20050661 Ver 1_Other Agency Comments_20050519

Q. l ~
DEPARTMENT OF THE ARMY ~S -` O to In
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID. 200431306
Mr. Neil G. O'Rourke
Peerless Group
102 Pebble Ridge Farms Court
Cary, North Carolina 27513
Dear Mr. O'Rourke:
May 16, 2005
~~,«
Mf`r` ~ ~~i=
~D..~,rN-~ ~,.
I ~L~ ur J (irti1~ b'ei'4 ~i.'r~, tdi {
Reference your February 22, 2005 after-the-fact application for Department of the Army
authorization to impact unnamed tributaries to the North Toe River and adjacent wetlands in
conjunction with roadway construction, the restoration of Diamond Lake, and the construction of
a series of forebays above the lake within the Communities of Penland proposed mixed-use
community near Spruce Pine, Mitchell County, North Carolina.
Your proposal was advertised by public notice dated March 25, 2005. Comments in
response to the notice were received from the U.S. Fish and Wildlife Service and the North
Carolina Wildlife Resources Commission in letters dated Apri126, 2005 and March 29, 2005
respectively. In addition numerous comment letters were received from individual citizens and
organizations. All comments received are enclosed for your information and to provide you with
the opportunity to address any of the stated concerns.
You are again advised that COP is not to undertake any further land disturbing activities,
including any further filling activity in waters or wetlands, on these properties without the prior
approval of t'~is office. DA permit authorization :Host be obtained before any additional fill
material is placed into waters or wetlands of the United States.
Please provide any responses to these comments, in writing, on or before June 3, 2005. If
you have any questions, I may be reached at [phone], extension 225.
Sincerely,
David K. Baker
Project Manager
Asheville Regulatory Field Office
Enclosures

2
Copies Furnished without enclosures:
Mr. Patrick K. Smith, P.E.
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
Mrs. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Steve Levitas
Kilpatrick Stockton LLP
Suite 400, 3737 Glenwood Avenue
Raleigh, North Carolina 27612