20120280 Ver 1_USACE Correspondence_20120501

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NORTH CAROLINA 28402 1890
April 27 2012
IN REPLY REFER TO
Regulatory Division
Action ID SAW 2011 01375
BA Branch Properties LLC
Mr Bobby Branch
402 Forestwood Park Road
Sanford North Carolina 27330
Dear Mr Branch
1 a -02,8 o
O-V) V-I,D to - l_2R_
Reference our March 23 2012 Public Notice for the proposed construction of the Marketplace
at Tramway, a retail shopping/service center located in the southeast quadrant of the intersection of
Jefferson Davis Highway (US 11151501) and Tramway Road INC Highway 78) in Tramway,
southwest of Sanford Lee County, North Carolina The project would permanently impact 2 17
acres of a forested headwater wetland The on site wetland drains to an unnamed tributary of
Upper Little River, which drams directly to the Cape Fear River
After review of your proposal the North Carolina Wildlife Resources Commission (NCWRC)
provided comments by letter dated April 16, 2012 The letter raises concerns regarding the filling
of wetlands and the potential impacts to fish and wildlife resources, and suggested several measures
to further reduce the impact of the proposed work In addition, two adjacent property owners
provided comments by email, both dated April 11 2012 Both neighbors were concerned that
filling the headwater wetlands may impact the water source for their shared pond and increase the
overall population of nuisance insects such as mosquitoes All correspondence is enclosed for your
consideration and response
Furthermore to help us with our review of this proposal some additional information is
required as listed below
1 As a federal agency, the Corps must evaluate the proposal against Executive Order
11988, Floodplam Management, and ensure that effects to floodplain values are properly
evaluated and avoided to the extent practicable Therefore please confirm that no fill is
expected within a FEMA designated floodplain and/or provide any information that will
support the evaluation of this requirement
2 Please identify all other authorizations required for this proposal
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3 Since this project does not need to be located within waters of the U S to meet the
Purpose and Need, other practicable alternatives must be evaluated to ensure that the least
environmentally damaging practicable alternative (LEDPA) is identified This includes off site
alternatives as well as on site modifications Some information on off site alternatives was
included with your 404 application, however additional details are needed to complete this
evaluation For example Site A has been discounted due to lack of direct access to Jefferson
Davis Highway but no NCDOT documentation supports this and it is located on an
intersection with another roadway where access may be possible Another example Site E, is
removed from consideration due to lack of sewer service and unsuitable property configuration
for the type and size of retail /service proposed Site E does appear to be as close to sewer
service as the preferred site and could be developed to the extent of meeting Purpose and
Need Other sites may need additional details before discounting, such as quantified impacts to
streams /wetlands from a GIS or mapping review
If your preferred site is selected as the LEDPA, additional information pertaining to on site
avoidance and nummizahon is needed Your application did state that this proposal needs a
high degree of road visibility and that 30% of the proposed commercial space would be lost if
wetland impacts are avoided Please supply any additional information which discounts your
ability to construct a smaller scale retail/service development which still meets Purpose and
Need
4 Please supply information on the possible expansion area described in the application
Include reasons why the upland areas within this tract cannot be utilized at this time rather
than proposing a wetland impact
Your response to these comments must be given full consideration before we can make a final
decision on your application We need your information to address the concerns /issues raised over
the proposed project You may submit additional information revise your plans to help resolve the
issues, rebut the issues made or request a decision based on the existing record You must provide a
response to the forwarded comments and the additional requested information by May 29 2012
otherwise your application will be withdrawn If you have questions or comments please contact
Mr Craig Brown at the Raleigh Regulatory Field Office address telephone [phone] ext 35
Sincerely
Jean B Gibby
Chief, Raleigh Regulatory
Field Office
Enclosure

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Copy Furmshed w /attachments
Burdette Land Consulting
Attn Jennifer Burdette
10212 Creedmoor Road
Raleigh NC 27615
NC Division Environmental & Natural Resources
Division of Water Quality
Wetlands and Stormwater Branch
401 Oversight/Express Permitting & Transportation Unit
Attn Ian McMillan
512 North Salisbury Street
Raleigh NC 27604

® Commission North Carolina Wildlife resources Commission
Gordon Myers Executive Director
MEMORANDUM
TO Monte Matthews Raleigh Regulatory Field Office
U S Army Corps of Engineers
FROM Shari L Bryant Piedmont Region Coordmator
Habitat Conservation Program
DATE 16 April 2012
SUBJECT Public Notice for BA Branch Properties LLC for Construction of Marketplace at
Tramway Lee County North Carolina Corps Action ID # SAW 2011 01375
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document Our comments are provided in accordance with provisions of the Clean Water Act of
1977 (as amended) Fish and Wildlife Coordination Act (48 Stat 401 as amended 16 U S C 661 667e)
and North Carolina General Statutes (G S 113 131 et seq )
The applicant proposes to permanently impact 2 17 acres of,junsdnchonal wetlands to construct a
retail shopping/service center The project consists of nine out parcels a building center and additional
commercial space and includes all roadways utilities parking stormwater management infrastructure
features and building lots The purpose of the project is to construct a retail shopping/service center to
serve the needs of Sanford and Lee County Mitigation for the project includes payment into the N C
Ecosystem Enhancement Program
The site drams to unnamed tributaries to Upper Little River in the Cape Fear River Basin
According to the Public Notice the project site contains 2 23 acres of forested headwater wetland
We hesitate to concur with the filling of wetlands due to their wildlife habitat value and the well
known beneficial functions they provide for flood control and water quality protection Also we are
concerned about the impacts of development on aquatic and terrestrial wildlife resources Changes in
land use and increases in impervious surfaces may exacerbate channel degradation and sediment impacts
to stream ecosystems due to increased stonnwater runoff and elevated floodmg In addition pollutants
(e g sediment heavy metals pesticides and fertilizers) washed from roads and developed landscapes
can adversely affect and extirpate species downstream
Should the permit be issued we offer the following recommendations to minimize impacts to
aquatic and terrestrial wildlife resources
Mailing Address Division of Inland Fisheries 1721 Mail Service Center Raleigh NC 27699 1721
')Telephone [phone] Fax [phone]

Page 2
16 April 2012
Marketplace at Tramway
Corps Action lD No SAW 2011 01375
1 All remaining wetlands on the site should be protected from additional impacts by placing them in a
permanent conservation easement to prohibit filling draining flooding and excavation
2 Stormwater control structures should be designed to achieve no net change in the hydrology of the
watershed In addition trees and shrubs should be planted around the stormwater detention pond
excluding the dam to provide habitat benefits that offset those functions lost by development
partially restore aquatic habitats reduce exposure of the water surface to sunlight thereby minimizing
thermal pollution and provide essential summer and winter habitats
3 Use landscaping that consists of non invasive native species and Low Impact Development (LID)
technology Using native species instead of ornamentals should provide benefits by reducing the
need for water fertilizers and pesticides Using LID technology in landscaping will not only help
maintain the predevelopment hydrologic regime but also enhance the aesthetic and habitat value of
the site
4 Sediment and erosion control measures should be installed prior to any land clearing or construction
These measures should be routinely inspected and properly maintained Excessive silt and sediment
loads can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat suffocation of eggs and clogging of gills of aquatic species
Thank you for the opportunity to comment on this project If we can provide further assistance
please contact our office at [phone] or shah brvant(aDncwildlife org
ec Martin Richmond (DWQ ID # 20120280)

- Original Message---- -
From Vera McCollum [mailto vmccollum0charter net]
Sent Wednesday, April 11, 2012 1 28 PM
To Matthews, Monte K SAW
Subject Tramway Marketplace
Mr Matthews,
I am writing you with great concerns about this project, and how it may impact my property
Mr Branch is asking authorization to permanently impact 2 17 acres of headwater wetlands
This butts up to our property and I am very afraid It will affect my pond When they started
grading the property, the pond went as close to being dry as it ever has A neighbor
contacted the environmental agency and they came out Once they investigated our pond
started to fill again
The pond had a great influence on our purchase of our home For many years we have enjoyed
fishing, skipping rocks, and even had a wedding on a deck we built there We have enjoyed a
Crain that visits every year, caught many fish only to let go, to catch again We have many
turtles, frogs,and other wild animals that my children and grand children have enjoyed
watching I will be very upset if any of this changes We were told upon purchase that due to
the underground springs we would never have to worry about the pond going dry, but now I feel
it is threatened
They say they are building a large (1 1/2 acre) pond for run off Will they do something to
prevent
Mosquitos from the standing water We have already had problems when the spring slows down
I hope you can help us understand what to expect from all this and prevent the problems that
concern us We have lived many places in our life and see many animals here that we have
never been exposed to Please help us keep a home for them and fix it so we can all survive
together I know Tramway is going to grow and am glad to see it if we can all work together
for
the true betterment of the community
Thanks for any thing you can do to help us
Sincerely, Vera McCollum
Sent from my iPad
Classification UNCLASSIFIED
Caveats NONE
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2

- - -- Original Message---- -
From Anita [mailto bolensOcharter net]
Sent Wednesday, April 11, 2012 9 10 AM
To Matthews, Monte K SAW
Subject Tramway Marketplace
Monte,
According to a public notice I received Bobby Branch is requesting authorization to
permanently impact 2 17 acres of a forested, headwater wetland My concern is that our pond,
which butts up to Mr Branch s land, will be effected if he is allowed to permanently impact
the wetland We were told when we purchased our property that our pond is fed by an
underground spring and should never have a problem with water When Mr Branch started
clearing this land the water level in our pond began dropping I had a person from the
environmental dept look into our concerns but he said that he didn t feel that the work was
disturbing the natural flow of water that was feeding our pond Oddly enough, about a month
after his visit the pond began filling up again and the water level is almost to the point it
use to be I read in the notice under Existing Site Conditions that he referenced to a
violation of Section 404 of the Clean Water Act which forced Mr Branch to restore the
original wetland grade Is it possible this is what caused the water level in our pond to
drastically drop?
My other concern is the 1 1/2 acre pond they plan to build for run off water What will they
do to prevent insects and stag net water?
Don t misunderstand, I am very supportive of the new development for our area, but it s more
important to me to protect the pond my family enjoys and the wildlife that uses it
Thank you for your assistance,
Anita Bolen
Classification UNCLASSIFIED
Caveats NONE
Classification UNCLASSIFIED
Caveats NONE
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