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Home My WebLink About20042019 Ver 4_Other Agency Comments_20120817DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403 -1343 REPLY TO August 14, 2012 ATCENT7ON OF Regulatory Division Action ID No SAW- 2006 -41244 Anderson Creek Partners, LP Attn Mr David Levinson 125 Whispering Pines Drive Spring Lake, North Carolina 28390 Dear Mr Levinson 0� - aol 0. A U E.W,� 7 2012 DENR TER QU .L_ a Sl ALlTy Please reference your July' 25, 2012 request to modify Department of the Army (DA) permit issued on March 7, 2012 for the Anderson Creek South Development, located northeast of the intersection of Ray Road and Overhills Road in Anderson Creek, Harnett County, North Carolina The request is to modify the permit conditions relating to mitigation and to include impacts for two additional road crossings within the Anderson Creek South Development Please reference the June 1 St, 2012 telephone conversation between your authorized agent, Mr Christopher Huysman of Wetland and Natural Resource Consultants, Inc, and Ms Crystal Amschler of the U S Army Corps of Engineers, Wilmington Regulatory Field Office (Corps), regarding your proposed permit modifications Specifically for mitigation, you requested modification to Special Condition (m) to allow you to make in -lieu -fee payments to the North Carolina Ecosystem Enhancement Program ( NCEEP), in stages, for each impact location prior to beginning construction within junsdictional areas Please provide justification on why full payment to NCEEP to compensate for all permitted project impacts cannot be completed prior to the commencement of construction within jurisdictional waters The proposed phased mitigation plan should include an explanation on how payments would be divided and when payments would be completed prior to construction within jurisdictional areas Absent unusual circumstances, it is unlikely that we would approve a mitigation plan that allows a separate mitigation timeframe for each individual impact to waters of the United States However, if you can demonstrate that construction schedules or logistics make it unlikely that some impacts will occur in the near term, we may consider those logistical concerns in allowing you to postpone some of the required mitigation In order to expedite our review, please identify the circumstances which prompted your request, and provide us a plan for dividing your mitigation requirements in a meaningful and specific manner You additionally requested that the Corps modify Special Condition (m) to include language allowing you to request modification to the permit to allow you to utilize an alternative -2- mitigation plan and/or purchase credits from a private mitigation bank as was conditioned in the State's issued 401 Water Quality Certification #3866 At this tune, you have not submitted an alternative mitigation proposal in which you provide site specific information on permittee responsible mitigation Furthermore, your project is not currently located within a service area of a private mitigation banks with available riparian credits, nor is the Corps aware of any current proposed bank sites Without an alternative mitigation proposal or available riparian credits from a mitigation bank, we cannot modify the mitigation requirements set forth in Special Condition (m) of the March 7, 2012 permit Please reference 33 CFR Part 332 3(k) and 332 4 (c)(1) which states that "compensatory mitigation requirements for a DA permit, including the amount and type of compensatory mitigation, must be clearly stated in the special conditions of the individual permit or general permit verification," and that "the permittee must prepare a final mitigation plan, which must be approved by the district engineer prior to issuing the individual permit " If riparian credits from a private mitigation bank become available or if you provide a site specific mitigation proposal, we can consider your request at that tune Lastly, you requested that the permit be modified to "redistribute approved wetland and stream impacts to facilitate two additional road crossings to access high ground while not increasing the already permitted impacts to wetlands and streams " Please provide specific information pertaining to the road crossings as it relates to the authorized development An overall site map showing the location of the newly proposed impacts must be submitted to our office Additionally, you should include information as to whether North Carolina Department of Transportation ( NCDOT) will be taking over all the roads at some point and if applicable, documentation that NCDOT will accept the roads constructed utilizing headwalls In order for the Corps to consider your request to modify permit conditions pertaining to payment to NCEEP and the additional road crossings, please provide all the requested information herein Please be reminded that, regardless of this modification request, the subject DA authorization terms and conditions are still valid such that no work shall occur in waters of the United States until compensatory mitigation requirements have been satisfied If you have questions or comments, please do not hesitate to contact Ms Crystal Amschler at telephone (910) 251 -4170 Sincerely, !Dale E eter, Chief Wilmington Regulatory Field Office -3- Copies Furnished Mr Christopher Huysman Wetland and Natural Resource Consultants, Inc Post Office Box 1492 Sparta, North Carolina 28675 Mr Jeffrey Garnett Wetlands Protection Section United States Environmental Protection Agency - Region IV 61 Forsyth Street Atlanta, Georgia 30303 Ms Jennifer Derby, Chief Wetlands Protection Section Water Management Division United States Environmental Protection Agency - Region IV 61 Forsyth Street Atlanta, Georgia 30303 Ian McMillan North Carolina Department of Environment and Natural Resources Webscape Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 John Ellis U S Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636 -3726 Molly Ellwood Southeast Permit Coordinator North Carolina Wildlife Resources Commission 127 Cardinal Drive Extension Wilmington, North Carolina 28405