20042019 Ver 2_Other Agency Comments_20071212

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DEPARTMENT OF THE ARMY ~ ~ °~ ~~~ )
. ,~`~'~°~~'q~ WILMINGTON DISTRICT, CORPS OF ENGINEERS
~~~~ %~ PO BOX 18.90
WILMINGTON NC 28402-1890
December 7, 2007
Regulatory Division
Action ID No. SAW-2006-41244-043 (formerly 200000911 and 200000910)
Messrs. David N. Levinson and J. Bret Mangum
Anderson Creek Partners, LP
125 Whispering Pines Drive
Spring Lake, North Carolina 28390
Dear Messrs. Levinson and Mangum:
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DEC 1 2 2007
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On November 9, 2007, this Office received your request for an after-the-fact verification to
utilize Nationwide Permits 29 and 12 for the discharge of fill material into Section 404
jurisdictional Waters of the United States, including wetlands, for the purpose of completing the
Anderson Creek North residential development located along the eastside of Nursery Road (SR
1117), south of Lemuel Black Road (SR 1125), north of the Town of Spring Lake, in Harnett
County, North Carolina. Please also reference our Notice of Permit Noncompliance issued to
you on September 25, 2006.
Upon evaluation of your application as well as a review of our administrative record, this
Office has determined that your project does not meet the terms and conditions of the
Nationwide Permits since the Anderson Creek North development would result in more than
minimal individual and cumulative adverse environmental effects. Please be aware that we must
consider the previously authorized and constructed impacts in our assessment of cumulative
impacts for your single and complete project and our current Nationwide Permits (issued in
March 19, 2007) are not available for discharges that cause an aggregate lost of greater than 0.5
acre of non-tidal waters of the U:S. As such, we have withdrawn your request and have enclosed
and Individual Permit application (ENG Form 4345) for your use.
In addition, we will consider the entire Anderson Creek development, both North and South,
the single and complete project. Consequently, all impacts to jurisdictional waters, both
temporary and permanent, associated with Anderson Creek North and South must be included
with your Individual Permit application.
Next, our renewal of the verification of the jurisdictional determination for both the North
and South sections is still pending. Please contact Mr. Ronnie Smith, of this Office, at (910)
251-4829 to discuss the outstanding information needed to finalize the jurisdictional
determination prior to submitting an Individual Permit.

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Finally, please be aware that this Office is considering administrative fines for the Permit
Noncompliance cited in our September 25, 2006 Notice. Staff from the Corps' Regulatory
Division and Office of Counsel will notify you if we proposed to assess a Class I Administrative
Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6.
If you have any questions regarding these matters and/or would like to schedule a meeting to
review your project, our requirements and Individual Permitting process, please contact me at
[phone].
Sincerely,
Jennifer S. Frye, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Ken Averitte
N.C. Department of Environment
and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, North Carolina 28301
~s. Cyndi Karoly
~C. Department of Environment
and Natural Resources
Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27611
Mr. Ronald J. Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303