20080675 Ver 2_Other Agency Comments_20081007

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID. SAW-2008-2246
Mr. Judd Ammons
Ammons Mountain Properties, Inc.
140 Ammons Drive
Raleigh, North Carolina 28615
Dear Mr. Ammons:
October 1, 2008
T(,r-,:? M TM D
OCT 7 2008
WETLANDS AND STORMWA R BRANCR
Reference your July 31, 2008 application for 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 off
of SR 1526, Crooked Creek Road, northeast of Mars Hill in Madison, North Carolina.
Your proposal to fill and impound reaches of unnamed tributaries to Crooked Creek was
advertised by public notice dated August 22, 2008. Agency comments in response to the notice
were received from the US Fish and Wildlife Service (USFWS), the North Carolina Wildlife
Resources Commission (NCWRC), and the State Historic Preservation Office (SHPO) in letters
dated September 25, 2008, September 19, 2008 and September 17, 2008 respectively. The
USFWS and NCWRC recommended denial of your application based upon anticipated adverse
environmental impacts. Additional comments were received from individual citizens and the
Southern Environmental Law Center on behalf of the Western North Carolina Alliance. The
comments received are enclosed for your information and to provide you with the opportunity to
address any of the stated concerns.
We suggest that you revise your plans to satisfy the interests of the objecting agencies.
Two obvious alternatives which would avoid and/or minimize impacts to the aquatic
environment would be to construct one or more off-line ponds, or to rehabilitate the existing
pond on the property.
Please provide any responses to these comments, in writing, on or before October 31, 2008.
If you have any questions, I may be reached at [phone], extension 225.
Sincerely,
David K. Baker
Project Manager
Asheville Regulatory Field Office
Enclosures
2
CF w/encls:
Mr. Clement Riddle
ClearWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
CF w/o encls:
Ms. Cyndi Karoly
NCDENR - Division of Water Quality
Wetland/401 Unit
2321 Crabtree Boulevard
Raleigh, North Carolina 27604-2260