20070168 Ver 1_USACE Comments_20090126

Grandview-as promised
Subject: Grandview..as promised
From: "Jones, Amanda D SAW" <[e-mail]>
Date: Mon, 26 Jan 2009 14:16:23 -0500
To: "Ian McMillan" <ian. mcmillan@ncmail. net>
Sorry I didn't get this out sooner. I'm sure I'll get a call on this one..if
we do decide to set up a meeting with them, do you want to be involved?
Amanda Jones
Regulatory Project Manager
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
office: (828)-271-7980 x.231
fax: [phone]
web: httD://www.saw.usace.armv.mil/wetlands
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January 26, 2009 2:09 PM
anda D SAW
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1 of 1 1/26/2009 2:13 PM
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
January 26, 2009
Regulatory Division
Action ID. 2007-200-359
Mr. Todd Black
Fall Creek Land Company
Post Office Box 638
Hickory, North Carolina 28603
Dear Mr. Black:
Reference is made to your June 27, 2008 submittal which responded to comments received
from the Public Notice for your pending Department of the Army application in which you have
requested a permit for impacts to stream channels and wetlands associated with the proposed
construction of two lakes to service a proposed development known as Grandview Peaks,
southeast of Dysartsville, in McDowell County, North Carolina. Reference is also made to your
December 29, 2008 submittal regarding final proposed impacts and mitigation plan.
We have reviewed the June 27, 2008 submittal in which you provided more information on
your project purpose/need and alternatives analysis. Based on our review, the information you
provided still does not adequately justify the need for the proposed impoundments and there are
several other alternatives both on and off-site that could meet your purpose/need and thereby
reduce impacts to waters of the U.S. Specifically, your proposed need for irrigation sources for
fire suppression could be reasonably and practicably met by using existing impoundments in the
immediate vicinity of the proposed development. Also, the need for irrigation for fire
suppression should have been incorporated into the overall design for the project and
landscaping techniques can still be utilized to prevent and minimize wildfire incidents. We
suggest you contact the North Carolina Division of Forest Resources Firewise Program
(www.ncfirewise.org) for more information on how to minimize wildfire risk in your
development. Your submittal also references the review of several locations for watershed ponds
and for other smaller, on-line impoundments. Your review stated that none of these six
alternatives were determined to be viable and would not meet your purpose/need. We disagree
with this assessment and believe that a combination of one or several of these small
impoundments/watershed ponds along with the use of landscaping techniques, and the use of off-
site impoundments for emergency water access would meet the overall project purpose/need.
Also, please reference your most recent submittal dated December 29, 2008 in which you
2
finalized proposed impacts and the corresponding mitigation plan. We have had several
conversations and correspondence with your consultant regarding the calculation of needed
credit for the proposed impacts. Based on the most recent submittal, you have calculated that 760
linear feet of credit is needed for impacts to stream channels associated with fill and that 10,747
linear feet of credit is needed for impacts to stream channels associated with inundation. You are
proposing payment into NCEEP for the fill and then proposing the preservation of 14,258 linear
feet of on-site stream channel to compensate for the flooding impacts. Based on the current
Interagency Stream Mitigation Guidelines, preservation credit is generated at a 5:1 to 10:1 range.
Assuming the lowest ratio was given, the credit generated would only be 2,851 linear feet which
is substantially less than the credit needed that has been calculated. Currently, the proposed
mitigation plan is still considered inadequate and does not compensate for impacts to aquatic
resources on the site as proposed.
The information that you have provided regarding purpose/need, avoidance/minimization,
and on/off-site alternatives does not justify the project as proposed and there are reasonable and
practicable alternatives that exist that could meet your purpose/need. Based on the information
we have received to date, we can not issue a Department of the Army permit for impacts to
aquatic resources if there are lesser damaging practicable alternatives that exist. We suggest you
modify your permit request to utilize these practicable alternatives and thereby avoid and
minimize impacts to aquatic resources on the site. If we do not receive a modified permit request
from 30 days from the date you receive this letter, we will move toward denial of your permit
application. If you would like to withdraw your permit application, please notify our office in
writing.
If you have any questions, please contact me at (828)-271-7980, extension 231.
Sincerely,
oto" --
Amanda Jones
Acting Field Office Chief
Asheville Regulatory Field Office
Enclosures
Copy furnished:
Mr. Robert Sain
MACTEC Engineering & Consulting, Inc.
1308-C Patton Avenue
Asheville, North Carolina 28806
Mr. Ian McMillan
North Carolina Division of Water Quality
401 Oversight & Express Review
1650 Mail Service Center
Raleigh, NC 27699-1650
Mr. Brian Cole
Asheville Field Office
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801