20042019 Ver 3_More Info Received_20101223

Issue Date: 12/23/2010
Comment Deadline: 1/21/2011
Corps Action ID #: SAW-2006-41244
The Wilmington District, Corps of Engineers (Corps) has received an application from
Anderson Creek Partners, LP seeking Department of the Army authorization to impact
1,512 linear feet of perennial stream, 1,191 linear feet of intermittent stream channel and
12.98 acres of wetlands associated with the construction of the Anderson Creek South
development and associated infrastructure and amenities in Harnett County, North
Carolina. The proposed impacts are in addition to impacts associated with previous
authorizations for the development of Phase I of the Anderson Creek Subdivision
(Anderson Creek North), issued on March 24, 2000 authorizing permanent impacts
to 2.93 acres of wetlands and for utility line construction for the Phase II Anderson
Creek Subdivision (Anderson Creek South) issued on August 25, 2008 authorizing
temporary impacts to 2.007 acres of wetlands and 160 linear feet of stream channel.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.army.mil/wetlands ??f-')
Applicant: Anderson Creek Partners, LP L?F
Attn: Mr. David Levinson
125 Pines Drive U4U
Spring L ke,1North Carolina 28390 ? ' WATER 1y; 7Y
O&OWCM
AGENT : Wetland and Natural Resource Consultants, Inc,
Attn: Mr. Christopher Huysman
Post Office Box 1492
Sparta, North Carolina 28675
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act.
Location
The Anderson Creek Subdivision is adjacent to South Prong Anderson Creek and is
located on the east side of Ray Road and Nursery Road, north of Overhills Road, south of
Lemuel Black Road, west of Country Time Lane, and to the north of Spring Lake,
Harnett County, North Carolina (N 35.28363, W -78.97333).
Existing Site Conditions
According to the Soil Survey of Harnett County, the site is underlain with Bibb loam,
Blaney loamy sand, Candor Sand, Gilead loamy sand, Goldsboro loamy sand, Lakeland
sand, Rains sandy loam, Roanoke loam, Vaucluse loamy sand and Wedhadkee loam
soils. The soil survey describes Bibb loam and Wedhadkee loam soils as being
frequently flooded, Bibb loam, Wedhhadkee loam, Rains sandy loam and Roanoke loam
as being poorly drained, while the remainder of the soils are described as being
moderately well-drained to excessively well-drained.
The site is forested land that has been used for timber production in the past and is
transected by logging roads that were constructed approximately 50 years ago. The
typical vegetation found in the wetlands on the property include red maple (Acer
Ruburm), tag alder (Alnus serrulata), Giant Cane (Arundinaria gigiantea), Sweet
pepperbush (Clethra alnifolia), Titi (Cyrilla racemiflora), inkberry (Ilex coriacea),
gallberry (Ilex glabra), sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron
tulipifera), fetterbush (Lyonia lucida), Sweetbay (Magnolia virginiana), wax myrtle
(Morella cerifera), blackum (Nyssa sylvatica), cinnamon fern (Osmunda cinnamomea),
royal fern (Osmunda regalis), loblolly pine (Pinus taeda), blueberry (Vaccinium
formosum) and netted chainfern (Woodwardia areolata).
Upland areas contained red maple (Acer Ruburm), wiregrass (Aristida stricta), Giant
Cane (Arundinaria gigiantea), pignut hickory (Carya glabra), mockernut hickory (Carya
tomentosa), Sweet pepperbush (Clethra alnifolia), flowering dogwood (Cornus florida),
Titi (Cyrilla racemiflora), persimmon (Diospyros virginiana), dwarf huckleberry
(Gaylussacia frondosa), gallberry (Ilex glabra), american holly (Ilex opaca), juncus
(Juncus effuses), sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron
tulipifera), Sweetbay (Magnolia virginiana), cinnamon fern (Osmunda cinnamomea),
sourwood (Oxydendrum arboreum), loblolly pine (Pinus taeda), chirstmas fern
(Polystichum acrostichoides), bracken fern (Pteridium aquilinum), white oak (Quercus
alba), turkey oak (Quercus laevis), blackjack oak (Quercus marilandica), post oak
(Quercus stellata), black willow (Salix nigra), sassafras (Sassafras albidum), horse sugar
(Symplocos tinctoria) and blueberry (Vaccinium formosum).
Applicant's Stated Purpose
The purpose of the project is to construct a unique public recreational amenity within
Anderson Creek to increase marketability.
Project Description
The proposed development of Anderson Creek South involves the development of
approximately 909 acres of land for the construction of single and multi-family
structures, approximately 59 acres of land for mixed commercial use and associated
infrastructure and the construction of amenities to include a tennis center, small
recreation parks and a 40-acre public access lake. The proposed roadways would follow
the alignment of the existing logging roads and other roads on the property in order to
minimize impacts. The proposed lot count for the Anderson Creek South development is
2,887 lots and for the entire Anderson Creek development, including both Anderson
Creek North and Anderson Creek South is 4,154 lots. The proposed Anderson Creek
South development would impact 1,512 linear feet of perennial stream, 1,191 linear feet
of intermittent stream channel and 12.98 acres of wetlands. In order to compensate for
the loss of streams and wetlands, the applicant proposes to replace wetlands and streams
at a 1.5:1 ratio via one of numerous mitigation opportunities identified by Wildlands, the
applicant's restoration consultant.
The attached document titled "23. Avoidance, Minimization, and Compensation,
Anderson Creek Club Proposed Lake, Spring Lake, Harnett county, NC" was provided
by the applicant and further discusses the applicants views and considerations regarding
project alternatives, potential impacts and mitigation.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision until
the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of
the application and this public notice combined with appropriate application fee at the
North Carolina Division of Water Quality central office in Raleigh will constitute initial
receipt of an application for a 401 Water Quality Certification. A waiver will be deemed
to occur if the NCDWQ fails to act on this request for certification within sixty days of
the date of the receipt of this notice in the NCDWQ Central Office. Additional
information regarding the Clean Water Act certification may be reviewed at the NCDWQ
Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
January 14, 2011.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by
the Corps of Engineers, Wilmington District, until 5pm, January 21, 2011. Comments
should be submitted to Ms. Crystal Amschler at the Wilmington Regulatory Field Office,
69 Darlington Ave, Wilmington, North Carolina 28403.
I
-_ W__
Wetland and Natural Resource
Consultants, Inc.
October 2 8, 2010
Ms. Crystal Anischier RECEIVED
USACE Wilmington Field Office NOV 2 2?1?
69 Darlington Avenue
Wilmington, NC 28103 REG. WILM. FLD. OFC.
Subject: Individual Perntit Application.
Anderson Creek Development, Harnett County, North Carolina
Dear 14*ts. Amschler
Attached is an application to construct a lake within the Andersen Creel; Development located in Harnett
County, North Caroling?, The proposed lake has a surface area of 40 acres and will support sailing,
swimmiing 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 take 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 lako&ill become 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.
'rhis application addresses discussion points raised during numerous meetings regarding the projw.
our r"uest is that you promptly issue the Public Notice for the proposed project so than the applicant can
evaluate comments that are generated 6y any it terestaT persons.- 'e have included a complete list o _
adjacent property o%vners; there addresses are found on the attached label sheet.
If you have any questions. or if you fted di-ital files containing any of the text included herein, you can
reach meat 336 /406-0906.
Sincerely,
hris Huysman
WNW.
PO aox 1492
5pcrto, NC 28675
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CC List:
Mr. Ian McMillian
NC DWQ Wetlands Unit
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604.
Mr. Donald Belk
BRAC Regional Task Force
PO Box 70999
Fort Bragg, NC 28307
Ms. Christy Sandy
US Representative Bob Ethridge (NC-02)
225 Hillsborough Street
Raleigh, NC 27603
Mr. Paul R. Dordal
Brigadier General, USAF (ret)
BRAC Regional Task Force
PO Box 70999
Fort Bragg, NC 28307
Representative David Lewis Representative Jinuny 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
102 East Front Street
Lillington, NC 27546
Mr. John Hutton
Wildlands Engineering
5605 Chapel Hill Blvd. #122
Raleigh, NC 27607
Senator Martin Nesbitt
29 N. Market Street
Asheville, NC 28801
Mr. Robbie Oldham
Withers and Ravenel
111 MacKenan Drive
---- -Cary, NC 27511 ---
WNR
PO Box 1492
5parto, NC 28675
I
APPUCAMO" FOR t3EtaARTI WJff OF THE ARMY PERMT OMB APPROVAL NO.0710.OM
(33 CFR 326) EkPIR 1 Auntat 201
Punic reportirsg burden far Ws collodion of:niornsat'on is estimated to average 11 hours per response, indudng ttla timo Wreviennng inalrW ons, saarchng
exi sting data sources, gathering and rnaintarning the data needed. and oomplating and reviewing the collection of inlarmadon Send comments regarding ttas
bLi'den estimate, or any *w aspect of this (*]! Lion of information. induft suggasbons ror wltx1in9 this burden, to Depariment of Wens Vfthr om
Headquarters, EUt Wtire Services and Cormnunications Direcfiorale, Indormalon Management E*Asion and to the 0111ce of Management and Budget,
Paperwork Reduction Pripod (0710-0003) Respondents should be aware that notyt hstanding any o1wr prlwision of law, no person shall be su4od W any
penalty br fisi&V taooomplywlth a colleclion of inbrmabon it A does nct displaya currently valid OMB cortrof number. Please 04 NOT RETURN yeur form to
either of those sddnssses. Completed awlic3t,ons must be submrEed to the Dletnct Engineer hawng juris*don over the location of the proposed activity
PRVACY ACT t)TATt 9ilENT
Aah4rities Rh s and Harbors Att. Section 10.33 USC 403; Clean WeIerAcI Section 404, 33 USC 1344; Marine Pmtecdon, Rmarch
and Sanctuaries
,
Act. Section 103, 33 USC 1413; Regulatory?rograrrrs of the Corps of Engineers; F1ra1 Rt1e 33 (;FR 320-332_ Pwcipai Purpose: nlorrnatlon provided on the
loan will be used &valt,aing the appication for a permit. Routine Uses: This infmnabon may De shad mlr the Nparament of JuWce and other federal
,
state. and lord 90wornmery agencies, and II,* public and may be made available as part of a public notice as required by Fedenaf low, Submission or
requested iMormaliion is vol rstary, however, if nWmAlon is not provided lhapermii application cannot be evaluated nor can a pormR be issued One set of
original cl? rw oroood reprodx ble copies which show the location and dlarader of lha proposed ar#ivtty rinLal W attached to the atpplic0on (see sample
drawings and sisfir oticim) and be submiled to lie District Engineer having jurisdiction over the location of the proposed activity. An rlpoliCaflon that 5 not
completed in *9 will be rsrt sned.
OTEM t THRU 4 TO Of FUM BY ME CORPS)
I. APPLICATICN NO 2 AELD Qt-ME CODE 3 DATE RECEIVED 4. DATE APPLICATION COMPLETE
(ITEM BELOW TOOK d D BYAPAXANT)
5. APPLICANT'SNAME. 8 AUTHOWED AGENT'S NAME AND TITLE Ian agent is not re pkod)
Fret - D aHa MidQii - Last - Levinson First cmksi p w "doe - Las - rM.er+
Carpeny- aoearwacreokPsroMrt,tP -M CmVany- MAiNneandNelrralRewaaConaaarrs
E-mail Addrion- Email Address -
C I.MiA'sAar?'wvnanGConsuuar,?,ce+n 0
5. APPLICANT'S ADDRESS 9_ AGES rS ADDRESS
AdrreSS ' 125 WhMpeengPines 0rW Ad*M - P4 aor 1492
¦
city - tip" Law o State - tic m tip - 28380 COu"Irf - usA City- sp sit 0 State - tic 0 Zip - Mrs Country - us+?
7. APPLICANTS PhiONE NOs VWARF.A GAF: 10. AGENTS PROW NOs. WYAREA CODE
a. Residence b Bi5M1ew c Fat _ a. Residence b Bus«irie" c Fa
919 814 2533 336 406 0906 -
-STATEMENT OF AUTHORIZATION
11 1 tlerety atomorme, p-Hwy-- an in my benad as my agent in the processing of this appilca w n and w turnah upon tow to.
supplemexal okyrr men in support of Miis pertly{ CaGO

4'C 1 U -2V--j d
-
Aph
I A DATE
NAW LOCAMOKAM DESCRIPTION OF PROJECT OR ACTMTY
.
12 PROXCT NAW OR TITLE (we kwrytoond
Anderson Creek South
13 NAME OF WATE3180M, IF KNOWN ct opotawl 14 PROJECT STREET ADCRESS ti aawitoe,+r}
South Prong Anderson Crook. Cape Feu Riwr Basin
Address
15 LOCATION OF PRO,ECT 125 Whispering Pines DR
Latitude: 'N 35 ties I
Longitu(e: 9N rs3wm QtV' Spring Lake State - KC Zip' 26360
16. OTHER LOCATION DESCMMONS. IF 10K)WN (sea e+arnxoen>q
State Tax Parcel ID htniclpaity
SecWn - Townsnip - Range -
17. CtRECTI419S T07HE SITE
rival F=rVM*-4 a Tska WI W 07 norin aria wm n4N on WrU-rv ft cd Nursery (toad Dtcotre Ove till Road, cormnue ro Ray Rvad. Lot on Ray Road aria Continue to
Andatscn Greek 0me T..m ngm and ;.)ntnie to VvN *enng Pines Orrrt via ft Wwr C rde. The Grub House is on Me 4A at 125 YM1isp re:Q Fines QnW
ENO FORM 4345, SEPT 2009 COITION or OCT Me is 085CUATE Proponent CECWQR
T
18 N2[ure d Jkt vlty Roaalpson or wul.q. Ipc .? aO h?qurr9
See attached text; Nature of Activity
10 Pro ad Purpow Wourae pm reeseo ar mooer of to p opect lot POW band
See attached text: Project Purpose
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS To BE DISCHARGED
2a Reason(s) for axnsrfle
See attached text: Reason(s) for Discharge
21 Type(s) of Materef Bing Uisc!hwVd and trw Amount of Each Typo in Orbit Yards
Amount it CLbnc Yards Airioum in Oubc Yards Amount 0 Qp c Yards
SteatlackedI** TtpeeMMaw UsBeige Ois Nn W
22. Surf ac# Aria in Acras of Wellands or Other Waters Fitted foot m%amo
Acre. See attached text: Surface Area to Acres itwedands or 00*r Webers Filed
Or
Liner Feat
M. >Dascr0on of A void ce. A4hate0m. dsldCornpm8etion feet inouaarw
See attached text; Description of Avoidance, Minimization and Compensation
24 is Any Ports m of the Work Already ConVetao Yes ]D No IF YES. 0E9MaE Ti£ COMPLETED WORK
25 Address& of Acloinbg Property O+rners. Lesson. Etc, Wfiose Property Adjoins IhoWaterbooy prow man r ¦n ere eeisew nere, pMep nMeen a r*piem ftW UM
Address - See ot%dwd teat: Addremsea olAdjolning Propwty Ownwi
ay- State - Zip -
26. List of Other Cerfi<ka6on s or Awovei#DaMils Received Prom other Fadersi, gate. or Local Agencies for Work Dwioed in The ApOicsion
AGENCY TYPE APMVAL• IDENTIFICATION LAMER DATE APPLIED DATE AFMVEE) DATE [IENIED
Would include but is not restricted to zoning, building, and flood pain parrms
27 Application tc hereby made for a oarmil orpermits to Mhortto the work described in Wis epphcation. 1 cWt)lythat the ribmltitlon in this application is
complete and accurate, f Uther cert+ty that t p s Ube authority to undertake the work dasmt*d heroin or am among as the duty auth"od agent or tft
aflpticant.
IGNATURE AP'PLICA, TE IGNtATU kEO AG HATE
RIB application must be signed by the person who desires to undertaks the proposed achwty (appkilill) or ii may be signed by a duly authorized agent If the
state-nant in block 11 has been Iliad out and signed.
18 U.S.C. Section 1001 provion that' Whoever, in any manner witNn the iiaisdiOan of any department or agency of the Urd44 States 16-00mngby and willfully
tatsdtos, eonobals, or covers U0 any matt, scheme, or disgusts a material loci or makes any false, hdtiots or fraud Aw t statements or rapresentabon5 or
makes or uses any false writing or dccumert kr woing G"e to oorteo arty false, Wimrs or ImuduWt stalamenis or entry, shall be Qr1ed not more than
1110.030 or enprisoned not more than fns years of puts.
M FORM 434:1, SEPT ,7009
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18. Nature of Activity(Proiect 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.
I
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 thepublic 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.
T
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
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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
7
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-terra 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 opportunityfor
investors to earn a reasonable return on investment.
3 of 4

20. Reason(s) for Discharge
Anderson Creek Club
Proposed Lake
'Sprin- 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
T
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 2681f 1340 25
Internittent 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.
X
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 storm 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: 268 If
Intermittent Stream: 194 if
bake Impacts - Wetland Impact Map 7 of 7
Based on the spine road horizontal and vertical designs, the top of dam elevation was determined
to be 239.0. The normal 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 detennining
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: 1,512 If
Intermittent Stream: 1,191 If
Total Stream: 2,703 if
F
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 pen-nit 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 of6

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
impactreal estate values in the surrounding 5 mile radius.
Foreseeable impacts to the environment are avoided and minimized through sound
constniction 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/l 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.
4 of 6
23. Avoidance, Minimization, and Compensation
Anderson Creek Chub
Proposed Lake
Spring Lake, Harnett County, NC
Recreational Field Alternative
October 26, 2010
Numemus manicured recreational fields can be constructed in the flat riparian areas along
the South Prong Anderson Creek and in floodplains along its perennial streams.
Prelinfimary 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).
6of6
Figures, Maps, and Appendix
Anderson Creek Club
Proposed Lake
Spring Lake, Harnett County, NC
October 26, 2010
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GRAPHIC SCALE I--W DATE. 09110110
o zs so 75 1 Of 1
WITHERS & RAV E N E L ANDERSON CREEK SOUTH
ENGINEERS 1 PLANNERS I SURVEYORS PROPOSED LAKE DAM CROSS-SECTION
1 Mac Kenan Or i ve Cary. Norte Carol Ina 27511 tel. [phone] www. witeersravene 1. com License No. C-0632 ,..,_ .... ..._
L d It n r7 N NN L0 O to O ?
N
N N N N N N N N N N O
i
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 1 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 low head dam but is an impounding type of dam that creates a large pond. The
creeks that are impounded by the dam are tirst.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 duality mitigation sites, negotiating with
landowners the rights to record deed restrictions, and designing and constructing
successful projects. As evidence of this, time were recently awarded three `full delivery'
mitigation projects through the NC Ecosystem Enhancement Program. I am fiilly
confident that we can supply the highest quality mitigation sites to meet your needs for
the Anderson Creek development.
If you have any questions, you can reach me at [phone],
Sincerel?t,
%
3ohi1?utton,
Prcje lltl Manager
Wildl.uid< fngineain'!" Inc. • Ishane) 919-351-9936 • fnx)919-851-9937 • 5605 Owpvt IJill RhA. M 122 • Ralci-Ji, NC 276117