20070168 Ver 2_Public Notice_20100112

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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: 12 January 2010
Continent Deadline: 12 February2010
Corps ORM ID: SAW-2007-200-359
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 www.saw.usace.AM.mil/wetlands
Applicant: Fall Creek Land Company
ATTN: Mr. Todd Black
1340 Westgate Center Drive
Winston-Salem, North Carolina 27103
AGENT: C1earWater Environmental Consultants, Inc.
ATTN: Mr. R. Clement Riddle
718 Oakland Street
Hendersonville, North Carolina 28791
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water
Act.
Location
The Grandview Peaks project site is located southwest of Dysartsville in McDowell County,
North Carolina. To access the site from Asheville, take I-40 East to Exit 86 (State Route 226).
Turn left (south) onto State Route 226 and continue approximately eight miles to Vein Mountain
Road on the right. Turn right onto Vein Mountain Road and continue approximately one mile.
Turn left onto Landis Lane and continue approximately 1 mile. Turn right onto Joe Branch Road
and continue to the Grandview Peaks entrance gate on the right. In general, the site is bordered
to the north by Vein Mountain Road, to the south by the McDowell/Rutherford County line, to
the east by U.S. Highway 64, and to the west by Coal Pit Mountain and South Muddy Creek.
Lookadoo Mountain is located on the southern portion the property. A site vicinity map and
USGS topographic map are attached for review. Latitude and longitude for the site are
35.550833 N and 81.875555 W, respectively.

Existing Site Conditions
The Grandview Peaks residential development is located on steep, forested terrain in the
Mountain physiographic region of North Carolina and more specifically the Eastern Blue Ridge
Foothills Ecoregion. The development has been under construction for several years and
currently includes a number of platted properties with existing homesites. The site encompasses
the Lookadoo Mountain topographic feature in the southern portion, the Coal Pit Mountain
topographic feature to the northwest, and is bisected by the Broad River and Catawba River
watersheds. The headwaters of Hoppers Creek, Weaver Branch, Shoal Creek, Kelly Branch,
South Muddy Creek, and Big Camp Creek are on the site.
Plant communities present within the subject site include Hemlock Forest, Mesic Mixed
Hardwood Forest, White Pine Forest, Bottomland Hardwood, Clear Cut/Young Pine Forest,
Successional Areas, Stream Channels, and Jurisdictional Wetlands. Community descriptions
listed below were taken from the permit application submitted on January 16, 2007 by
MACTEC.
Hemlock Forest is found in limited areas within the proposed subject site primarily along
Lookadoo Mountain within the ravines. This plant community is generally found on sheltered
slopes. Canopy composition of this community is dominated by eastern hemlock (Tsuga
canadensis), with occasional tulip poplar (Liriodendron tulipifera) and white pine (Pinus
strobus). Midstories within this community are either absent due to thick clustering of overstory
stems, or comprised of dense areas of rhododendron (Rhododendron maximum) with doghobble
(Leucothoe axillaris) or mountain laurel (Kalmia latifolia).
Mesic Mixed Hardwood Forest is the largest remaining natural plant community within the
proposed development area. Canopy composition of this community is varied, consisting of
tulip poplar, eastern hemlock, northern red oak (Quercus rubra), white oak (Quercus alba),
sweetgum (Liquidambar styraciflua), American beech (Fagus grandifolia), and red maple (Acer
rubrum), with scattered areas of big leaf magnolia (Magnolia fraseri), white pine, and shortleaf
pine (P. echinata). Midstory vegetation includes sapling sized stems of canopy species as well
as mountain laurel, ironwood (Carpinus caroliniana), flowering dogwood (Corpus florida), and
black cherry (Prunus serotina). Herbaceous vegetation includes trillium (Trillium sp.), poison
ivy (Toxicodendron radicans), Solomon's seal (Polygonatum pubescens), false Solomon's seal
(Smilacina racemosa), and scattered arrowleaf heartleaf (Hexastylis arifolia). Tag alder (Alnus
serrulata)'Christmas fern (Polystichum acrostichoides), soft rush (Juncus effusus), and cardinal
flower (Lobelia cardinalis) are present adjacent to or in wetter areas.
White Pine Forest is found in small, scattered pockets within the proposed subject site along
ridge tops. Vegetation in this community consists of pure stands of white pine with few
hardwood species as found in the mesic mixed hardwood forest habitat. Midstory and
understory vegetation is generally absent.
The Bottomland Hardwood Forest community type can be separated into two distinct categories:
(1) jurisdictional bottomland hardwoods and (2) non jurisdictional bottomland hardwoods
(disturbed). The jurisdictional bottomland hardwood communities are typically dominated by
sweetgum, red maple, and green ash (Fraxinus pennsylvanicum) in the overstory and midstory,
and Jack-in-the-Pulpit (Arisaema triphyllum), pawpaw (Asimina triloba), and numerous species
of fern in the understory. Very few locations existed of this community type within the subject
property boundary.
Non jurisdictional bottomland hardwood forests are typically found in the floodplain areas, but
may not meet the criteria for jurisdictional wetlands. Non jurisdictional bottomland hardwood
areas were typically dominated by species such as red maple, sweetgum, and tulip poplar, in the
overstory. Midstory species typically include ironwood, winterberry (Ilex verticilata), and
Rhododendron sp.
Clear Cut/Young Pine Forest was one of the most common types of habitat encountered at the
subject site. This habitat type is dominated by Virginia pine, (P. virginiana) and white pine.
Some of these forests are a result of clear cutting and natural regeneration. Other species found
among these successional forests include blueberry (Vaccinium spp.), blackberry (Rubus sp.),
catbrier, and a variety of small hardwood saplings and native grasses.
Successional Areas are limited to logging areas that have been subjected to recent clearing and
are currently regenerating. Canopy vegetation has been removed due to extensive recent
silvicultural activities by the previous landowners. These areas are generally found adjacent to
stream channels and on adjacent slopes. Herbaceous vegetation dominates these areas and
includes poison ivy, blackberry, American beautyberry (Callicarpa americana), and wild rose
(Rosa sp.).
Approximately 14 miles (75,165 linear feet) of perennial streams are located on the subject site.
Many gravel bottom stream types exist throughout the subject site within the southern, eastern,
and western portions of the property. These stream types have a low to moderate sinuosity and
very low width/depth ratios, which allow for little deposition. These woodland stream types
typically have banks that are stabilized by extensive riparian or wetland vegetation that forms
dense root mats.
Sand bottom stream types were also found within the northern portion of the property primarily
within the proposed impoundment areas. These stream types are moderately entrenched with a
moderate gradient; they are riffle-dominated channels with infrequently spaced pools. Sand
bottom streams are typically located within stable, relatively narrow, moderately sloping valleys.
Jurisdictional wetland areas within the subject site are small in areal extent, with the largest
contiguous wetland system totaling approximately 0.30 acre. The majority of the remaining
wetland systems were less than 0.10 acre in areal extent. All wetland systems are associated
with and have direct connection to stream channels. The small wetland systems located
throughout the site are floodplain or headwater seep wetlands.
Vegetation in the majority of the wetland systems is herbaceous in nature, ranging from large
areas of jewelweed, royal fern, cinnamon fern, and cardinal flower to areas of soft rush. A few
of these areas appear to have been subjected to clearing activities in the past and are currently
regenerating. A series of logging roads parallels many of the stream channels. Several wetland
systems may have been created by historic mining activities adjacent to the stream channels as
evidenced by spoil piles.
The Grandview Peaks project site is located within the Mountain physiographic region of North
Carolina and more specifically the Eastern Blue Ridge Foothills Ecoregion. Two soil
associations are present on site; they are the Evard-Cowee association and the Hayesville-Evard
association. The Evard-Cowee association is classified as moderately steep or steep, well
drained soils that have a loamy subsoil. This association is found on uplands in the mountains.
The Hayesville-Evard association is classified as sloping to steep, well drained soils that have a
predominantly clayey or loamy subsoil. This soil association is found on intermountain uplands
and foothills. As determined by MACTEC and confirmed by CEC, the following soil series are
present on site: Evard loam, Evard-Cowee complex, Hayesville clay loam, Hayesville loam,
Hayesville-Evard complex, Itola sandy loam, and Potomac-Itola complex. A soils map and
legend have been attached for review.
Applicant's Stated Purpose
The basic project purpose of the proposed development at Grandview Peaks is to provide
residential housing. More specifically, the overall project purpose of the proposed development
at Grandview Peaks is to develop a viable, upscale, residential, community with amenities in
McDowell County, North Carolina.
Project Description
The proposed project calls for the development of approximately 760 single-family lots and all
associated infrastructure. Also, included in development plans are two amenity lakes with a
surface area of approximately 25 acres and 9 acres.
The approximately 2,055-acre site contains approximately 75,165 linear feet of jurisdictional
stream channel and approximately 2.28 acres of jurisdictional wetlands. The applicant proposes
to permanently impact 695 linear feet of stream channel and 0.04 acre of wetland for
construction of two dams (hard impacts), 5,970 linear feet of stream channel and 0.69 acre of
wetland for subsequent flooding (secondary impacts), and 20 linear feet (and 90 linear feet of
impacts to be considered cumulatively) for infrastructure road crossings (hard impacts) to
achieve the previously stated project purpose through the development of a residential
community with lake amenities. The larger dam (25 acres) will have a dam height of
approximately 96 feet; the smaller dam (9 acres) will have a dam height of approximately 40
feet. Both dams will be considered high hazard by North Carolina Law (Title 15A, Subchapter
2k: Dam Safety). Total impacts at the site are 6,775 linear feet of stream and 0.73 acre of
wetlands. There are 8 permanent stream and wetland impacts associated with the development
of Grandview Peaks. These impacts have been identified on the site plan, which is enclosed for
review. As part of this project, 62,000 linear feet of stream will be preserved for mitigation
along with 90 acres of 30-foot to 60-foot buffers.
The project will include 4 permanent stream impacts associated with lake construction.
Approximately 695 linear feet of impacts are necessary for construction of the dams; 5,970 linear
feet of stream channel will be flooded. To minimize the downstream aquatic impacts, the dam
designs will include a cold water release, a low-flow release pipe (maintaining 7Q10 flows
during low-flows), anti-seep collar, and outfall designed to aerate water released from the dam.
Permanent fill and flooding impacts associated with lake construction are identified in the table
below.
Grandview Peaks Lake Impacts
Stream
Impact Linear Feet
2 420 dam
5 275 (dam)
6 1,390 (flooding)
7 4,580 (flooding)
Total 6,665
Wetland
Impact Acres
1 0.43 (flooding)
3 0.26 (flooding)
4 0.04 dam
Total 0.73
A Nationwide Permit 39 was issued to the applicant in May of 2006 for the extension of two
existing culverts on site; these crossings are indicated on the site plan and considered
cumulatively in this application. The current project includes one culvert extension.
Permanent fill impacts associated with road and infrastructure development are identified in
the table below.
Grandview Peaks Road Impacts
Stream
Impact Linear Feet
8 20
Previously Permitted 90
Total 110
All lots are buildable without additional road or driveway impacts.
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 in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ
for 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 12 February 2010.
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 will 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 will 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
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, 12 February 2010. Comments should be
submitted to Ms. Amanda Jones, U.S. Army Corps of Engineers, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801-5006.
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PROJECT DATA
TOTAL PROJECT AREA +/- 2,055 ac
JURISDICTIONAL WATERS OF THE US
Streams 75,165 If
Wetlands 2.28 ac
Open Water 0 ac
JURISDICTIONAL IMPACTS
Roads
Streams 201f
Permitted Stream Impacts
(to be considered cumulatively) 90 if
Wetlands 0 ac
Total 110 if and 0 ac
Lakes
Streams (Dam) 6951f
Streams (Flooding) 5,9701f
Wetlands (Dam) 0.04 ac
Wetlands (Flooding) 0.69 ac
Total 6,6651f and 0.73 ac
Utilities
Streams 0 if
Wetlands 0 ac
Total 0 if and 0 ac
HAPACT GRAND TOTAL 6,775 If and 0.73 ac
AV OIDANCE%NIINIMIZATION
Streams 68,390 ft
Wetlands 1.55 ac
MITIGATION
Streams
Preservation 62,000 if
Preservation of Upland Buffer
(30-60 feet wide) 90 ac
EEP 6951f
Wetlands
Preservation 1.55 ac
EEP 0.5 ac
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Project Data