20021769 Ver 3_Other Agency Comments_20060828

DEPARTMENT OF THE ARMY
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WILMINGTON NC 28402-1890
August 23, 2006
Regulatory Division
Action ID No. SAW-2006-40205-063
Town of Southern Pines
Attn: Mr. David White, Director of Public Services
482 East Connecticut Avenue
Southern Pines, North Carolina 28347
Dear Mr. White:
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Please reference your request for the Department of the Army (DA) authorization permit to
impact Section 404 jurisdictional Waters of the United States, including wetlands, adjacent to an
unnamed tributary to Horse Creek, a tributary to Drowning Creek, for the purpose of
constructing a new raw water storage reservoir for the Town of Southern Pines, Moore County,
North Carolina. The 52 acre project area is located west of U.S. Highway 1, south of Thunder
Road (NCSR 1102), southwest of the Town of Pinebluff, North Carolina. The proposed impacts
include the discharge of fill material into 0.7 acre of wetlands and 2771inear feet of stream
channel and the flooding of 0.9 acre of wetlands, 1671inear feet of stream channel and 1.4 acres
of open water.
On February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures
to determine the type and level of mitigation necessary to comply with Clean Water Act Section
404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands
through the selection of the least damaging, practical alternative; second, taking appropriate and
practical steps to reduce impacts on waters and wetlands; and finally, compensation for
remaining unavoidable impacts to the extent appropriate and practical. To enable us to process
your application, in compliance with the MOA, we request that you provide the following
additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas. u ~ ~ ~ ~ ~~
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b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland
losses. Please indicate all that you have done, especially regarding development and modification of
plans and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after the applicant has employed all appropriate and
practicable minimization. Please indicate your plan to mitigate for the projected, unavoidable
loss of waters or wetlands or provide information as to the absence of any such appropriate and
practicable measures.
The aforementioned, requested information is essential to the expeditious processing of your
application; please forwarded this information to us within two (2) weeks of your receipt of this
letter. In addition, you should be aware that State and Federal commenting agencies might
recommend design modifications.
Finally, please submit all materials and supporting documentation for the wetland
delineation of the entire project area. Once received, we will contact you (or your agent) to
schedule an on-site verification.
If you have questions or comments, please do not hesitate to contact me at [phone].
Sincerely,
Jennifer S. Frye
Regulatory Specialist
Wilmington Regulatory Field Office
Copies Furnished:
Ms. Tracy E. Rush
Dr. J. H. Carter III & Associates, Inc.
Environmental Consultants
515 Midland Road, Suite F
Southern Pines, North Carolina 28387
Ms. Becky Fox
Wetlands Regulatory Section -Region IV
U.S. Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789

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Ms. Cyndi Karoly
vision of Water Quality
T.C. Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726