20042019 Ver 3_Other Agency Comments_20110823

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
August 23, 2011
Regulatory Division
Action ID No. SAW-2006-41244
Mr. David Levinson
Anderson Creek Partners, LP
125 Whispering Pines Drive
Spring Lake, North Carolina 28390
Dear Mr. Levinson:
On August 8, 2011 we received your most recent submittal in which you provided us with
additional information for our review of the Anderson Creek South project. As you are aware,
we needed this information to facilitate final review of your permit application.
During our review of the subject permit request, we also obtained information which
suggests that Anderson Creek Partners may have conducted work within waters of the United
States on the Anderson Creek South property without authorization from the Department of the
Army. In response to this information, Ms. Crystal Amschler of this office conducted a site
inspection on August 10, 2011. During the site visit, Ms. Amschler observed and documented
discharges of fill material in waters of the U.S. associated with the apparent re-impoundment of a
historic pond which, based on available information, has been drained since 2003. This area of
concern is located in the southern most portion of the Anderson Creek South property and
depicted as R6 on Wetland Impact Map 3, submitted to us on November 9, 2010 as part of your
permit application.
Based on the Corps-approved jurisdictional determination and aerial photography, we
determine that the fill material and structures associated with the rehabilitation of a pond dam
and principal spillway occurred within a relatively permanent waterbody (an unnamed tributary
to South Prong Anderson Creek) and adjacent wetlands. Review of our records indicates that the
Corps has not issued a Department of the Army permit to you or anyone for such work.
Upon review of aerial photography, we also identified an area of land-disturbance and
construction at an existing road crossing that may have also resulted in a discharge of fill
material into waters of the U.S. Based upon aerial photograph interpretation, we believe this
work may have occurred between 2006 and 2010. A review of our records indicates that the
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Corps has not issued a Department of the Army permit for such work. The road crossing is
depicted as R1 on Wetland Impact Map 1, submitted on November 9, 2010 as part of your permit
application.
In order to determine the potential presence and extent of any unauthorized work and to
resume final evaluation of your application, we request that you provide us with a complete
account of all work in wetlands and streams you conducted to date on the Anderson Creek South
property. Please also include an explanation of the work near the previously drained pond and
the upgraded road crossing as described above. Your submittal should include the following
information:
• The pre-construction condition of jurisdictional waters;
• A description of the work that was done and the associated plans if available;
• The reason why the work was conducted and why a permit, if required, was not obtained
for the work;
• Quantity of impacts that occurred to jurisdictional waters resulting from any such work,
and;
• Any other pertinent information that is available to assist us in determining if Department
of the Army permits were required for any work that has occurred on site.
Until such time we obtain this information and determine if unauthorized activities occurred
on the Anderson Creek South property, we cannot make a permit decision regarding your
Individual Permit application. Furthermore, please cease all work in waters of the U.S. until we
can determine if Department of the Army permits are required. If you have any questions or
comments, please contact Ms. Amschler at (910)-251-4170.
Sincerely,

Dale E. Beter, Chief
Wilmington Regulatory Field Office
Copies Furnished:
Mr. Christopher Huysman
Wetland and Natural Resource Consultants, Inc.
Post Office Box 1492
Sparta, North Carolina 28675
-3-
Ms. Becky Fox
U.S. Environmental Protection Agency - Region 4
1307 Firefly Road
Whittier, North Carolina 28789
Ms. Jennifer Derby, Chief
Wetlands Protection Section
Water Management Division
U.S. Environmental Protection Agency - Region IV
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Ian McMillan
401 Oversight/Express Review Permitting Unit
Division of Water Quality
/ North Carolina Department of
V Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Mr. John Ellis
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Molly Ellwood
Southeast Permit Coordinator
NC Wildlife Resources Commission
127 Cardinal Drive Extension
Wilmington, North Carolina 28405