20080675 Ver 2_Public Notice_20080822 (2)

Notification of a Public Notice from Wilmington District Regulatory...
Subject: Notification of a Public Notice from Wilmington District Regulatory Division, US Army Corps Of Engineers
From: "Wallace, Nancy SAW" <[e-mail]>
Date: Fri, 22 Aug 2008 14:14:43 -0400
BCC:
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public
Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each
Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http://www.saw.usace,army.miI/wetlands/notices/current notices.html . As with anything you download from the internet, be
sure to check for viruses prior to opening. The current notice involves:
PUBLIC NOTICE
ISSUE DATE: August 22, 2008
COMMENT DEADLINE : September 22, 2008
CORPS ACTION ID#: SAW-2008-2246
PROJECT DESCRIPTION : The Wilmington District, Corps of Engineers (Corps) has received an application from
Ammons Mountain Properties, Inc., seeking Department of the Army authorization to impact approximately 415 linear feet of
unnamed tributaries to Crooked Creek in conjunction with the construction of a pond amenity for the proposed Traditions
residential development. This project is located off of Crooked Creek and Paint Fork Roads northeast of Mars Hill in Madison
County, North Carolina.
POC: David Baker, telephone [phone] extension 225
EXPIRATION DATE: 5:00 p.m., September 22, 2008
I of 1 8/22/2008 2:17 PM
M PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: August 22, 2008
Comment Deadline: September 22, 2008
Corps Action ID #: SAW-2008-2246
The Wilmington District, Corps of Engineers (Corps) has received an application from Ammons
Mountain Properties, Inc., seeking Department of the Army authorization to impact
approximately 415 linear feet of unnamed tributaries to Crooked Creek in conjunction with the
construction of a pond amenity for the proposed Traditions residential development. This project
is located off of Crooked Creek and Paint Fork Roads northeast of Mars Hill in Madison County,
North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at v?\v v%. saw. usaee.army.miI/wetlands
Applicant: Ammons Mountain Properties, Inc.
Mr. Judd Ammons
140 Ammons Drive
Raleigh, North Carolina 27615
Agent: ClearWater Environmental Consultants
Mr. R. Clement Riddle
718 Oakland Street
Hendersonville, North Carolina 28792
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33
U.S.C. 1344).
Location
The site is located off of Crooked Creek Road, SR 1526, northeast of Mars Hill in Madison
County, North Carolina (35.8500°N, 82.4741°W). The site contains Crooked Creek, several
unnamed tributaries to Crooked Creek and Paint Fork Creek, as well as headwater and adjacent
small wetland seeps and a manmade pond. All stream channels on the site ultimately drain into
the French Broad River which is a navigable-in-fact waterway (HUC 06010105).
Existing Site Conditions
Traditions is forested, with the exception of portions of the northern and southern portions of the
property, which contains old home sites, outbuildings, a pond, and maintained lawn. There is a
small road network on either side of the ridge; however, there is not a road over the ridge. The
Mixed Mesic Forest community type dominants the landscape. This forest type occupies rich,
acidic, moist, well-drained sites and contains the most diverse plant communities in the
Southeast. The dominant tree species are American beech (Fagus grandifolia) and oaks,
specifically northern red oak (Quercus rubra) and white oak (Quercus alba). Other tree species
that are abundantly common in these forests include: ash (Fraxinus spp), hickory (Carya spp),
Fraser's magnolia (Magnolia fraseri), red maple (Acer rubrum), tulip poplar (Liriodendron
tulipifera), hemlock (Tsuga spp), and buckeye (Aesculus spp). All of these tree species were
observed within the Traditions project boundary. This forest type also has a very diverse shrub
and herbaceous layer. Species observed at this site include heart's-a-bustin' (Euonymus
americanus), mountain laurel (Kalmia latifolia), pepperbush (Clethra acuminata), ironwood
(Carpinus caroliniana), rhododendron (Rhododendron spp), spicebush (Lindera benzoin), wild
hydrangea (Hydrangea arborescens), black cohosh (Cimicifuga racemosa), bloodroot
(Sanguinaria canadensis), doll's eye (Actaea pachypoda), false Solomon's seal (Maianthemum
racemosa), galax (Galax spp), jewelweed (Impatiens capensis), mayapple (Podophyllum
peltatum), Christmas fern (Polystichum acrostichoides), liverleaf (Hepatica americana), and
alumroot (Heuchera americana).
Streams on site include Crooked Creek and unnamed tributaries; and unnamed tributaries to
Paint Fork. There are approximately 2 miles of stream channel within the property boundary.
All streams are classified by the NC Division of Water Quality (DWQ) as Watershed Water
Supply II (WS-II) and High Quality Waters (HQW). In general, unnamed tributaries to Crooked
Creek flow south to north and unnamed tributaries to Paint Fork flow north to south. In general,
Crooked Creek and Paint Fork flow east to west and eventually into the French Broad River via
Middle Fork, Little Ivy Creek, and Ivy Creek. The majority of streams within the Crooked
Creek drainage area are bordered by mature riparian forests. Riparian areas along the main stem
of Crooked Creek and the tributary adjacent to the existing drive have been impacted; Crooked
Creek has minimal riparian area through the property. The majority of streams within the Paint
Fork drainage area are bordered by mature riparian forests. Riparian areas along the stream
adjacent to the existing drive (Bradley Branch Road) have been impacted by the road and
residential development; riparian areas along this section of stream are absent.
There are several wetlands located on site. The majority of these wetlands have been identified
as wetland seeps and are at the head of jurisdictional channels or adjacent to their associated
channels.
One impoundment exists on site. This pond impounds an unnamed tributary to Crooked Creek
and is approximately 0.07 acres. The pond is located north of the existing houses, south of the
existing tobacco barn, and west of the existing driveway. Significant amounts of sediment have
accumulated in the pond and the dam appears to be damaged.
Applicant's Stated Purpose
The basic project purpose of the proposed development is to provide residential housing with
amenities. More specifically, the overall project purpose of the proposed development is to
develop a viable, upscale, residential community with a small pond amenity in Madison County,
North Carolina.
Project Description
The proposed project calls for the development of 155 single-family lots and all associated
infrastructure. Also, included in development plans is a small amenity pond with a surface area
of approximately 0.73 acres.
The applicant proposes to permanently impact 415 linear feet of stream channel in conjunction
with construction of the pond. The project will include four permanent stream impacts associated
with pond construction. Sixty linear feet of impacts are necessary for construction of the dam;
355 linear feet of stream channel will be flooded. The dam also serves as a roadway crossing for
vehicular access within the subdivision. A cold-water release will be incorporated into the
design to minimize downstream aquatic impacts. Permanent fill and flooding impacts associated
with pond construction are identified in the table below.
Traditions Pond Impacts
Stream
Impact Linear Feet
A 177
B 68
C 110
D 60
Total 415
The other new stream roadway crossings will utilize bridges with no jurisdictional impacts.
The applicant proposes mitigating for the stream channel impacts at a compensatory mitigation
ratio of 2:1 for dam impacts and 1:1 for flooding impacts. Ammons Mountain Properties, Inc.
proposes to partially mitigate for unavoidable impacts at a mitigation ratio of 5:1 through
preservation of portions of remaining streams on the site. Approximately 1,775 linear feet of
streams will be preserved, along with a 30-foot wide buffer on each side of the stream. Upland
buffers will total approximately 2.44 acres. Restrictive covenant language will be consistent
with model language provided by the US Army Corps of Engineers, Wilmington District. The
remaining balance of 60 linear feet will be compensated for at a 2:1 ratio through payment into
the EEP in-lieu fee program. By letter dated July 17, 2008, EEP has indicated they are willing to
accept payment for impacts associated with development at Traditions.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
September 22, 2008.
In addition, this project may be located in a watershed subject to Tennessee Valley Authority
(TVA) permit requirements pursuant to Section 26a of the TVA Act. This Public Notice and all
application materials are being forwarded to the Holston-Cherokee-Douglas Watershed Team,
Attention: Susan B. Fuhr, Manager, 3726 E. Morris Boulevard, Morristown, TN 37813-1270.
Questions or comments regarding Section 26a permit requirements should be directed to the
above address.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination
is that the proposed project would not adversely impact EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or would be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
4
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public, Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor,
Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, September 22, 2008. Comments should be
submitted to USACE, Attn: David Baker, 151 Patton Avenue Room 208, Asheville, North
Carolina 28801.
Traditions
Madison County
North Carolina
CLEARWATER
Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
USGS Topo Map
Bamardsville Quad
Figure 2
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I CLEARWATER
Traditions Environmental Consultants, Inc. FEMA Flood Insurance Rate Map
I Madison County 718 Oakland Street Figure 5
I North Carolina Hendersonville, NC 28791
111 828-698-9800

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SHEET M•1 IMPACTS PLAN TOTAL TOTAL CREEK IMPACTS= CREEK PRESERVATION 4- 5,7LF.
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I TRADITIONS I TOTAL CREEK IMPACTS-415 L.F.
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MADISON COUNTY. NORTH OAROLINA