20071668 Ver 1_USACE Correspondence_20080116

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
January 14, 2008
Regulatory Division
Action ID No. SAW-2007-00902-043
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Mr. Jimmy Pierce
Post Office Box 2191
Surf City, North Carolina 28445
Dear Mr. Pierce:
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Reference your October 1, 2007 application for the Department of the Army (DA)
authorization to discharge fill material into 1.396 acres of wetlands and 606 linear feet of stream
for the construction of roads and utility lines associated with the proposed Lexington Plantation
residential subdivision located off of NC Highway 87 between Plantation Drive and Nursery
Road, southwest of Spout Springs, Harnett County, North Carolina.
On February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures
to determine the type and level of mitigation necessary to comply with Clean Water Act Section
404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands
through the selection of the least damaging, practical alternative; second, taking appropriate and
practical steps to reduce impacts on waters and wetlands; and finally, compensation for
remaining unavoidable impacts to the extent appropriate and practical. To enable us to process
your application, in compliance with the MOA, we request that you provide the following
additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
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b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland
losses. Please indicate all that you have done, especially regarding development and modification of
plans and proposed construction techniques, to minimize adverse impacts.

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c. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practicable minimization has
been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of
waters or wetlands or provide information as to the absence of any such appropriate and
practicable measures.
The aforementioned, requested information is essential to the expeditious processing of your
application and should be forwarded to us within two (2) weeks of your receipt of this letter.
Also, you should be aware that State and Federal commenting agencies may recommend design
modifications.
If you have questions or comments, please do not hesitate to contact me at [phone].
Sincerely,
Ronnie Smith
Regulatory Specialist
Wilmington Regulatory Field Office
Copies Furnished:
Mr. Jason Godwin
Enoch Engineers, PA
1403 NC Highway 50 South
Benson, North Carolina 27504
Ms. Becky Fox
Wetlands Regulatory Section -Region IV
U.S. Environmental Protection Agency
1307 Firefly Road
ittier, North Carolina 28789
s. Cyndi Karoly
Division of Water Quality
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Ken Averitte
Division of Water Quality
N.C. Department of Environment
and Natural Resources
225 Green Street., Suite 714
Fayetteville, North Carolina 28301
Mr. John Hammond
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Shari L. Bryant
N.C. Wildlife Resources Commission
1721 Mail Service Center
Raleigh, North Carolina 27699-1721