20051117 Ver 1_USACE Correspondence_20050624

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
June 23, 2005
Regulatory Division
Action ID No. 200520968
Mr. Lang Wilcox
Lissara, LLC
1210 Forrest Wood Drive
Lewisville, North Carolina 27023
Dear Mr. Wilcox:
015 - III
FJUN 2 4 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Please reference the permit application received in our office on June 22, 2005, submitted
on your behalf by Mr. Christopher Huysman of Wetland and Natural Resource Consultants, Inc.,
for individual Department of the Army (DA) permit authorization for the proposed placement of
fill material into 0.04 acre of wetlands and 1,318 linear feet of stream channel, and the flooding
of 6,714 linear feet of stream channel associated with the constriction of three impoundments
and two road crossings necessary for the development Lissara Subdivision. The project is
approximately 132 acres in size and is located to the north of Shallowford Road and west of
Conrad Road, in Lewisville, Forsyth County, North Carolina.
Federal regulations in 33 CFR 325.1(d) list the information required for the submittal of a
complete individual permit application, including the names and addresses of adjoining property
owners. Based upon a review of local property records, I have determined that your application
did not include the names and addresses of all property owners adjacent to the proposed
development. Please submit a list of all property owners whose parcels adjoin the proposed
development. Regulations also require that you submit a list of authorizations required by other
federal, interstate, state, or local agencies for the work, including all approvals received or
denials already made.
Additionally, plans submitted with your application are insufficient for review of the proposed
impacts, and there appear to be discrepancies between impacts listed in the permit application
and those shown on the plans. The extent of impact to wetlands resulting from lake construction
is unclear, and the project narrative references a 28-acre lake, while plans show a 32-acre lake.
Please verify that stated impacts and project description match the figures. Also, please provide
plans that show more detail for the proposed road crossings. The above information is essential
for our preparation of a public notice and is required to complete your permit application.
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During my review of your application, I also identified several other areas where additional
information will be required as part of the review of your permit application. Plans submitted
with your application do not clearly indicate the locations of dissipater pads that may be required
downstream of the dam for Pond 1. Additionally, please provide a description of the sequencing
of construction events and the proposed plans for sediment and erosion control.
Also, note that on February 6, 1990, the DA and the US Environmental Protection Agency
(EPA) signed a Memorandum of Agreement (MOA) establishing procedures to determine the
type and level of mitigation necessary to comply with the 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 minimize impacts on waters and wetlands; and finally, compensating for any remaining
unavoidable impacts to the extent appropriate and practical. Following a review of the
application, I determined that several items of information required for the processing your
pending application in full compliance with this MOA are either lacking or insufficient. I
request that you provide the following information in support of your permit application:
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, however the plans
submitted with your application do not provide enough detail to allow us to make this
determination. Please identify any other sites that you considered as potential alternatives to the
proposed site, or provide an explanation as to why no other sites were considered.
b. It is necessary for you to have taken all appropriate and practical steps to minimize
wetland losses. Please indicate all that you have done, especially regarding the modification of
plans and proposed construction techniques, to minimize adverse impacts (i.e., to reduce the
discharge of fill material into waters of the United States as much as practicable). Your response
should address alternate site layouts and construction techniques that may result in reduced
impacts to aquatic resources. For instance, explain why it is not possible to reduce the size of the
main lake or combine the stormwater and aesthetic ponds into one impoundment.
c. The MOA requires that appropriate and practical mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practical minimization has been
employed. Your application stated that it is your intention to mitigate for unavoidable impacts to
streams and wetlands by providing payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please furnish verification from NCEEP that they are willing to accept
payment for the proposed mitigation. Your application also states that remaining streams and
wetlands will be preserved under a permanent protective covenant. Please provide a map that
shows the on-site preservation areas, and provide a draft copy of the restrictive covenants
proposed. Please note that it is important that we approve these restrictions prior to the sale or
transfer of any lots that may contain preservation areas (e.g., lots 29, 30, and 31). Furthermore,
we encourage you to consider preserving riparian buffers around the proposed impoundments as
part of your mitigation plan.
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This information is essential to our expeditious processing of your permit application.
Should you have any questions regarding this letter or your DA permit application, or wish to
schedule a consultation with interested Federal and State agencies, please do not hesitate to
contact me at telephone [phone], Extension 26.
Sincerely,

Todd J. Tugwell
Regulatory Project Manager
Raleigh Field Office
Copies Furnished:
Mr. Christopher Huysman
Wetland and Natural Resource Consultants, Inc.
Post Office Box 224
Newton, NC 28658
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
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