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Home My WebLink About20050661 Ver 1_Public Notice Comments_20050422~T~ Gifizens for a .~effer Comnzunif~ .% osf ~ffice /~ox 100 .~enfant~, xorf~ Carofna 28765 April 15, 2005 Ms. Cyndi Karoly North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Communities of Penland, L.L.C. Corps Action ID 200431306 Public Notice Response Dear Ms. Karoly; ~~-~~~~ ~~~ '~ 0 ~~~~ kD APR 2 `? 100,5 *, ~N~ANDST~ `'`Utii.iTY Mw~,r~R arm This letter serves as an official response to the Public Notice for the referenced project, issued on March 25, 2005 with a response date of Apri125, 2005. We, the undersigned, as members of Mitchell County, North Carolina and whose interests abut, adjoin, and overlook the Communities of Penland development, hereby submit our responses and our comments regarding the proposed development. As stated in the Public Notice, the Communities of Penland (COP) is being developed in an area of steep mountain terrain, with numerous unnamed perennial and intermittent tributaries to the North Toe River, as well as being adjacent to the North Toe River. We recommend the denial of the Army Corp permit until there is a public meeting and all matters regarding the following issues are addressed: • We believe that COP should submit a full Nationwide Permit for the subject site. If such a permit has been applied for and/or issued, we request a copy or access to a copy for our review; • We request a copy or access to a copy of the approvals granted under the Riparian Buffer Rules implemented by the NC Division of Water Quality and to see the plan by COP for the maintaining of Riparian Buffers throughout all of their properties associated with COP; • We request the COP show evidence of an approved NPDES, issued prior to the start of this project; • Land clearing that is completed is already causing erosion and runoff into the aforementioned water bodies. There is no evidence that the installed silt screening and erosion control that is in place to prevent further erosion from happening is being maintained properly. We would like to see, or have access to, the State approved Erosion Control Plan as issued by the Division of Land Resources, Land Quality Section. In addition, the ACOE permit application requests, through the Division of Water Quality, storm water controls proposed in Citizens ~or a ,~( effer Comm unify .% osf ~~~'ce .fox 100 .~enfand xorf~i Garof'na 28765 order to protect surface waters and wetlands downstream from the property. We would like to see the information provided that addresses this request; • The Division of Water Quality requires special coordination with the North Carolina Wildlife Resources Commission for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. The North Toe River is designated as a trout water; • In the Public Notice, under the Endangered Species section, the Corp states that they have examined all information provided by the applicant and consulted the latest NC Natural Heritage Database for the review of endangered species. We request the COP perform a full Environmental Impact Statement for the entire property to evaluate the potential of endangered flora and fauna that would be impacted by the proposed development; • The COP is proposing hundreds of homes on this site. We request signed and sealed data, prepared by hydrologist registered in the State of North Carolina, that there is adequate supply of groundwater for all of the proposed homes without impacting the supply or water quality to the neighbors of the property; • No central sewer system is proposed for this development. We request signed and sealed data, prepared by an engineer registered in the State of North Carolina, that the soil types and conditions for the proposed septic fields will percolate and will not cause runoff of black water into the aforementioned streams, leading into the North Toe River and the down water receiving bodies; • Commitments by the COP include preservation, through legal documents, of Bailey's Peak as a recreational site. We request that the COP submit or allow access to evidence of those documents ensuring land preservation and the definition of recreational uses for that property; • The COP has listed options as mitigation for failure to obtain a permit and work under the law. We believe these suggested mitigation efforts are inadequate; • The COP have re-constructed a dam in association with Diamond Lake that has a long, problematic history of poor water quality and roadway erosion that led to its removal prior to the acquisition of the subject property by COP. As a purpose of clarification, a dam, as defined by the State of North Carolina, means any structure which is 15 feet or higher and capable of impounding 10 acre feet or more of water... Dam height is measured from the highest point in the crest of the dam to the lowest point of the downstream toe. We request to see, or have access to, the approved dam permit. By law, no one is allowed to construct, repair, alter, or remove a dam without obtaining a permit from the Department of Environment and Natural Resources 10 days prior to the start of construction; • In order to submit for a permit with the ACOE, an applicant must submit a site plan showing property boundaries and development plans in relation to surrounding properties. The maps and site plans attached to the Public Notice show development plans with only roads shown. We request a full site plan showing development plans, including platted lots in relation to surrounding properties; • The ACOE application requests information on future permit requests anticipated for this project and to provide justification for the exclusion of this work in the Cifizens`or a .~Seffer Conznzunif~ _% osl (~~~'ce .~ox 100 .% enfano; xorf~ Carolna 28765 current application. We request a copy of the COP permit application for this project for our review; Our perception is that the Communities of Penland has been less than forthright in commitments made and actions taken as they relate to the neighbors of this project and their development intentions. Our intent is not to stop this development but to ensure that proper measures and controls are taken in order to prevent widespread devastation of the sensitive natural resources associated with this area of Mitchell County. All citizens of this great nation must live under a rule of law, and the Communities of Penland have attempted in every measure to side step the law and legal requirements for developments of this size and nature. We simply ask for a public hearing to voice our concerns and to ensure that the Communities of Penland play by the rules and receive all pertinent Federal, State and County permits prior to the continuation of any development activities. Respectfully, signed this 19th day of Apri12005. CC: Mr. Harold Draper, TVA Mitchell County Board of County Commissioners 4e~ `~ n a 1 ~6 n~t~cx~s Se•~- ~ of ~-ng~nre~s US Army Corps of Engineers Wilmington District Public Notice Communities of Penland LLC Corps Action ID 200431306 Response to Public Notice for referenced proiect signatory pale ~~G~~- ~~~-'~ ~C ~ = ~ ~~~ ~~z e C a, ~ ~. 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