20000535 Ver 1_Other Agency Comments_20000502

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 200020599
Ms. Mary Lou Rand
Interim Town Manager
Town of Garner
9007 1h Avenue
Garner, North Carolina 27529
Dear Ms. Rand:
May 2, 2000
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Reference is made to the Department of the Army (DA) Pre-Construction Notification
received on April 13, 2000, submitted on your behalf by Mr. Leon Bakely of MacConnell &
Associates, P.C., requesting nationwide permit authorization for impacts to approximately 0.25
acre of wetlands and 90 linear feet of stream associated with the construction of a road crossing
for access to the Eagle Ridge Water Reclamation Facility located east of Woodnell Drive, in
Garner, Wake County, North Carolina. The site is adjacent to an unnamed tributary of Swift
Creek, in the Neuse River Basin.
Reference is also made to the individual DA permit issued on February 7, 2000, to Sandler
at Old Stage authorizing the discharge of fill material into waters of the United States, including
wetlands, for completion of construction of the Eagle Ridge residential and golf course
development (Action ID 199920576).
We have determined that your proposed road crossing to provide access to the Eagle Ridge
Reclamation Facility is directly related to, and would not occur but for, the development of the
Eagle Ridge residential and golf course development. Accordingly, your project as now
proposed is not eligible for authorization by nationwide permit and will require authorization as a
modification to the existing individual DA permit. Any proposal to modify the existing
individual permit should include a description of all actions taken to avoid and minimize impacts
to waters of the United States, and a detailed plan of proposed mitigation for our consideration.
Alternatively, it may be possible to modify the plans for your crossing such that no impacts to
jurisdictional waters of the United States are involved and no permit is necessary (i.e., span all
waters and wetlands). Should you choose to pursue the latter alternative, please forward a copy
of your plans to our office for review and concurrence.
Please be reminded that issuance of DA authorization must precede any placement of
excavated or fill material within any waters of the United States on your property. Should you
have questions or comments, please contact Mr. Todd Tugwell, Raleigh Regulatory Field Office,
at telephone [phone], Extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Copies Furnished:
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Leon Bakely
MacConnell & Associates, P.C.
Post Office Box 3096
Cary, North Carolina 27519
Mr. Kenneth W. Baily„ Jr.
Environmental Director
Sandler at Old Stage
448 Viking Drive, Suite 225
Virginia Beach, Virginia 23452