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