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Home My WebLink About20131191 Ver 1_USACE Correspondence_2013122713 -��91 DEPARTMENT OF THE ARMY _ WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208LE ASHEVILLE, NORTH CAROLINA 28801 -5006 REPLY TO �, 3 ATTENTION OF December 18, 2013 TER OUALiTY Stq,�nwalar Bre ch Regulatory Division 1-- lzm�T'S_c�L Action ID SAW - 2013 -02251 ( R.-Q-C. v c� ) Mr Randy Jameson Ingles Markets, Incorporated 2913 US Hwy 70 West Black Mountain, North Carolina 28711 Dear Mr Jameson Reference is made to your November 13, 2013, Department of the Army permit application in which you requested a permit for impacts to 553 linear feet of stream channel, 253 linear feet being replacement of existing culverts for the expansion of the existing Ingles Store #77 at 625 Spartanburg Highway, Hendersonville, in Henderson County, North Carolina The purpose of this letter is to provide you with comments received in response to the Public Notice dated November 22, 2013 and request that additional information be submitted to continue the review of your permit request By letter dated December 12, 2013, the North Carolina Wildlife Resource Commission ( NCWRC) provided comments in response to the Public Notice which are attached for your review NCWRC noted that the project will have no effect on trout Based on this finding, the proposed activities are not subject to the trout spawning moratorium No special conditions or modifications were recommended The Corps is also in receipt of correspondence from Mr Gary C Jones of 1111 Asheville Highway, Hendersonville, North Carolina, disputing ownership of a portion the proposed project area Please provide an update regarding the dispute between Mr. Gary Jones and Ingles Market, Incorporated, including a summary of your efforts to resolve the matter A copy of Mr. Jones' correspondence is attached for your reference We have reviewed your mitigation plan in accordance with the Wilmington District's Interagency Stream Mitigation Guidelines (2003) and the recently published federal rule entitled Compensatory Mitigation for Losses of Aquatic Resources (33 CFR Part 332) Please submit detailed information justifying your compensatory mitigation ratio of 1 1, including NCDWR Stream Data forms Please refer to the table below -2- A. General mitigation requirements associated with direct impacts to stream channels including culvert/pipe installations. This section provides the basic compensatory mitigation requirements (ratios) based solely on the quality of the stream being impacted and are intended to ensure that impacts to higher quality streams are adequately compensated. Stream quality determinations will be made on a case -by -case basis and site - specific conditions may warrant the adjustment of these ratios up or down. Table 1. Basic Compensatory Mttigation Requirements Associated with Impacts to Poor to Fair, Good, and Excellent Quality Streams. lExisting;Chanitei - Proposed' -�_' �_ _ C6mpensatory _= _-Basic Cote eusa'tory ualiEoiiditions* _ - =unavoidable ` ` = _ _ Miiibaiian`- ` _ _iYlitigation Requirement Y= - (4u2tti `hhbitaf /water- q Stream, impacts- - _ _`12atig= i - 1 L {i ineai fleet): oar.foFair __ 1b0' _ - Ish a = = I00- I_f-'; - -__ -Good; ____ _ - -- _- X00 ' = - - - = 2:I_= = _ _ _ -- z's 200_9_ - x�e�r�iit - ^3 _ Sao, = -_ -1==_' , Soo =��c _- JI * * 100 Linear feet of proposed channel impacts in column 2 was selected for demonstration purposes only If you would like to respond to these comments please do so no later than January 8, 2014 We have no further outstanding questions or comments regarding your application If you have any questions, please contact me at (828) 271 -7980, extension 224 Sincerely, William Elliott Regulatory Specialist Asheville Regulatory Field Office cc w /enclosures R Clement Riddle Clear Water Environmental Consultants, Inc 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 cc w/o enclosures Karen Higgins North Carolina Division of Water Resource 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Mr Bryan Tompkins U S Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 Mr David McHenry Mountain Region Coordinator 20830 Great Smoky Mountain Expressway Waynesville, North Carolina 28786