20060180 Ver 1_Public Notice_20060420

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US Army Corps
-" PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: April 19, 2006
Comment Deadline: May 19, 2006
Corps Action ID #: 200630172
The Wilmington District, Corps of Engineers (Corps) has received an application from Ginn-
Laurel Creek GP, LLC seeking Department of the Army authorization to impact 0.18 acre of
jurisdictional wetlands and 6331 linear feet of stream for the construction of two 18-hole golf
courses, including five impoundment lakes, associated with the low-density Laurelmor resort
community in Watauga and Wilkes Counties, North Cazolina.
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.army.lniUwetlands
Applicant: Ginn-Laurel Creek GP, LLC p ~ ~ ~ ~~ ~ D
Attn: Mr. Doug Miller
389 Little Laurel Road Extension RPR 2 ~ 206
Boone, North Carolina 28607
DENk. -WATER 4UALIlY
AGENT: E'nV Environmental Consulting Services, Inc. ~~pSq~,~pgT(~MWATERBRANCH
Attn: Mr. John C,Vilas
3764 Rominger Road
Banner Elk, North Carolina 28604
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 proposed project, Laurelmor, is located on an escarpment of the Blue Ridge physiographic
region in the Elk and Blue Ridge Townships, Watauga and Wilkes Counties, North Carolina
(36.155347°N, -81.530937°W). The site is bounded on the west by Sampson Road (SR 1526),
on the east by Elk Creek Road (SR 1508), and is about two miles below the Blue Ridge Pazkway.
The property is approximately 6050 acres. The site contains wetlands as determined by the
USACE 1987 Wetland Delineation Manual that are adjacent to several jurisdictional streams on
site. The northern portion of the tract drains into South Fork Laurel Creek. Laurel Creek
confluences with Elk Creek near the eastern boundary of the property. Several tributaries drain

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the eastern section of the tract directly into Elk Creek. Dugger Creek drains a lazge portion of
the tract's interior. The southwest region of the site drains into Little Dugger. Little Dugger
Creek flows into Dugger Creek at the southern boundary of the property. Dugger Creek flows
into Elk Creek approximately 1-mile below the property. A small azea of the property to the
west of Little Dugger Mountain forms the headwaters of Tony's Branch. Horton Branch drains
approximately 350-acres of the project area. Both Horton and Tony's Branch flow into Joe's
Creek. These streams are tributaries the Yadkin River. The Yadkin River is a tributary to the
Pee Dee River, which is navigable in fact below the Blewett Falls Dam.
Existing Site Conditions
The proposed Laurelmor project area is representative of valley and ridge topography common
throughout the Blue Ridge Mountains. Rugged ridges and steep side slopes (30-50%) typically
characterize the uplands throughout the site. Vertical and neaz vertical rock outcroppings are
frequent across the property. Scree fields, formed by an accumulation of unconsolidated rock
debris, are present along mid to upper coves in the northwestern portion of the property. Valley
bottoms along streams are generally narrow and steep to moderately sloping. Benches above
stream channels and along side slopes aze relatively infrequent. Elevations across the site
generally decrease from Mast Knob (approximately 3500 feet) southeast to the confluence of
Dugger Creek and Little Dugger Creek (approximately 1400 feet).
There has been relatively little human activity across most of this site. The project area consists
primarily of undeveloped forested land. Logging occurred throughout the site in the late 1930s
and early 1940s and was followed by a substantial fire. Approximately 50 acres was cultivated
throughout the first half of the 20`h century, but has since reverted to mature forest. A second
timber harvest occurred on portions of the site in the late 1980's resulting in the construction of
numerous logging roads and skidder trails. There aze numerous first order streams that still
suffer from the excessive erosion and sedimentation induced during this logging event. The only
structures located within the 6050-acre tract are an old fire tower atop Dugger Mountain and a
simple camping shelter located along Dugger Creek. Road improvements from Triplett Road
along the ridges have been the primary recent work.
Ten named blue line streams and fifteen intermittent streams were identified from the USGS
topographic quadrangles. That number grew to 350 intermittent and perennial streams
amounting to approximately 64 miles of channel after the completion of a field investigation of
the property. In general the property drains to the southeast. Numerous headwater basins with
intricate dendritic drainage patterns aze found throughout the site. The northern portion of the
tract drains to South Fork Laurel Creek. The eastern section drains to Elk Creek, which is the
primary collector for the site as South Fork Laurel Creek and the Dugger Creek system drain to
it. The majority of the center of the property drains to Little Dugger Creek, a tributazy to Dugger
Creek. All of the streams in this system (including these tributazies: Swift Ford, Flat Branch,
Pine Knob, Long Cove, and Puncheon Cove) have been classified as by the NCDWQ as Trout
Waters and Outstanding Resource Waters. A small section of the western side of the property

forms the headwaters of Tony's Branch. Horton Branch drains approximately 350-acres of the
project area. Both Tony's and Horton Branches are classified as Trout Waters. All streams are
well shaded with a mix of hazdwood and conifer trees and shrubs and often a dense under story
of rhododendron.
A wetland delineation report was prepared and submitted to the USACE on November 16, 2005.
There were a total of 8.27 acres of jurisdictional wetlands delineated. They were generally
restricted to narrow strips and small benches along stream corridors. There were three distinct
types of wetlands identified. These were riparian forests, high elevation seeps, and a high
elevation wet meadow. The riparian forest wetlands aze scattered throughout the site and are
located within valleys containing pockets of riparian and abandoned side channel wetlands. The
hydrology is typically provided by fluctuating stream levels, ground water dischazge, and direct
surface runoff. Dryer habitats aze often embedded within these areas and the transition between
them is usually mazked by an abrupt topographic break. High elevation seeps are ground water
fed wetlands located at the head of streams and along stream channels. They were formed as a
result of the underlying geology. Vegetation typically found in these azeas included Acer
rubrum, Smilax rotundifolia, Leucothoe sp., Betula lenta, Juncus effuses, and Carex sp.
The wet meadow occupies approximately 0.36 acres and is located near the head of a significant
tributary to Dugger Creek at an elevation of approximately 2030 feet. This wetland is formed by
multiple seeps with substantial discharge into a broad valley area of moderately low-grade along
a relatively high-elevation shelf. A braided and sinuous perennial stream dissects the site,
creating an intricate drainage network across the surface. It differs from the riparian wetlands by
having fewer shrubs and trees. This is a result of continually inundated and/or saturated
conditions. Typical vegetation within this area included Carex sp., Juncus effuses, Lobelia
cardinalis, Yitus sp., Rhododendron calendulaceum, Fraxinus pennsylvanica, and Osmunda
cinnamomea.
Applicant's Stated Purpose
The applicant has proposed to construct aloes-density, residential resort development with
championship golf course(s) in southeastern Watauga County, North Carolina. Permanent
impacts to aquatic resources associated with this development would be incurred with the
construction of a golf course(s) and temporary impacts would be associated with the installation
of utility lines.
Project Description
The proposed Laurelmor development has been designed as aloes-density residential destination
resort community containing approximately 1200 individual lots. The community would be
served by over 50 miles of roads and a privately owned and operated water and sewer system.
There are also approximately 950 multi-family townhome and condominium units proposed that
would be located in several cluster development areas. The proposed amenities include two 18-
hole championship golf courses, a large indoor water park, an equestrian center, vineyards,
restaurants, and recreational trails.
3

Permanent impacts to Waters of the US are proposed to occur at eleven locations within the
project area. All proposed impacts aze associated with the construction of two 18-hole golf
courses. There are five proposed impoundments and six proposed areas where portions of
streams would be piped through aFrench-drain system. The proposed impacts can be described
as either inundation or filUpipe. Total permanent impacts would include 0.18 acre of
jurisdictional wetland and 6331 liner feet of stream. The stream impacts can be divided into
4413 linear feet of perennial stream (2842 linear feet inundated and 1571 linear feet filled/piped)
and 1918 linear feet of intermittent stream (646 linear feet inundated and 1484 linear feet
filled/piped).
All of the proposed permanent impacts are associated with the two championship golf courses.
The applicant evaluated "tens" of layouts for 36-hole combined courses and other combinations
of independent 9-hole and 18-hole courses that would result in 36 holes available for play. The
courses would be laid out along ridge tops, which, according to the applicant, would reduce
impacts to Waters of the US, but would have greater irrigation requirements and no water
features. To complete the desired plan, 1490 linear feet of stream (218 feet of perennial and
1272 feet of intermittent) and 0.034 acres of jurisdictional wetland would be piped and filled for
the construction of 5 golf course holes and the driving range, and 4841 linear feet of stream
(4195 feet of perennial and 646 feet of intermittent) and 0.144 acres of jurisdictional wetland
would be piped or inundated for the construction of S lakes.
There would be 25 locations where utility lines, primarily sewer lines, will cross jurisdictional
Waters of the US. All of these crossings would involve temporary impacts to streams totally no
more than 625 linear feet (no more than 25 linear feet per crossing). The restoration of the
temporary impacts would involve the replacement of natural substrate material and the
restoration of the pre-existing channel gradient.
The applicant has provided information related to avoidance and minimization employed as part
of the development of the proposed project. The development concept was to confine the
majority of the development infrastructure to ridge tops and upper slope areas leaving the stream
corridors and lower slopes largely undeveloped. Golf cart paths will include bridges to eliminate
the need for fill in Waters of the US. The road network for Laurehnor would consist of
approximately 50 miles of county standard subdivision roads (widths from 18 to 20 feet) with no
curb and gutters. Included as part of the roadway system, there would be 24 bridged crossings
with no impacts to Waters of the US. The development plan has been designed such that no
streams or buffers would be included within any residential lots. All streams, wetlands, and
buffers would remain in the control of the Applicant and would be held in common area or
conservation easements (held by Blue Ridge Rural Land Trust) to be permanently protected.
The applicant states that the lakes proposed in the vicinity of the golf course are needed as a
primary source of irrigation water as well as a reliable source of water for fighting fires both on
the site and regionally. Alternate options for obtaining the necessary water have been evaluated.
Treated effluent from the on-site waste water treatment facility would be used to the maximum
extent possible, but availability would be limited until at least the year 2017 when it is
anticipated that the site would reach 60% build out. A result of using treated effluent to the
maximum extent possible as part of the irrigation system, which the applicant intends to do, there
4

would be no direct discharges of treated effluent to any streams on or off the site. Potential
available flows from treated effluent would be significant, but would not meet the proposed
demand, especially during the initial grow-in phase and severe droughts. The applicant has also
investigated using groundwater pumped from on-site wells. Over asix-month period, 20 wells
have been drilled in the areas with highest potential for ground water and to date approximately
550 gallons per minute has been yielded. This would all be needed for the potable water supply
and would not be sufficient to satisfy the irrigation demand even if it could all be used for that
purpose. Finally, the applicant investigated pumping water from local streams for irrigation and
fire suppression. The required rate of pumping to meet peak demand would be approximately 3
cubic feet per second and this would occur during periods of severe drought. Sever drought
would result in low stream flow. Based on all of this information, the applicant believes that a
series of lakes would be the best way to obtain a reliable source of water to meet both irrigation
and fire suppression demands.
Compensatory Mitigation proposed for this project includes a combination of on-site restoration
and enhancement, on-site preservation, off-site restoration and enhancement, and payment to the
North Carolina Ecosystem Enhancement Program. The applicant has proposed to use a 3:1 ratio
for fill or pipe related impacts to perennial streams, 1.5:1 for flooding impacts to perennial
streams, 2:1 for fill or pipe impacts to intermittent streams, and 1:1 for flooding impacts to
intermittent streams. Wetland impacts would be mitigated at a ratio of 2:1.
The applicant's consultant has identified several stream reaches on the site that have been altered
or degraded due to past logging, agricultural, and residential activities. In addition, there are
three existing on-line ponds that could be removed and a natural channel reestablished. The total
of on-site restoration is approximately 2500 linear feet. In the vicinity of the on-site restoration
is approximately 1000 linear feet of enhancement work that should be done. Also proposed is a
large quantity of on-site preservation. A conservation easement area consisting of approximately
2000 to 2500 acres is proposed that will encompass over 60 miles of stream corridor and
associated buffer area. The applicant is currently working with the Wilkes County office of the
USDA NRCS to located additional off-site mitigation areas within the Upper Yadkin basin.
A request has been submitted to the NC EEP to request payment into the In-Lieu Fee program
and Mr. David Robinson of the EEP responded that payment would be accepted. The applicant
proposes to use the EEP option to cover any unmitigated impacts after all other options are fully
utilized. When the applicant initially purchased the 5600-arce property, there was an existing
permitted project (Heavenly Mountain Resort (HMR) Golf Course) associated with a 1200-acre
portion of the site. A permit was issued to Kaplan Holdings LLC for the HMR project on
November 24, 2003 (Action ID No. 200330353). The HMR Golf Course has not been
constructed and the current applicant does not wish to construct it in the future. Ginn-Laurel
Creek GP, LLC is requesting that the single payment of $83,000 made to cover 415 linear feet of
stream impact associated with the HMR project be applied toward the overall mitigation
requirements that might be necessary for the current project proposal.
Wetland mitigation would be accomplished with on-site, in-kind restoration and creation at a 2:1
ratio. The location of this work would correspond to the proposed stream restoration work in the
old pond beds. In addition, there is an old home site on the property adjacent to Triplett Road

that contains outbuildings surrounded by wetlands. The applicant proposes to remove the
outbuildings and restore the wetlands at these locations.
Other Required Authorizations
This notice and all applicable application materials aze being forwazded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Cazolina 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 regazding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevazd,
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 Cazolina Division of Water Quality (NCDWQ), 1650 Mail Service Center,
Raleigh, North Cazolina 27699-1650 Attention: Ms Cyndi Kazoly by May 19, 2006.
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 azcheological, scientific, prehistoric, or historical data may be located within the
project azea 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 Cazolina Natural Heritage Database. Based on available information,
the Corps is not awaze of the presence of species listed as threatened or endangered or their
critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA)
within the impact azea. A final determination on the effects of the proposed project will be made
upon additional review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National Mazine Fisheries
Service.
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,
6

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 is soliciting comments from the public; Federal, State and local agencies and officials;
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 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 prepazation of an Environmental Assessment (EA) and/or an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments aze 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 Spm, May 19, 2006. Comments should be
submitted to Ms. Angie Pennock, 151 Patton Avenue, Room 208, Asheville, North Cazolina
28801.
7

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