20042019 Ver 3_Other Agency Comments_20110222

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF: February 15, 2011
Regulatory Division
Action ID No. SAW 2006-41244 If ? k%--7 L9 Ow Pm
FEB 2 2011
Wetland and Natural Resource Consultants, Inc,
Attn: Mr. Christopher Huysman w w NR A
PO Box 1492
Sparta, North Carolina 28675
Dear Mr. Huysman:
On November 12, 2010, this office received your application for Department of the Army
authorization for the construction of the Anderson Creek South development and associated
infrastructure and amenities, including a 40-acre amenity lake, on property located adjacent to
South Prong Anderson Creek, 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. The purpose of this letter is to provide comments from resource
agencies and the general public for rebuttal purposes as a part of the individual permit review.
At the conclusion of the forty four day public notice period, we received multiple
comments regarding this project, including comments from regulatory and or natural resource
agencies. The commenting agencies, which have forwarded correspondences to date, include the
North Carolina Department of Environment and Natural Resources (NCDENR)-Division of
Water Quality and the United States Environmental Protection Agency, Region 4. Comments
from the agencies as well as all other comments are attached for rebuttal purposes.
The NCDENR, Division of Water Quality reviewed your proposal while out on public
notice and delivered a letter requesting clarification and expressing concerns on a number of
issues, including project purpose, avoidance and minimization, mitigation and project need to
name a few. Please review and address all of the comments offered by the NCDENR, Division
of Water Quality as you prepare a response to this correspondence.
The United States Environmental Protection Agency (US EPA) recommends denial of the
permit as currently proposed. The United States Environmental Protection Agency (US EPA)
submitted comments in response to the permit application indicating that the EPA believes the
project purpose for the development is misidentified, the alternative analysis is insufficient and
the preferred alternative has not been shown to be the least environmentally damaging practicable
alternative, that there has not been an adequate mitigation plan supplied and that the EPA
considers the aquatic resources on site to be aquatic resources of national importance (ARNI).
The EPA further indicates that the currently proposed project does not comply with the Section
404(b)(1) Guidelines and may have substantial and unacceptable adverse impacts to an aquatic
resource of national importance. As with the NCDENR, Division of Water Quality's letter,
please review and address comments offered by the USEPA.
In addition to the regulatory agency's comments, please review and address as appropriate,
all other comments received in regards to this project.
Our administrative process provides you the opportunity to propose a resolution and/or
rebut any and all objections before a final decision is made. In this regard, I would appreciate
being made aware of your intentions, in writing, on or before March 10, 2011.
I am responsible for processing your application and available to assist you in coordinating
with the review agencies. If you have any questions you may call me at [phone].
Sincerely,
Crystal Amschler
Regulatory Specialist
Wilmington Regulatory Field Office
Copies furnished with enclosure:
Anderson Creek Partners, LP,
Attn: Mr. David Levinson
125 Whispering Pines Drive
Spring Lake, North Carolina 28390
I cMillan
1 Oversight/Express Review Permitting
Unit
DWQ, NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Copies Furnished without enclosure:
Mr. Kelly Laycock
US EPA Region 4
61 Forsyth Street
Atlanta, GA 30303
Ms. Jennifer Derby
Chief, Wetlands Protection Section
Water Management Division
US EPA, -Region 4
61 Forsyth Street
Atlanta, Georgia 30303
John Ellis
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Molly Ellwood
Southeast Permit Coordinator
NC Wildlife Resources Commission
127 Cardinal Dr. Ext
Wilmington, NC 28405
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