20070346 Ver 1_USACE Correspondence_20071218

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DEPARTMENT OF THE ARMY ~~~~~~~'~
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 12, 2007
IN REPLY REFER TO
Regulatory Division
Action ID No. 2007 00656 234
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~~ ~~~~~~
Mr. Joseph P. Tanneberger
Hill Partners Inc. of Charlotte ~`' C 1 ~ 20n7
101 West Worthington Ave., Suite 204 ~rr:9~ - ~1'AT~f~ ~2Upll7Y
Charlotte, North Carolina 28203 ~-71A~ita~~,~~'~p~l~~~;uA~,~RANCN
Dear Mr. Tanneberger:
Reference is made to the application of February 5, 2007, submitted on your behalf by
Mr. Matthew O'Brien of Environmental Services, Inc., for individual Department of the Army
(DA) permit authorization to impact approximately 2.78 acres of wetlands and 773 linear feet of
stream channels of the jurisdictional waters of Johnson Creek associated with the proposed
construction of the Clemmons Town Center commercial /retail facilities located off of
Lewisville-Clemmons Road northwest of the intersection with I-40, north of Clemmons, in
Forsyth County, North Carolina. The project also includes temporary jurisdictional waters
impacts of 121inear feet of stream channels and 0.07 acre of wetlands associated with a sewer
line connector.
By letters dated March 24 & 28, 2007, we notified you that we had received written
comments responding to the public notice for your project from the U.S. Fish and Wildlife
Service (FWS) and the North Carolina Wildlife Resources Commission (WRC) requesting
additional information about your project. In general the requests asked you to provide
information showing that your proposed work is the least environmentally damaging, practicable
alternative that could met your project's purpose and need. Specifically, the letters asked you to
provide a more detailed site plan that includes the limits of clearing and grading, details of
proposed roads, buildings, utilities, lot fill and other amenities associated with the development.
To date, you have not responded to these requests. Without the requested information we cannot
continue the processing of your application. Accordingly, your Department of the Army (DA)
permit application has been retired.
If you wish to continue to pursue a DA permit, you must first respond to the referenced
letters addressing all the identified comments in each letter and provide the requested
information. With the requested information, you will also need to re-submit your application
for a DA permit for your proposed project.

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If you have any further questions regarding this matter, please contact me at my Raleigh
Regulatory Field Office address or at my telephone number [phone], extension 25.
Sincerely,
~~~im-,~
J hn Thomas ~ ~
Project Manager,
Raleigh Regulatory
Field Office
Copies Furnished:
Mr. Matthew O'Brien
Environmental Services, Inc.
3661 Alamance Road
Burlington, NC 27215
Mr. Ronald J. Mikulak, Chief
Wetland Regulatory Section
U.S. Environmental Protection Agency
61 Forsyth Street, S W
Atlanta, Georgia 30303-8960
Mr. Brian P. Cole, Field Supervisor
U.S. Fish and Wildlife Service, Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Mr. Ron Linville
North Carolina Wildlife Resources Commission
3855 Idlewild Road
Kernersville, NC 27284
Ms. Cyndi Karoly
NCDENR
Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
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