20191577 Ver 1_CorpsResponse_011720_20200117

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
January 17, 2020
Regulatory Division
SUBJECT: Project Ranger, USACE Action ID SAW-2019-01867, Buncombe County
Mr. Lee E. Thomason III
Vice -President
Biltmore Farms, LLC
One Town Square Boulevard
Suite 330
Asheville, North Carolina 28813-5355
Dear Mr. Thomason,
The U.S. Army Corps of Engineers' (Corps) Asheville Regulatory Field Office
received your correspondence dated January 9, 2020, describing certain clearing and
grading activities that Biltmore Farms intends to undertake at the Project Ranger site
prior to May 15, 2020. As we have discussed with you on a number of occasions, the
decision to move forward with these activities prior to the completion of Endangered
Species Act (ESA) consultation/coordination with U.S. Fish and Wildlife Service (FWS)
and National Historic Preservation Act (NHPA) consultation/coordination with the N.C.
State Historic Preservation Office (SHPO), may unintentionally result in a delay of the
Corps' final permit decision and additional project costs. Both consultation/coordination
procedures with these agencies for those areas and resources that are within the Corps'
ESA action area(s) and NHPA permit area(s) must be completed before the Corps can
make a final permit decision on whether or not to issue federal authorization for your
project. Please note, the ESA action area(s) and NHPA permit area(s) typically extend
beyond jurisdictional Waters of the United States (WoUS).
It is our experience that consultation/coordination procedures with FWS and SHPO
often result in specific project conditions and requirements that shape and/or re -shape
proposed development activities. By conducting the clearing and grading activities
noted in your letter prior to the conclusion of consultation/coordination with the FWS and
the SHPO, Biltmore Farms assumes a level of risk that initial development activities:
1. may be inadequate;
2. may cause harm to the resource(s) (e.g., federally listed species, historic
properties, etc.) which would then require resolution of the harm;
3. may cause the Corps' final permit decision to be delayed while resolution(s) are
coordinated with the FWS and/or the SHPO;
4. may require additional unforeseen work for Biltmore Farms; and/or,

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5. may result in additional expense to Biltmore Farms.
Lastly, conducting any development activities within the project area prior to the
conclusion of any required consultation/coordination by the Corps, and a final permit
decision by the Corps, may not be used as justification for authorization of the proposed
impacts currently under review, or authorization of future impacts.
We understand the urgency of the timeline and will work with the agencies/parties
involved to expedite our permit review but any review and subsequence permit
authorization will be done in accordance within the laws and policies dictating those
consultation procedures.
Should you have any questions, please contact me at [phone], extension
4225, or via email amanda.ionesPusace.army.mil.
Sincerely,
Amanda Jones Fuemmeler
Regulatory Project Manager
cc (via Email):
U.S. Fish and Wildlife Services - Mr. Byron Hamstead
N.C. State Historic Preservation Office - Ms. Renee Gledhill -Early
N.C. Division of Water Resources - Mr. Andrew Moore
ClearWater Environmental - Mr. Clement Riddle