20071200 Ver 1_USACE Correspondence_20071015

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO 4 y
ATTENTION OF: OctOUer 11, 2007
Regulatory Division
Action ID. 2007-1539-303
Mr. Wayne Miles
Post Office Box 299
Roaring Gap, North Carolina 28668
Dear Mr. Miles:
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Reference is made to your March 22, 2007 Department of the Army permit application in
which you requested a permit for impacts to stream channels associated with the proposed
construction of a recreationaUaesthetic pond on the west side of Woodruff Lane, southeast of
Sparta, Alleghany County, North Carolina. The purpose of this letter is to provide you with the
comments received in response to the Public Notice dated July 5, 2007 and to grant your request
to withdraw the pending Department of the Army application.
By letters dated August 6, 2007 and August 1, 2007 (enclosed), the N.C. Wildlife
Resource Commission (WRC) and the U.S. Fish & Wildlife Service (USFWS) provided general
comments in response to the Public Notice which are attached for your review. By letter dated
July 31, 2007, the North Carolina State Historic Preservation Office provided comments in
addition to comments provided by an adjacent property by letter dated July 25, 2007. Both are
enclosed for your review as well. The comments provided by WRC specifically address aquatic
resources located in the stream channel that you proposed to impound. Based upon a site visit,
WRC found "multiple age classes of wild Brook trout and Brown trout" and noted that the
"tributary proposed to be impounded appears to be an important refuge or nursery area for Brook
trout". Based upon these comments and through coordination with our office, you have decided
to construct a pond off-line and have requested to withdraw your pending permit application.
The proposed off-line pond will be excavated adjacent to the stream channel and will not require
any discharge of dredge/fill material into streams and/or wetlands, therefore no Department of
the Army permit is needed.
If you have any additional questions please contact me at (828)-271-7980 extension 231.
Sincerely,
I ~ ~
Amanda D. Jones
Project Manager
Asheville Field Office

2
CF w/o encls:
Mr. Brian Cole
Asheville Field Office
US Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Ms. Cyndi Karoly
NCDENR -Division of Water Quality
Wetland/401 Unit
2321 Crabtree Boulevard
Raleigh, North Carolina 27604-2260
Mr. Ron Linville
NC Wildlife Resource Commission
Division of Inland Fisheries
1721 Mail Service Center
Raleigh, North Carolina 27699-1721