20181736 Ver 1_Comments to USACE_20190304

ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Director
David Brown
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Ave, Room 208
Asheville, North Carolina 28801-5006
Subject Project: Kenjack Farms
Dear Mr. Brown:
NORTH CAROLINA
£nvko=ental Quality
March 4, 2019
Corps Action ID# SAW -2017-01091
DWR# 20181736
Jackson County
On behalf of the NC Division of Water Resources (Division), we respectfully request that you
consider the following comments within your review of the 404 Individual Permit request for
the above referenced property:
1. The stated project purpose is to build a 2.1 acre pond for the enjoyment of the property
owner. The application does not clearly detail why the applicant cannot make sufficient
use of their property while avoiding discharge into jurisdictional waters.
2. The applicant has not provided a detailed alternatives analysis or a detailed avoidance
and minimization plan for the proposed project demonstrating that the project cannot
be practically accomplished in a manner which would avoid or result in less adverse
impacts to wetlands.
3. The Division has concerns about whether the wetlands proposed to be avoided will
continue to maintain their existing level of function upon construction of the proposed
pond.
4. The Division has concerns that the applicant's mitigation plan does not follow the
mitigation hierarchy strategy outlined by the USACE and has not been fully developed.
�y North Carolina Department of Environmental Quality I Division of Water Resources
D_E J� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
MUZZ" �� 919.707.9000

DWR # 20181736
Corps Action ID# SAW -2017-01091
Kenjack Farms
404 Comments
Page 2 of 2
Thank you for your considering the Division's comments during your review of this Individual
Permit. If you have any questions, please contact me at 336-776-9693 or
[e-mail].
Sincerely,
-4M
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Ronnie Dilbeck, CreekStone PLLC (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, USFS (via email)
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 20181736KenjackFa rms(Jackson)_404_Comments