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HomeMy WebLinkAbout20240357 Ver 2_SAW-2024-00442_Withdrawal_20240507DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 22, 2024 Regulatory Division/1200A Action ID No. SAW-2024-00442 Mr. Lance Smith 4337 Johnson Ave Western Springs, Illinois, 60558 Dear Mr. Smith: Please reference your Pre -Construction Notification (PCN) Form and attachments dated February 27, 2024, requesting Department of the Army (DA) authorization to discharge fill material into waters including wetlands, for culvert installation and grading for the proposed driveway and walkway for the development of Pinewild Country Club Lot #2294. Based on the information provided it appears that the proposed project is an expansion of the existing Pinewild Country Club residential subdivision, located at the southeast of the intersection of Barons Drive and Brinyan Court, in Pinehurst, in Moore County, North Carolina. Please reply to this notice within 30 days of receipt. Please also reference the terms of Nationwide Permit 29 (Residential Development), where the document notes: Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters of the United States associated with development of individual subdivision lots. Please know that the U.S. Army Corps of Engineers, Wilmington District, Raleigh Regulatory Field Office (Corps) considers the proposed Pinewild Country Club Lot #2294 development as part of the same single and complete project as the development of the Pinewild Country Club. The previously permitted loss of waters prior to the proposed wetland and stream loss would exceed the allowable thresholds under Nationwide Permit (NWP) 29, therefore, as proposed the project would not qualify for authorization under NWP 29.As such, the development of Lot #2294 would require authorization by our standard permit process or through the complete avoidance of a discharge within waters. This notice also requests the following additional information, irrespective of permitting mechanism. - It appears further avoidance and minimization is possible in relation to the proposed walkway adjacent to the proposed homesite. Please detail why this impact is unavoidable or present a redesigned plan that avoids all avoidable impacts (General -2- Condition 23a). For example, it appears that the walkway and/or the house could be shifted east into onsite uplands. - Please provide a compensatory mitigation plan for unavoidable impacts Additionally, please know that utilizing flexibilities found in Regulatory Guidance Letter (RGL) 95-01 "Guidance on Individual Permit Flexibility for Small Landowners" may apply depending on the nature of the proposed developer. The Corps encourages a Pre -Application meeting. Please note that since the project does not qualify for the use of a NWP 29 your request for NWP authorization is being withdrawn. If the project results in a discharge of fill or dredged material within waters, please submit a complete Individual (i.e. Standard) Permit application, including information addressing the comments made in this notice in order to allow the Corps to process a DA authorization request. For information on what is considered a complete application please visit 33 CFR 325.1(d)(10). If you have any questions regarding these matters, please contact me at (984) 800- 3741 or Matthew. K.Martin(a)usace.armv.mil. Sincerely, Matthew K. Martin, Regulatory Specialist Raleigh Regulatory Field Office E-Copies Furnished: Mr. Adam Carter Wetland Solutions LLC Adam (a�wetlandNC.com Mr. Chad Turlington North Carolina Division of Water Resources chad.turlington(a�deg.nc.gov