HomeMy WebLinkAbout20060180 Ver 3_Public Notice_20110218CAP- D100D u3
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: February 18, 2011
Comment Deadline: March 21, 2011
Corps Action ID #: 2005-30172
The Wilmington District, Corps of Engineers (Corps) has received an application from Blowing
Rock Resort Venture, LLC seeking Department of the Army authorization to impact 4,116 linear
feet of stream channels and 0.034 acre of wetlands associated with the development of an 18-
hole golf course and residential community known as Reynolds Blue Ridge, southeast of Boone,
in Watauga and Wilkes Counties, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
IIhis Public Notice and all attached plans are also available on the Wilmington District Web Site
at w??w.sa??.usarc.arrnv.ir?il!wetlands.
Applicant: Blowing Rock Resort Venture, LLC
Attn: Mr. Patrick Warren
Post Office Box 1727
Blowing Rock, North Carolina 28605
AGENT (if applicable): ENV-ECS, Inc.
Attn: John Vilas
3764 Rominger Road
Banner Elk, North Carolina 28604
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33
U.S.C. 1344).
Location
The Reynolds Blue Ridge (RBR) project site is located on an escarpment of the Blue Ridge
physiographic region in western North Carolina within the Elk and Blue Ridge Townships of
Watauga and Wilkes Counties. The study site begins about two miles below the Blue Ridge
Parkway and is situated between Sampson Road (State Road 1526) to the west and Elk Creek
Road (SR 1508) to the east. The proposed impact areas are approximately located at
36.151 159°N and -81.516504°W. The site can be accessed by Triplett Road (Elk Creek Road in
Watauga County) through Reynolds Parkway, an approximate I 1 mile-long paved road running
through the project site.
Existing Site Conditions
The proposed project will involve the entire 6300-acre tract and consist of a dispersed low
density single family residential community containing approximately 2000 total residential units
with a mix of individual single family residential lots, clusters of single family homes or cabins.
and multi unit condominiums or townhomes. This community will be served by approximately
45 miles of roads, and a privately owned and operated water and sewer utility. Residents of the
Reynolds Blue Ridge community will have access to an 18-hole championship golf course. an
extensive trail network, and other recreational facilities designed around a large amount of
pristine open land, a portion of which has been placed in permanent conservation The current
RBR Master Plan shows roughly 2350 acres as Potential Development Area (PDA). While PDA
areas are shown on the Master Plan as undisturbed natural land, this designation is intended to
reflect the potential that portions of the PDA will be developed for residential or amenity use to
be determined in the future. The owner is in the process of evaluating currently identified
residential land units to determine if these areas fully satisfy the development needs of the
project. It is anticipated that the current Master Plan will be modified over time as RBR
develops and market conditions for future development areas become more in focus.
The RBR project will closely follow the general development plan pursued by the previous
owner of the property. In 2007, the previous developer (Ginn-Laurel Creek GI'. LLC) was issued
a 404 permit authorization to discharge fill material into approximately 5355 linear feet of
streams and 0.17 acres of wetlands. Approximately 663 linear feet of the stream impacts are
considered temporary and associated with utility line construction. A majority of the permitted
impacts for this development known as Laurelnor was associated with construction of a 17-acre
lake which is no longer being proposed. To date, only approximately six utility line crossings
and a bridge have been constructed under the 2007 permit authorization. Also, prior to Ginn-
Laurel Creek GP, LLC assuming control over the property, a 404 permit was issued to Kaplan
Holdings LLC for a similar type of development known as Heavenly Mountain. The permitted
impacts never occurred and the only impacts to jurisdictional streams to date are the ones noted
above which total approximately 120 linear feet of stream impact.
Currently, the infrastructure in Phase I is mostly complete, this consists of roads, utilities and
existing platted lots. The proposed golf course is within the Phase I area but is only partially
complete and has been redesigned by the current owner. The golf course changes are substantial
and will eliminate the 17-acre lake previously permitted. Other changes in Phase I include the
elimination of Lindera Lane and approximately 50 lots, as well as the addition of approximately
15 lots adjacent to the proposed golf course. These changes result in a net decrease of 35 single
family lots in the Phase 1 area. Existing infrastructure in the Phase 11 area is limited to Reynolds
Parkway, the main road through the entire site, and a small portion of the planned amenities in
the proposed Village Area. Utilities have been installed under Reynolds Parkway all the way to
the top of the site and the road has been paved. Several staging areas and short sections of side
roads exist as well. The Phase III portion of the site contains minimal improvements and can be
accessed only by ATV along old logging roads, a few survey trails, and by foot along a series of
back-country trails. Several water wells, drilled by the previous owner, exist in the Dogger Creek
valley near the southern boundary of the site.
-2-
Prior to 2005, the project area consisted primarily of undeveloped forested land. Logging
occurred throughout the site in the late 1930's and early 1940's. Shortly thereafter a substantial
fire burned across the property. A small portion of the land (-50-acres) was cultivated
throughout the first half of the 20t" century and was located around the historic homesteads
reported on the property. The cultivated land became fallow around 1950 and has since reverted
to mature forest. There has been relatively little human activity across the greater part of the site.
A second timber harvest occurred within select areas of the property in the late 1980's and
resulted in the construction of numerous logging and skid trails.
Table 1: Stream Channels &
Drainage Basins
Stream Length
Drainage Basin (app rox.)
Approximate
_ System Symbol Acres Feet Miles
I DW-10er Creek DU 1650 75,900 14.40
2 Laurel Creek LA 800 56,760 10.75
3 Little Dogger LD 415 34,980 6.63
4Swift Ford SF 480 25,080 4.75
5 Horton Branch HB 350 20,460 3.88
6 South Dogger SD 220 19,800 3.75
7 Flat Branch FB 370 17,160 3.25
8 Puncheon Cove PC 360 15,840 3
9 EII< Creel: Tribs Elk 460 13,860 2.63
10 Pasley Cove PS 200 11,880 2.25
11 Upper Laurel UL 160 11,220 2.13
12 West Dogger WD 160 9,900 1.88
13 Long Cove LC 160 8,580 1.63
14 Mouth of Laurel LAM 130 6,600 1.25
15 Pine Knob PK 110 4,620 0.88
16 Tony's Branch TB 150 3,960 0.75
17 Joe's Creek UT JC 15 600 0.11
18 Days Creek DC 110 2200 0.42
Totals 6300 337,200 63.9
All streams and wetlands on the site have been delineated and mapped. Ten named blue line
streams and fifteen intermittent streams were identified on the USGS topographic quadrangles
throughout the site. Field investigation revealed these numbers to substantially underestimate
the roughly 350 intermittent and perennial streams that exist on the property. Approximately 64
miles of stream channels were identified and mapped on the RBR Property. The site is
comprised oi' numerous headwater basins with intricate dendritic drainage patterns formed as a
result of underlying geology and subsequent erosion. In general, the property drains toward the
southeast and to multiple named streams and drainage basins (Table 1). In general, there is a
large majority of the stream channels on site that are considered Trout Waters and/or
-3-
Outstanding Resource Waters
are well shaded with a mix
understory of rhododendron.
All streams proposed for impact are considered high quality and
of hardwood and conifer trees and shrubs and often a dcnsc
There were a total of 8.27-acres of jurisdictional wetlands delineated within the RBR project site.
The identified wetlands were in general restricted to narrow strips and small benches along the
stream corridors. There are three distinct types of wetlands identified on the site: Riparian
Forested Wetlands, High Elevation Seep Wetlands, and a High Elevation Wet Meadow.
Applicant's Stated Purpose
The applicant's stated purpose is to construct a large, low-density. residential mountain
community with 18-hole championship golf coLu-se to serve as an amenity to the development.
Project Description
Proposed impacts to jurisdictional Waters of the United States will occur primarily in
conjunction with the construction of an 18-hole golf course. The RBR golf course is proposed on
essentially the same footprint as the previously permitted golf course. However. there are a
number of holes that have been redesigned. The most significant design change involves the
elimination of the large lake and dam that was proposed as the centerpiece of the Previous
course. The new RBR golf course layout will result in a total of 4.116 linear feet of' stream
impact and 0.034 acres of wetland impact. This is a reduction of 676 linear feet of stream impact
and 0.136 acres of wetland impact from those impacts previously permitted by the previous
owner for the Laurel-nor golf course.
Impacts to streams and wetlands associated with construction of the golf course are proposed as
flooding impacts, piping or french drain impacts, or fill impacts associated with proposed stream
relocations. These impacts will occur in four locations on the golf course: golf holes 10. 12, 13.
and the Practice Driving Range. Each impact area is described below and summarized in Table
2.
Table 2: Proposed Permanent Impacts
Stream (I0 Stream (10 Stream (If) Wetlands (acre)
Hole
Perennial
Intermittent
Total
Total
Practice Range 526 205 731 .034
Hole 10 1030 1145
Hole 10 Pond 115
Hole 12 760 760
Hole 13 1150 1480
Hole 13 Pond 330
Totals 3911 205 4116 .034
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Impact #1 - Hole 10 Impacts: Approximately 1145 linear feet of an unnamed tributary to Swift
Ford Branch (SF-37E) are proposed to be impacted by the construction of this golf hole and
associated pond. SF-37E is classified as a perennial stream with an ORW-Trout designation. The
drainage area of SF-37E is about 36.5 acres at the lower end of the reach. Beginning
approximately 200 feet below the source, SF-37E will be relocated into a constructed channel
designed in accordance with natural channel design principles and surrounded by a permanent
buffer zone a minimum of 30 feet wide from the constructed top of bank. Impacts at this site are
till impacts associated with filling the abandoned stream channel following completion of the
relocated channel. Approximately 890 linear feet of relocated stream channel will be constructed
at this location. The surface area for the proposed pond at this location is approximately 0.20
acres and approximately 115 linear feet of stream channel will be piped for the construction of
this pond.
Impact #2 - Hole 12 Impacts: Approximately 760 linear feet of an unnamed tributary to Swift
Ford Branch (SF-37E) are proposed to be impacted by the construction of this golf hole. SF-37E
is classified as a perennial stream with an ORW-Trout designation. The drainage area of 37E
above the confluence with SF-37D is about 87 acres, the drainage area at the lower end of the
reach, below the confluence, is about 133 acres. Impacts at this golf hole will be fill impacts
associated with tilling the abandoned stream channel following completion of the relocated
channel. Approximately 485 linear feet of relocated stream channel will be constructed at this
location.
Impact 43 - I tole 13 Impacts: Approximately 1,480 linear feet of an unnamed tributary to Swift
l ord Branch (SF-371)) are proposed to be impacted by the construction of this golf hole and
associated pond. From its origin, SF-37D is characterized as a perennial stream with an ORW-
TroUt designation. The drainage area of SF-37D is about 35 acres at the lower end of the reach.
Impacts at this golf hole will be predominantly till impacts associated with filling the abandoned
stream channel following completion of the relocated channel. Approximately 1,020 linear feet
of relocated stream channel will be constructed on site. In addition to the fill impacts,
approximately 65 linear feet of channel, above the beginning of the relocated stream, will be
french-drained. At approximately 1,150 linear feet below the source, the relocated stream
cmptics into the natural channel at a steep bedrock controlled section that will remain un-
impactcd for approximately 230 linear feet before flowing into a small lake between the hole 13
tees and the hole 12 green. Approximately 245 linear feet of channel will be inundated by this
lal<e. Below the lake, approximately 85 linear feet of SF37D will be piped under the golf course.
The surface area for the proposed pond at this location is approximately 0.75 acres.
Impact #4 - Practice Range Impacts: Approximately 731 linear feet of two unnamed tributaries
to Flat Branch (FB-18A and FB-18B) and approximately 1484 square feet (.034 acres) of
riparian wetlands are proposed to be impacted by the construction of the golf course Practice
Range. FB-I8A is proposed to be impacted by filling and piping from the headwater to a point
appro.ximatcl? 327 linear fret downstream. FB-18A is classified as a perennial stream from the
headwater and also desionated as ORW-Trout. FB-I8B is proposed to be impacted by filling and
piping from the point it emerges from a headwater wetland (FB-18W I) to a point approximately
- 5 -
404 linear feet downstream. The upper 205 linear feet of FB-18B is characterized as intermittent,
below this point the stream is considered perennial. The entire area of wetland 1713-18W 1 (1484
sq.-ft.) will also be impacted from this activity.
Utility Line Impacts: Modifications to the overall site master plan have led to a reduction in the
number of proposed utility line crossings necessary to serve all the proposed lots. The previous
plan called for 25 proposed utility crossings that would temporarily impact 663 linear feet of
streams. The current revised plan reduces the total number of utility crossings to 9 with a total
temporary impact of 225 linear feet. Of these crossings, five have already been installed and the
impact areas have been stabilized.
Trout Buffer Impacts: The proposed golf course layout will result in impacts to several trout
buffer zones. Three different types of trout buffer impacts are proposed: 1) tall vegetation
removal for fly-overs, 2) buffer relocations associated with proposed stream relocations, and 3)
buffer elimination in areas where streams are filled or piped and no relocation is practicably
feasible.
Table 3: Proposed Trout Buffer Impacts
Location Impact Type Impact Left Impact Right Total Impact
Hole 8 Fly-over
veg. removal 150' 140' 290'
Hole 9 Fly-over
veg. removal 225' 225' 450'
Hole 11
Fly-over
veg. removal
130'
130' _
260
Hole 10 relocation 890' 890' 1780'
Hole 10 elimination 255' 255' 310'
Hole 12 relocation 446' 446' 892'
Hole 12 elimination 312' 312' 624'
Hole 13 relocation 1020' 1020' 2040'
Hole 13 Elimination 457' 457' 914'
The remainder of the infrastructure associated with this development is not proposed to have any
direct impacts to the remaining stream channels or wetlands on the property. The applicant is
proposing to bridge all road crossings and golf cart path crossings. Approximately 28 spanning
structures are proposed for road crossings and 6 spanning structures for golf cart path crossings
of stream channels.
The first phase, scheduled to commence in 2012, will be to complete a 9-hole loop comprised
primarily of the golf holes already partially graded. This phase will involve golf holes 11 through
48, 418, and the Practice Range. The only impacts to jurisdictional waters will occur with the
construction of the Practice Range. The second phase is scheduled to commence in 2013 and will
involve golf holes 99 through 412. Impacts to streams channels in this phase arc confined to golf
-6-
holes 910 and 412. The third and final phase of golf course construction is anticipated to
commence in 2014 and will involve the construction of holes #13 through #17. Impacts to
jurisdictional streams and wetlands associated with this phase are confined to hole #13.
The proposed mitigation plan to compensate for impacts to stream channels and wetlands
associated with this development is also planned through a phased approach. The basic elements
of this plan include:
I . Credit for previous payments made to the North Carolina Ecosystem Enhancement
Program in the amount of $83,000.
2. On-site stream relocations for holes #10, #12, and #13.
3. Preservation of streams, wetlands, and riparian lands within an existing conservation
easement on the project site.
4. Restoration and Enhancement of stream channels on an off-site location known as Gladys
Fork Restoration (GFR) site in the same Hydrologic Unit (Upper Yadkin 03040101).
5. Cooperative efforts with state and federal agencies to provide broader access to high
value trout waters within the project boundaries.
The elements of the mitigation plan are proposed to be used in phases that correspond with the
proposed timing of activities that will result in impacts to stream channels and wetlands on the
site.
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 combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality 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, 512
North Salisbury Street in Raleigh, North Carolina. 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), 1650 Mail
Service Center. Raleigh. North Carolina 27699-1650 Attention: Ms. Cyndi Karoly by March 21,
201 1.
In addition, this project may be located in a watershed subject to Tennessee Valley Authority
(TVA) permit requirements pursuant to Section 26a of the TVA Act. This Public Notice and all
application materials are being forwarded to the Holston-Cherokee-Douglas Watershed Team,
Attn: Susan Fuhr, 3726 E Morris Blvd, Morristown, TN 37813-1270. Questions or comments
regarding Section 26a permit requirements should be directed to the above address.
-7-
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 COllnclls 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. An investigation of cultural
resources on the site was conducted for the previous owner by Archaeological Consultants of the
Carolinas, Inc. Their research did not recommend any, historic sites f br inclusion into the
National Register of Historic Places.
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.
-8-
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, March 21, 2011. Comments should be
submitted to Amanda Jones, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina, 28801-5006.
-9-
A AA Figure 1.
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