20042019 Ver 3_More Info Received_20110824

2-0
ANDERSON CREEK CLUB
125 WHISPERING PINES DRIVE - SPRING LAKE, NC 28390
866-465-3568 910-814-2633 910-814-2892 (i.-Ax)
www,aliclc,t-.Yoiici-c,ekelt(b,coi)?
August 24, 2011
Ms. Crystal Amschler
USACE Wilmington Field Office
69 Darlington Avenue
Wilmington, NC: 28403
Dear Ms. Amschler,
This letter is in response to the Corp's suggestion that Anderson Creek Partners may have
done work on its property in Anderson Creek South that required authorization and which
authorization was not received. Anderson Creek Partners does not believe that it has done
so and certainly had no intention of doing so.
When the property was acquired by Anderson Creek Partners, aerial photography
indicated certain water features (ponds) on the property. It was and is the understanding
of Anderson Creek Partners that the partnership has the right, and indeed the obligation,
to maintain and repair any deterioration of existing dams so that the flow of water is not
changed. Other than repairing washed out roads by replacing pipes in areas that are not
regulated in accordance with the maps which we have, this is the only thing that
Anderson Creek Partners has done and Anderson Creek Partners believes that a current
aerial photograph of the property will show that there are no more nor any fewer ponds
on the property and that the size of the ponds has not changed during the time that the
property has been owned by Anderson Creek Partners.
To further explain why Anderson Creek Partner's understanding is as outlined above,
there was an incident in Anderson Creek North in which a violent storm caused a stream
to break its banks and to change its direction dramatically. Anderson Creek Partners
repaired the break and redirected the stream back to its original course but modified the
repair with a small dam to prevent a repeat of the incident. The Corps took the position
that this was not acceptable and required Anderson Creek Partners to restore the stream to
exactly what had existed before the storm, at considerable cost to Anderson Creek
Partners, both the original repair and then destroying that repair and restoring the original
creek line. From this encounter with the Corps, Anderson Creek Partners understanding
that Anderson Creek Partners was expected to not only maintain but, when other factors
intervened, to restore wetlands to their original (when the property was purchased)
condition was reinforced.
i hope that this letter explains why Anderson Creek Partners believes that it has acted in
good faith in maintaining and restoring those situations that existed when it purchased the
property known as Anderson Creek South twelve years ago.
Anderson Creek Partners is committed to preserving the wetlands and open space on the
property and will protect wetlands, ponds and streams according to the guidance that is
published by the Corps. We will be sending to you by separate cover a figure that depicts
the protected areas.
Sincerely,
derson Creek Partners LP
by Anderson Creek, Inc, General Partner
David N. Levinson
President
Cc: Chris Huysman