20060180 Ver 1_Other Agency Correspondence_20060523

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NCDENR
North Carolina Department of Environment and
Division of Water Resources
Michael F. Easley, Governor
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Natural Resources
Wiiliam G. Ross Jr., Secretary
John Morris, Director
May 19, 2006
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Ms. Angie Pennock CJ 1"~
US Army Corps of Engineers Mar ,~ Z(10~
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006 ~nra.src~~~`x?.i~~~trr
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Subject: Corps Action ID # 200630172 (Laurelmor Resort & Golf Development Proposal)
Ms. Pennock:
The N.C. Division of Water Resources (DWR) is submitting the following comments following review
of the Section 404 permit application to create five impoundments on Swift Ford Branch and
tributaries of Rocky Knob and Dugger Creek, streams in the Catawba River Basin in Watauga and
Wilkes counties, North Carolina, in conjunction with the development of two 18-hole golf courses and
dwellings consisting of 1,200 residential lots and 950 condominium units.
The application states "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 (sic) 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."
It is not known if the N.C. Division of Land Resources' Dam Safety Program has made a
determination whether the dams are subject to the N.C. Dam Safety Law ("Law"). The rules
associated with the Law provide procedures for determining and monitoring the flow requirement from
subject dams (15A NCAC 2k .0500). If the dams are not subject to the Law, in order to maintain
aquatic habitat and water quality standards, DWR requests that the applicant consult with resource
agencies to determine a flow requirement from the dams and a monitoring plan as part of the Clean
Water Act and National Environmental Policy Act (NEPA) review process.
DWR also requests that the applicant establish a protocol for filling the impoundments upon
completion of the dams so that the creeks below the dams are not significantly impacted from
reduced flows.
DWR requests that, as part of the NEPA review, the Corps not only evaluate the direct, secondary
and cumulative impacts of the five impoundments on its respective stream, but also impacts
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associated with the 6,050-acre development and supporting infrastructure on these streams and their
downstream receiving streams.
Thank you for the opportunity to comment. If you have questions or require additional information,
please contact me by phone at 919/715-5442, or by email at [e-mail].
Sincerely,
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Fred~~;Tarver
Environmental Specialist
cc: John Sutherland, DWR
Cyndi Karoly, DWQ 401 Section
Ron Linville, NCWRC
Mark Cantrell, USFWS