the successful
development of Anderson Creek residential development. These characteristics are
summarized below.
1. Size/Geometry. The potential site must be of sufficient area
(frontage/depth) to allow, for the construction of approximately 4, 000 home sites,
required structures, and proposed amenities (golf course and clubhouse, lakes,
parking facilities, tennis center, etc.). It has been determined that land with a
minimum of approximately 1740 acres will be required.for the proposed
development.
The proposed subject site has sufficient area and dimension (frontage/depth) to
support the desired number of housing units and commercial facilities. Likewise,
the geometry allows for the placement of the lake and other amenities in close
proximity to the residential areas.
2. Proximity to Town/Local Landmarks. With the intention of providing
residential homes to Fort Bragg personnel and families, the proposed site should
be close enough to the Military Base to provide convenience for short commutes,
yet still be far enough away to be considered "off base ".
The proposed subject site is located approximately nine miles from Fort Bragg
and the center of the City of Spring Lake along NC Highway 87.
3. Vehicular Access/Prominence. The potential site should be situated with
convenient access to major roadways and intersections in order to provide safe
and efficient vehicular travel for future residents.
The proposed subject site is located in the northeast intersection of Ray Road and
Overhills Road. Additionally, the entire site has approximately 16,000 linear feet
2 of 4
20. Reason(s) for Discharge
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
of road frontage along Lemuel Black Road, Nursery Road, Ray Road and
Overhills Road and will provide safe and efficient access to residents of the
development and those visiting the public amenities.
4. Surrounding Land Use. The use of the potential site as a residential
subdivision must be compatible with the long-term land use plan for the area in
which it is located.
The proposed site is currently zoned for residential use and will be compatible
with the existing surrounding land use which is dominated by undeveloped forest
tracts and single family residential homes.
5. Access to Utilities. The potential site must have access to required
utilities (potable water, sanitary sewer outfall or treatment facilities, electricity,
phone services, etc.).
The Anderson Creek development has in place the requisite access to potable
water via the Harnett County Department of Public Utilities, electricity via South
River Electric Membership Corporation, and phone service via CenturyLink. The
Harnett County Department of Public Utilities provides sanitary sewer services
for the development.
6. Economic Need. The site must be situated in an area of high projected
population growth with evident housing demand that is currently providing
minimal housing options.
The site is located in an area of Harnett County that is experiencing significant
population growth. It is projected that approximately 20,000 new homes will be
needed in this area of the state in coming years and a proposed development of
this size will provide much needed housing to existing and future residents of the
City of Spring Lake and Fort Bragg.
7. Acquisition. The potential site must be available for acquisition and use
without unreasonable hindrances (i.e., unmarketable or uninsurable title,
property not available for purchase, property occupied by economically
productive structures, etc.).
The site was available and was purchased by the applicant, no economically
productive structures previously occupied the site.
8. Economic Feasibility. Satisfaction of the above criteria, as to the
potential site, must be accomplished at a cost that creates an opportunity for
investors to earn a reasonable return on investment.
3 of 4
20. Reason(s) for Discharge
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
The proposed development was determined to be economically feasible and has
demonstrated itself to be.
9. Balance. A perfect compliance with all of the above listed characteristics
may be difficult to achieve in actual site selection and development; therefore, a
reasonable balance of all factors may need to be sought in order to select the
most practicable of all available sites.
Prior to the purchase and construction of the northern portion of the development,
alternative sites were evaluated in order to determine the location that best
complies with existing requirements and considerations. After review of the
alternative sites, the Anderson Creek site was determined to provide maximum
benefits with minimum adverse effects.
4 of 4
21. Types of Materials Being Discharged and Amount of Each in Cubic Yards
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
21. Types of Materials Being Discharged and Amount of Each in Cubic Yards:
All discharged material will be clean structural fill compacted to approved state
specifications. Quantities are approximate amounts discharged below the ordinary
highwater mark.
The approximations use the following assumptions:
Perennial Streams Intermittent Streams
Average stream width 5 feet 3 feet
Average stream depth 0.5 feet 0.3 feet
Roadways
But for the road over the dam embankment, all road infrastructure has been aligned to
cross wetlands and streams at existing piped crossings.
Resource Impact Size Impact Area (s ft) Impact Quantity (c y)
Perennial 268 if 1340 25
Intermittent 194 if 582 6
Wetland 1.18 ac 51400 1903
Sewer
All sewer infrastructure will be trenched and backfilled with excavated material. There
will be no new discharge of fill material.
Lake
No material will be discharged into streams or wetlands within the lake area. The lake
will flood 590 linear feet of perennial streams and 874 linear feet of intermittent streams.
Wetlands flooded by the lake total 9.88 acres.
The dam embankment will impact 374 linear feet of perennial streams and 1.25 acres of
wetlands. The total discharge in cubic yards is approximately 2050.
22. Surface Area in Acres of Wetlands or Other Waters Filled
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
22. Surface Area in Acres of Wetlands or Other Waters Filled:
Roadway Impacts - Wetland Impact Map 2 of 7 through Map 6 of 7
Based on the overall conceptual plan, wetlands delineation, and existing wetland crossings, a
horizontal alignment for the spine road was established. Based on GIS topography, the vertical
alignment was established and adjusted for each storm drainage crossing which were designed
based on the 100-year stonn event. The length of each storm drainage crossing was determined
based on the actual roadway design and proposed fill. Rip rap dissipater pads were also designed
to determine the necessary wetland impacts at each storm drainage crossing.
Wetlands: 1.29 acres
Perennial Stream: 2681f
Intennittent Stream: 1941f
Lake Impacts - Wetland Impact Map 7 of 7
Based on the spine road horizontal and vertical designs, the top of dam elevation was detennined
to be 239.0. The nonnal pool elevation of the lake was then determined to be 234.0 and the
existing surface area at this elevation was calculated to be 31.4 acres. The proposed grading plan
for the lake was then revised to provide a desired surface area of approximately 40 acres instead
of 31 acres. The existing contour elevation of 238.0 was used for the proposed surface area
which provides 40.3 acres.
Wetlands: 9.88 acres
Perennial Stream: 9641f
Intermittent Stream: 874 If
Sanitary Sewer Impacts
A preliminary design was completed for the sanitary sewer for the purpose of determining
approximate wetland impacts. Vertical design was not reviewed other than reviewing the existing
GIS topography. Proposed easement widths of 30' were used to detennine the wetland impacts.
Wetlands: 1.81 acres
Perennial Stream: 280 if
Intermittent Stream: 123 if
Summary
Wetlands: 12.98 acres
Perennial Stream: 1,5121f
Intennittent Stream: 1,191 if
Total Stream: 2,703 if
23. Avoidance, Minimization, and Compensation
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
23. Avoidance, Minimization, and Compensation:
Road Infrastructure
The proposed road infrastructure is aligned to avoid and minimize impacts to streams by
citing the improved crossings at existing impact locations. There is an existing road
network within the project that has been followed in order to minimize impacts.
The developer will follow all of the design criteria required by Nationwide Permit 14 and
its corresponding 401 Water Quality Certification when rebuilding the roads to current
design standards.
Sewer Infrastructure
The proposed sewer infrastructure utilizes 30 foot disturbance corridors to minimize
impacts. Forested wetland impact areas will be reforested but for a 10 foot wide
maintenance corridor. Bareroot saplings will be planted at an 8'x8' spacing and
monitored for 5 years.
The developer will follow all of the design criteria required by Nationwide Permit 12 and
its corresponding 401 Water Quality Certification.
Proposed Amenity
Regardless of whether the lake is permitted or not, the developer will need to provide
additional public amenities. In addition to the preferred alternative, the developer has the
following options: an additional 18 holes of golf, additional upland ponds, and manicured
soccer and baseball fields. Diversified recreation is needed to satisfy the gender,
generational and socio-economic desires of the general public. Currently, the needs for
passive land-based recreation are met with existing parks, recreation fields and public
golf at Anderson Creek, and Carolina Lakes.
Each of the alternative amenities results in adverse impacts to terrestrial and aquatic
ecosystems. The degree that the impacts can be mitigated is related first to the degree of
regulation required to conduct the activity and secondly to the understanding of the
systems to be replaced. For example, the construction of golf courses that do not impact
Waters of the US can occur with a simple erosion control plan. In this scenario
approximately 150 acres of land can be permanently altered since there is no mitigation
required for its approval. However, when a permit is needed to impact Waters of the US
the agencies can require mitigation of off-set anticipated adverse impacts. This
mitigation includes required restoration as well as buffers along proposed shorelines.
1 of 6
23 Avoidance Minimization and Compensation
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
Preferred Alternative - Lake Alternative:
A large public lake is the preferred alternative because it will provide alternative public
recreation to the community while being a unique amenity within the region. The lake
will be of sufficient size to support sailing and guarded swimming. No similar facilities
were identified within 30 and 100 miles, respectively. Water access and views are an
important factor in real estate purchases and a public access lake is expected to positively
impact real estate values in the surrounding 5 mile radius.
Foreseeable impacts to the environment are avoided and minimized through sound
construction practices and the creation of buffers around the lake. Properly constructed
lakes do not necessarily result in increased water temperature or habitat fragmentation.
The proposed lake will have all of the modern outlet design measures to ensure a low-
flow cool water discharge that is aerated. The establishment of vegetated buffers around
the lake will decrease any perception of fragmentation by wildlife.
Ambient Lake Monitoring Program
In March 2008, The US Army Corps of Engineers, Wilmington District, Regulatory
Division, issued guidance titled "Information Regarding the Review and Processing of
Standard Permit Applications for the Construction of On-Line Impoundments". One of
the positions within the documents is that on-line impoundments can have detrimental
effects to aquatic resources. Our review of the existing state program that is the basis for
this position acknowledges significant bias such that "ALMP (Ambient Lake Monitoring
Program) is based on judgmental sampling design, as a result, bias will exist due to
station locations." (NC DENR Ambient Lake Monitoring Program Quality Assurance
Project Plan, December, 2006, P. 17). Fisheries biologist similarly contend that lakes can
provide for expanded biological diversity. Common sense prevails when one considers
that flow regimes can be extended in drought periods. And, finally, on a positive note,
dams can be barriers against the expansion of exotic species. Thus, we are of the
opinion that any regulatory position that all ponds are detrimental to water quality and
aquatic resources is based on subjective science that represents worst case scenarios. We
believe that current technology can be employed to mitigate all practically foreseeable
potential adverse impacts.
Chemical and Physical Parameters within Lakes
Anderson Creek and all of its tributaries are designated as Class C waters by NCDENR.
"The water 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." The proposed lake will be compliant with all of
the above listed "Conditions Related to Best Usage." (NC DENR 15A NCAC 02B .0211
(2)•
2 of 6
23 Avoidance Minimization and Compensation
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
The Corps, in the guidance, specifically identified that impoundments alter water
temperature. The NC Division of Water Quality 401 Wetlands Unit expands the concern
to include dissolved oxygen, pH and chlorophyll. Sampling these parameters has been
discussed in numerous DWQ predictability protocols that have been proposed (i.e. NC
DWQ Predictability Study Protocol for Sampling Reference Impoundments 2/4/08). The
relevant specific numerical standards are found within the regulations cited above and are
summarized below:
• Temperature: not to exceed 89.6 degrees F (15A NCAC 02B.0211(3)0)
• Dissolved Oxygen: not less than a daily average of 5.0 mg/1 with a minimum
instantaneous value of less than 4.0 mg/l: variations are allowed in coves and lake
bottoms if caused by natural condition. (15A NCAC 02B .0211(3)(b)
• Chlorophyl a: Not greater than 40 ug/1 in lakes. (15A NCAC 02B.0211(3)(a)
• pH: shall be normal for the waters in the area, which generally shall range
between 6.0 and 9.0 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions. (15A NCAC 02B .0211(3)(g)
Though the regulations put forth quantifiable numerical standards they allow for
variations resulting from natural conditions. The regulatory basis that lakes are bad for
water quality is founded in the well accepted science relating to eutrophication. In sum,
the sun causes the temperature to rise and this may or may not cause plants to grow
which may or may not affect the dissolved oxygen which may or may not increase or
decrease which could affect the pH. However, we all know that not all lakes succumb to
eutrophication due to natural conditions within the lake or because well thought out
management strategies maintain the "Conditions Related to Best Usage".
The administrative code clearly states: "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." When carefully read, the violation of the numerical water
quality standard (temperature, pH, etc) would need to compromise the use before a
violation is incurred: in other words, the violation would occur only after the water could
no longer be able to support aquatic life (i.e. dead fish are floating on the lake), wildlife,
or be used for recreation (i.e. can't sail a boat due to algae). Next, the regulation state
that deviations from the numerical standards are in violation only if there is a source of
water pollution. So, either the sun is a natural condition and there is no regulated
violation of the numerical standard or the sun is the source of water pollution.
The statement that on-line impoundments cause overall degradation of the physical and
chemical water quality parameters is based on judgmental biased science and there no
regulatory basis for the position. Further, we take the position that many unobstructed
3 of 6
23. Avoidance Minimization, and Compensation
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
natural streams in North Carolina can be found to be non-compliant with state standards
using similarly biased data collection methods.
Wildlife, Aquatic Species and Habitat Fragmentation
We acknowledge that the degree of habitat disruption is relative to the size and placement
of an impoundment within the watershed as well as many other factors that are site
specific. Generally, impoundments located with in the headwaters of stream systems
have less adverse impact to species of game fish and result is less habitat fragmentation.
Larger lakes located on large river systems are more disruptive. The ultimate issues are
micro-environmental versus macro-environmental.
The prevailing site conditions for the proposed lake site are such that there will be
minimal adverse impacts to existing fisheries and aquatic life dispersal corridors. The
proposed impoundment is located at the headwaters of the South Prong Anderson Creek.
The fragmentation of the upstream wetlands and intermittent streams will improve some
of the amphibian habitat as it will reduce some predation by fish. Any expansion of
exotic aquatic species will be controlled by the proposed dam
We project that biodiversity on the project will increase as a result of the construction of
the lake. Currently no game species of fish exist in the streams that are to be impacted.
Further, the maintenance and conservation of approximately 180 acres of the property
acts as a form of mitigation for wildlife impacts.
Golf Alternative
Eighteen additional golf holes and a driving range can be constructed at Anderson Creek.
These potential impacts would require an Individual Permit because of the existing
project impacts. For the most part, fairways would run parallel to and within a few feet
of the existing streams as is typical for courses in rolling terrain. Greens and tees would
be treated with chemicals in accordance with all appropriate regulations but under drains
will take some of these chemicals toward riparian areas.
Habitat fragmentation and increased water temperatures could result from the clearing of
the fairways parallel to and within riparian corridors. Further, there may be isolated cases
of run-off that is higher in nutrients due to the management of the fairways and greens.
The facilities would impact up to 100 acres of riparian areas. The holes would run
parallel to approximately 5,000 linear feet of streams and wetlands.
Should these facilities be constructed they would likely be underutilized. The existing
course and other proximate public courses satisfy the current demand for golfing.
4of6
23. Avoidance Minimization, and Compensation
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
Recreational Field Alternative
Numerous manicured recreational fields can be constructed in the flat riparian areas along
the South Prong Anderson Creek and in floodplains along its perennial streams.
Preliminary studies show that maximum property utilization results from grading fields
within 15-30 feet of regulated streams and wetlands. Like golf facilities, chemical
fertilizers and weed control agents will be necessary for their maintenance. Further,
irrigation water will be needed to maintain the grass fields.
Habitat fragmentation and increased water temperatures will result from the clearing of
the fields within riparian corridors. There may be isolated cases of run-off that is higher
in nutrients due to the management of the fields. The facilities would impact up to 50
acres of riparian areas.
Again, these facilities would likely be underutilized due to the preponderance of like
amenities in the region.
Upland Ponds Alternative
Additional ponds excavated in high ground may compliment existing ponds but they do
not allow for the multiple uses associated with a larger lake. Namely, smaller more
dispersed ponds are not conducive to providing organized swimming under the
supervision of lifeguards. Further, the small lakes are not appropriate for a sailing club.
Small upland ponds would need to be constructed in riparian areas and at the heads of
minor tributaries. The construction of the upland ponds requires more earth moving than
a pond of similar size constructed on a stream. Smaller dispersed ponds are more
difficult to manage and maintain than one centralized pond It is estimated that 10 acres
of upland ponds will result in approximately 30 acres of riparian impacts. The projected
40 acres of open water for the project might result in approximately 120 acres of land
disturbance.
No Build Alternative
An amenity must be constructed to comply with the local zoning requirements. The only
question that remains is what the amenity will be and if it will have impacts. We contend
that the lake is a viable candidate for designation as the least environmentally damaging
practicable alternative.
Alternative Amenity Matrix
The following Alternative Amenity Matrix was created to illustrate that the preferred
alternative is the most practical alternative considering the applicants stated and implied
purposes. The matrix uses simplistic criteria to demonstrate that the stated purpose is
5 of 6
23 Avoidance Minimization and Compensation
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
attainable or not. The amenity with the highest relative score is the preferred alternative.
We believe that the disparity in the scores eliminates all but the large lake as practical
alternatives.
Alternative Amenity Matrix
Large Lake Upland
Ponds More Golf Fields
Expanded Recreation
Sailing 2 0 0 0
Swimming 2 1 0 0
New Facilities 2 1 1 1

Increased Marketability
Unique Amenity 2 1 0 0
Total 8 3 1 1
Scoring: 2 = Fully Attainable 1 = Somewhat Attainable 0 = Not Attainable
Compensation:
The applicant and the project restoration consultant have identified numerous mitigation
opportunities for the project sufficient to replace wetlands and streams at a 1.5:1 ratio
inclusive of all perennial stream impacts. Wildlands, the restoration consultant, has
conducted sufficient analysis to be confident that they can supply mitigation for the
project (Appendix 1. Letter - Wildlands, September 9, 2010).
6 of 6
Figures, Maps, and Appendix
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
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GWHIC SCALE 1"=50' DATE.• 09110110
0 25 50 75 1 Of 1
WITHERS & R"ENEL
ENGINEERS I PLANNERS I SURVEYORS
NacKenan Drive Cary, North Carolina 27511 tel: [phone] www.withersravenel.com License No. C-(
ANDERSON CREEK SOUTH
PROPOSED LAKE DAM CROSS-SECTION
ZINC LAKE HARNM COUNTY NORTH CAROLIP
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BRAC Regional Task Force P.O. Box 70999 - Ft. Bragg, NC 28307 • [phone]
December 3, 2008
Mr. Samuel K. "Ken" Jolly, Chief
Regulatory Division
US Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Re: Anderson Creek South, Harnett County, NC
Dear Mr. Jolly:
The BRAC Regional Task Force is a partnership of local governments and our purpose
is to plan and prepare for the impact on our local communities of mission growth at
Fort Bragg. We expect an additional 25,000 soldiers, DA civilians and on-post
contractors as part of the direct impact of mission growth and a total of more than
40,000 additional people arriving within the next six years. This tremendous growth
is straining our infrastructure and housing requirements, and we are encouraging
developments, such as Anderson Creek South that meet the needs of military related
growth while not encroaching on the installation.
Anderson Creek South would be an exemplar for our region in several ways. First, it
corresponds to our regional development strategy of focusing new growth into
identified core areas. The proposal would add hundreds of homes adjacent to the
existing Anderson Creek neighborhood where infrastructure, schools, and other
public facilities are available. Secondly, it would provide a diversity of housing stock
suitable for military families, with prices starting at $160,000. Thirdly, the proposed
design places an emphasis on the preservation of open space - over 180 acres would
be preserved - and the designers have taken care to avoid wetlands and minimize
stream crossings. This is an approach we would like to see replicated in new
residential developments throughout our region.
The proposed development would also create a central lake as a featured amenity,
which will include a sailing school. We support this concept, as it would add an
attractive recreational option for area residents and the general public.
Anderson Creek South will be an asset to the region and we feel that the value of
adding the lake to this development, which also provides water conservation
measures, should be considered while mitigating the loss of wetlands, and request
that this issue be given a high priority. The BRAC Regional Task Force stands ready
to assist with coordinating the replacement or restoration of compensatory wetlands
elsewhere in the area with land conservation organizations in the region.
Thank you for your consideration.
Sincerely,
1_?X'14ZZ,e
Paul R. Dordal
Brigadier General, USAF (ret)
Executive Director
1 4 a
1
WILDLANDS
?September 9, 2010

Mr. Chris Huysman
Wetland and Natural Resource Consultants
PO Box 1492
Sparta, NC 28675
Subject: 404 Mitigation for the Anderson Creek Development
Dear Mr. Huysman,
Based on our conversation, we are familiar with the proposed lake project within the
Anderson Creek development located in Harnett County. At your request, we have
located and reviewed potential restoration sites to mitigate for the proposed 2,703 linear
feet of stream impacts and 12.87 acres of wetland impacts.
We have identified through a GIS analysis two project sites that have the potential to
generate approximately 3,000 linear feet of Priority l restoration, 8,000 linear feet of
restoration from removal of an existing dam, and 30 acres of wetland restoration. The
sites are all located within the same 8-digit hydrologic unit code as the proposed impacts.
The stream sites are similar in drainage area and valley slope. The dam removal site is
not a IoW head dam but is an impounding type of dam that creates a large pond. The
creeks that are impounded by the dam are first and second order streams similar in size to
those that would be impacted by the project. The wetland restoration site has the same or
closely associated soils types and is anticipated to replace the lost fiinctions and habitats.
At this time, we have not coordinated with the land owner on these specific sites due to
the uncertainty of final mitigation needs for the Anderson Creek project. However,
Wildlands specializes in finding high quality mitigation sites, negotiating with
landowners the rights to record deed restrictions, and designing and constructing
successfiTl projects. As evidence of this, we were recently awarded three `full delivery'
mitigation projects through the NC Ecosystem Enhancement Program. I am fillly
confident that we can supply the highest quality mitigation sites to meet your needs for
the Anderson Creek development.
If you have aq questions, you can reach me at [phone].
Sincerel}1,
Johii utton
Proj It Manager
Wildlands Engineering. Inc. • phone) 919-851-9936 • fax) 919.8? 1.9987 • 5605 Chapel Hill Blvd- h 122 • Raleigh. NC 27607

Adjacent Property Owners
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
Formatted to fit Avery Label 5160
A I . I
DAVID L BECKNER GALLOWAY THOMAS R & WIFE
GALLOWAY RYE A & FARLEY GREGORY R & WIFE
4516 PLANTATION HBR DR APT H 12 935 STONECROSS DRIVE 737 STONE CROSS DRIVE
LITTLE RIVER SPRING LAKE SPRING LAKE
SC NC NC
28390 28390
29566
TOMMY RAY WEST MILLS PAULETTE M ROCHE CHRISTOPHER A & WIFE
909 STONE CROSS DRIVE ROCHE ZITA G &
1060 COUNTRY TIME LN SPRING LAKE 717 STONE CROSS DRIVE
BUNNLEVEL NC SPRING LAKE
NC 28390 NC
28390
28323
FORLINI, ANTHONY & HALE DANNIE L DILLAHUNT LENWOOD C
FORLINI, ANN ANITA & 881 STONE CROSS DRIVE 653 STONE CROSS DRIVE
19529 DIXIE SPRING LAKE SPRING LAKE
CLINTON TUP NC NC
MI 28390 283900000
48035
PERRY ELWOOD E & FREEMAN ANDREW & WIFE LORBATI ALBERT R & WIFE
% ANDERSON CREEK MHP FREEMAN JENIFER L & LORBATI LOUISE A &
307 DEER CREEK LANE 853 STONE CROSS DRIVE 607 STONE CROSS DRIVE
GREENVILLE SPRING LAKE SPRING LAKE
NC NC NC
27834 28390 28390
TYSON JAMES M III & WIFE WURSTER LEE L AKINS DAVID C &
% ANDERSON CREEK MHP 847 STONE CROSS DRIVE BRYANT-AKINS BRUNHILDE W &
307 DEER CREEK LANE SPRING LAKE 587 STONE CROSS DRIVE
GREENVILLE NC SPRING LAKE
NC 28390 NC
27834 28390
MAYNES MARTHA L & HUSBAND MOTLEY LARRY JR & WIFE
HAVENS ANTHONY W & WIFE MAYNES ERIC P & MOTLEY PENNY C &
HAVENS CONNIE M & 837 STONE CROSS DRIVE 445 STONE CROSS DRIVE
1049 STONE E CROSS DRIVE SPRING LAKE SPRING LAKE
SPRING LAKE NC NC
28390 28390
28390
28
SHIPLEY FREDERICK M & WIFE FARROW JANINE STACY
SHIPLEY SANDRA L ORIO-DETTLING TROY ALLEN & 395 STONE CROSS DRIVE
1015 STONE CROSS DRIVE VANDVER-ORIO LISAGAIL & SPRING LAKE
827 STONE CROSS DRIVE NC
SPRING LAKE
NC SPRING LAKE 28390
NC
28390
28390
MANN CHARLES S & WIFE WILLIAMS BEN EDWARD & WIFE SLOAN BRUCE E & WIFE
MANN DIANA & WILLIAMS KAY JUNE & SLOAN RHONDA L &
995 STONE CROSS CREEK DRIVE 817 STONE CROSS DRIVE 371 STONE CROSS DRIVE
SPRING LAKE SPRING LAKE SPRING LAKE
NC NC NC
28390 28390 28390
GRIGGS GUERRY H & WIFE FRAZIER RICHARD L HORNER EDWARD M & WIFE
GRIGGS LINDA M & 777 STONE CROSS DRIVE HORNER KATHY D &
975 STONE CROSS SPRING LAKE 331 STONE CROSS DRIVE
SPRING LAKE NC SPRING LAKE
NC 28390 NC
28390 28390
CONNORS RICHARD R & WIFE GUILLEMETTE PAULINE BAKER RAYMOND E & WIFE
CONNORS KAREN D & 757 STONE CROSS DRIVE BAKER EULA M
955 STONE CROSS DRIVE SPRING LAKE 321 STONECROSS DRIVE
SPRING LAKE NC SPRING LAKE
NC 28390 NC
28390 28390

WHELAN HUGH M STROTHER BILLY R & WIFE ADKINS ALBERT E
271 STONE CROSS DRIVE STROTHER LISA & 4795 RAY ROAD
SPRING LAKE 4364 RAY ROAD SPRING LAKE
NC SPRING LAKE NC
28390 NC 28390
28390
STEWART JOHN & WIFE
RIVERS RODNEY P GRIFFIN CHARLES DAVID & STEWART KITTY &
243 STONE CROSS DRIVE 4394 RAY ROAD BLUESPRINGS PKWY
6652
SPRING LAKE SPRING LAKE MO
SHEIM
NC NC TN
28390 28390 37818
MANVILLE MICHAEL B & FOLEY SAMUEL III &
O'NEAL JENNIFER D & STRICKLAND WILLIAM B & FOLEY DONNA L &
229 STONE CROSS DRIVE 4418 RAY RD 91 COTTONADE CIR
SPRING LAKE SPRING LAKE LLLINGTON
NC NC NC
28390 28390 27546
SUTTON WALTER S & CAMERON WILLIE M & WIFE T/B/E STEWART KITTY THOMAS
SUTTON AMY M 4452 RAY ROAD PO BOX 454
213 STONE CROSS DR SPRING LAKE ROSAMOND
SPRING LAKE NC CA
NC 28390 93560
28390
INGRAM WORTH & WEST GRAHAM WILSON &
GUENOT RONALD WAYNE INGRAM SHERRY & WEST MAGDALENE CLAYTON &
110 TWIN SPRINGS LANE 4490 RAY RD 5113 RAY ROAD
ANGIER SPRING LAKE SPRING LAKE
NC NC NC
27501 28390 28390
ANDERSON CREEK CAPITAL LLC LOVETT LEONARD LEO WEST MAGDALENE CLAYTON & HUSB
1121 P MILITARY CUTOFF RD 353 SANDCLAY ROAD WEST GRAHAM W &
WILMINGTON SPRING LAKE 5113 RAY ROAD
NC NC SPRING LAKE
NC
28405 28390 28390
WELLONS FLORENCE C THOMAS JEFFREY L & WIFE
PO BOX 766 PO BOX 895
SPRING LAKE SPRING LAKE
NC NC
28390 28390
UNITED STATES OF AMERICA
TOLAR MAXIE G JR &
% DEPT OF ARMY, US ARMY CORPS
TOLAR DEBORAH A &
OF ENGINEERS SAVANNAH DIST
4614 RAY ROAD
100 WEST OGLETHORPE STREET
SPRING LAKE
SAVANNAH
NC
GA
28390
31401
EDGE CHRISTINA E GOURD SPRINGS BAPTIST CHURCH
4280 RAY ROAD 4575 RAY ROAD
SPRING LAKE SPRING LAKE
NC NC
28390 28390
CAVNAR MICHAEL &
GRIFFIN PAUL E
CAVNAR PAMELA
&
135 JORDAN TAYLOR RD
4721 RAY ROAD
4721 RA
LINDEN
L
SPRING LAKE

NC
28356
28390