20050661 Ver 1_Public Notice_20050325

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US Army Corps
Of Engineers
Wilmington District
r 6 U661
PUBLIC NOTICE
i'� Issue Date: March 25, 2005
FILE ck,�
Comment Deadline: April 25, 2005
Corps Action ID: 200431306
All interested parties are herby advised that the Wilmington District, Corps of Engineers (Corps)
has received an after -the -fact application for work within jurisdictional waters of the United
States. 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.anny.mil/wetlands
Applicant: Communities of Penland, L.L.C.
Attn: Neil G. O'Rourke
135 Crown Ridge
Spruce Pine, North Carolina 28777-9412
Agent: Soil and Environmental Consu D y
64
Attn: Patrick K. Smith, P.E. PJ
11010 Raven Ridge Road 3 0 2005
Raleigh, North Carolina 27614
WETLRNCS.,`c4;r) SBRANCH UNr�
Authority MNJATE
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed and existing work pursuant to applicable procedures. This application is being
considered for approval pursuant to Section 404 of the Clean Water Act (33USC 1344).
Location
The project site, known as the Communities of Penland (COP), consists of an approximate 880
acre tract bordering the North Toe River located off of State Road 1152 in the Penland
Community in Mitchell County, North Carolina. The site contains numerous unnamed
perennial and intermittent tributaries to the North Toe River, Deer Park Lake, two in-line ponds,
and approximately 3.2 acres of vegetated wetlands that have established within the lakebed of
the breached Diamond Lake (formerly known as Fawn Lake). Site coordinates at the Diamond
Lake location are 35.9204708 north latitude and 82.1166308 west longitude.
Existing Site Conditions
Although portions of the property have been developed within recent years the majority of the
parcel is forested with topography characterized as rolling to steep or hilly terrain. An extensive

network of roads exists on the property as a result of past logging and mining operations. First
and second order streams on the property are generally of Good to Excellent quality with
bedrock, gravel and cobble substrates. Diamond Lake was breached approximately 10 years ago,
resulting in the establishment of jurisdictional wetlands in the lake bed that are dominated by
vegetation consisting of alder, cattails, jewelweed, woolgrass, smartweed, sedges, and tearthumb.
Development of the property began before obtaining the required Department of the Army
authorizations pursuant to Section 404 of the Clean Water Act. Unauthorized activities included
the installation of new and/or the replacement and extension of roadway culverts at stream
crossings, culverting of stream segments, the construction of two series of forebays on tributaries
to Diamond Lake, and impacts associated with the reconstruction of the Diamond Lake Dam
(which has subsequently been breached).
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to provide a unique mixed-use
(residential, commercial, and recreational) community in Mitchell County that will attract
residents and visitors, create jobs, complement and interact with the Penland School of Crafts,
and support an environmentally friendly development plan for the property. The centerpiece of
the development plan and concept is the creation of a village center centered around the restored
Diamond Lake.
Project Description
The applicant has requested after -the -fact DA authorization for impacts to approximately 675 if
of stream channel from flooding and filling associated with the construction of two ponds east of
Diamond Lake, to perform stream relocation and restoration activities associated with the
construction of two forebays at Diamond Lake, and for impacts to approximately 1,020 if of
stream channels associated with the installation of culverts, including enhancement activities to
remedy perched culvert outlets. New work proposed by the applicant is to reconstruct the
Diamond Lake dam resulting in the impoundment of the previous lakebed area. These activities
are described in more detail below. The application and work described in this Public Notice
includes activities that occurred on the property after 1998 and prior to the purchase of the
property by COP in 2002 as well as those activities undertaken entirely by COP.
The restoration of Diamond Lake will result in the inundation of 3.28 acres of wetlands and
1,688 linear feet of stream channel within the lakebed. Approximately 90 linear feet of channel
will be filled as a result of the dam and spillway construction.
An estimated 800 linear feet of channel was piped and excavated in conjunction with the
construction of forebay areas A and B, which are adjacent to and flow into Diamond Lake. The
applicant is proposing to relocate and restore the affected stream channels adjacent to the
existing forebay location.
2

Impacts have occurred to 675 linear feet of channel as a result of earth fill and inundation at two
pond sites located east of Diamond Lake. These ponds were constructed after 1998 and prior to
the purchase of the property by COP.
COP installed approximately 255 linear feet of corrugated metal culverts in unnamed tributaries
in conjunction with the construction of road crossings within the development. In addition, the
applicant proposes to retain 765 if of stream culvert and associated impact that occurred after
1998, but prior to COP's purchase of the property.
Mitigation
COP has proposed the following mitigation measures to compensate for the proposed impacts to
waters of the United States:
1. Restore 820 linear feet of stream channel parallel to forebay areas A and B utilizing
natural channel design procedures and techniques.
2. Provide payment to the North Carolina Ecosystem Enhancement Program (EEP) for
2,033 linear feet of stream impacts associated with both the culverts installed by COP
and the proposed inundation impacts to stream channels within the Diamond Lake
impoundment.
3. Provide payment to EEP at a l:1 ratio for the inundation impacts to the 3.28 acres of
wetlands within the Diamond Lake impoundment.
4. Place protective mechanisms (restrictive covenants) on approximately 69,000 linear
feet of stream channel throughout the site to prevent development within the riparian
areas. Vegetated buffers are to be 50 -foot on each side of intermittent channels and
100 -foot on each side of all perennial channels. The buffer protection area will
include 4,000 linear feet along the south side of the North Toe River on the property.
5. All suspended culverts (perched) throughout the site are to be repaired through the
use of natural channel components such as step -pool structures.
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), 1650 Mail Service Center,
Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by April 25, 2005.

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 Mr. Harold Draper, NEPA Team Leader, 400 West
Summit Hill Drive, Knoxville TN 37902-1401. Questions or comments regarding Section 26a
permit requirements should be directed to Mr. Draper at the above address.
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. By letter
dated December 16, 2004 the North Carolina Department of Cultural Resources, State Historic
Preservation Office, stated that there are no known recorded archaeological sites within the
project boundaries. 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 is not aware 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 project area. 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.
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.
El

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 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, April 25, 2005. Comments should be
submitted to David Baker, US Army Corps of Engineers, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801.
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OVERALL DEVELOPMENT PLAN
ALTERNATIVE "A"
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RESERVE COMMUNITY
(PRIVATE) PROPOSED BUFFER WIDTHS:
50 NORTH TOE RIVER (SOUTH SIDE ONLY)
100' PERENNIAL STREAMS (USGS) (EACH SIDE)
5(Y ALL INTERMITTENT STREAMS (EACH SIDE)
COMMUNITIES OF PENLAND,
PROPERTY BOUNDARY
LEGEND
DIAMOND
LAKE
OVERALL DEVELOPMENT PLAN
ALTERNATIVE 'IBI'
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ALTERNATIVE "B"
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OBSERVED OR POTENTIAL JURISDICTIONAL
/
STREAM LOCATIONS
EXISTING ROADS
RIPARIAN BUFFER
CONSERVATION AREA
PERENNIAL STREAM CHANNELS AS
SHOWN ON USGS TOPOGRAPHIC MAP
JURIDICTIONAL STREAM CHANNELS AS IDENTIFIED BY
S*EC DURING SITE VISITS
DIAMOND
LAKE
OVERALL DEVELOPMENT PLAN
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NOTES:
I . THIS ALTERNATIVE REFLECTS AN ESTIMATE OF PERENNIAL AND JURISDICTIONAL STREAM CHANNELS AND A550CIATED
BUFFERS BASED OF FIELD OBSERVATION AT SELECT CROSSING LOCATIONS. ACCORDINGLY, NOT ALL PERMANENT
BUFFERS ARE REFLECTED.
2. THIS ALTERNATIVE CALLS FOR THE PRESERVATION OF STREAM BUFFERS ON ALL PERENNIAL AND JURISDICTIONAL STREAM
CHANNEL WITH BUFFER WIDTHS AS DESCRIBED ON THI5 PLAN.
3. THE OWNER WILL BE RESPONSIBLE FOR THE DEMARCATION OF BUFFER5 ON SITE
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RESERVE
COMMUNITY
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COMMUNITIE5 OF PENLAND
PROPERTY BOUNDARY
mw
STREAM I M PACTS
OVERALL 51TE MAP
OVERALL PROPERTY BOUNDARY
X
AREA EXCLUDED FROM OVERALL PARCEL,
UNDER PRIVATE OWNERSHIP
PERENNIAL STREAM CHANNELS AS
SHOWN ON U5G5 TOPOGRAPHIC MAP
�•• JURIDICTIONAL STREAM CHANNELS AS IDENTIFIED BY
5*EC DURING SITE VISITS
Q ARROWHEAD INDICATES STREAM CONTINUES UPSTREAM
OF CROSSING, STREAM TERMINUS UNDETERMINED.
C# CATEGORY I IMPACT:
INSTALLED OR PROPOSED BY COMMUNITIES OF PENLAND
CATEGORY 2 IMPACT:
INSTALLED SINCE 1998 BY OTHERS
CATEGORY 3 IMPACT:
C# INSTALLED BEFORE 1995 BY OTHERS
DIAMOND
A LAKE
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NOTE5:
I . JURISDICTIONAL STREAM CHANNELS ARE ESTIMATED AND BASED ON U565
TOPOGRAPHIC MAPPING DATA. NO FIELD VERIFICATION WAS PERFORMED ON
DEPICTED LOCATION.
2. CHANNEL5 WERE DEEMED JURISDICTIONAL FROM EXI5TING OR PPIOP05ED CROSSING
LOCATION. CHANNELS CONTINUE UP5TREAM OF CR055ING, UNLE55 OTHERWISE
SHOWN.
3. REFER TO IMPACTS SUMMARY TABU= FOR DEATAIL5 ON CROSSINGS
RIVER POINTE COMMUNITY
(PRIVATE)
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Diamond Lake Footprint Area
= 186,466 Square Feet
= 4.28 Acres
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Proposed Wetland Impacts
due to Inundation
= 142,987 Square Feet
= 3.28 Acres
(DL4)
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due to Inundation= 1,688 LF
(DI -3)
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Proposed New Spillway Location
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(DL5)
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STEP -POOL STRUCTURE AT PIPE OUTFALL
STRUCTURE DETAIL (TYP.)
Existmg Corrugated
Metal Pipe
117 '
/// / / 7, 7
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Underlay w/ Non -Woven
Geotextile, Bury Upstream
and Downstream Ends a
Minimum of 1.5 feet, Use
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Tie Upstream Structure Invert
r to Pipe Outlet Elevation
/ 3' Approx.
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Aggregate Material
PROFILE VIEW
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Downstream Channel
Surface Near
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1. STEP -POOL BOULDER STRUCTURES TO BE INSTALLED AT ALL SUSPENDED CULVERTS TO INCLUDE
TH05E AT CR055ING5 C22, C23, C24, C2G, N2, N5, N 10, N I G, AND ANY OTHERS IDENTIFIED
IN THE FIELD DURING CONSTRUCTION.
2. FOOTER ROCK 51ZE MAY VARY DEPENDING ON PIPE DIAMETER, HOWEVER, MINIMUM DESIRED
DIMENSIONS ARE 12"X 18" X 24".
3. NUMBER OF STEPS WITHIN EACH STRUCTURE TO BE FIELD DETERMINED AT TIME OF
CONSTRUCTION BY DE5IGNER. TYPICAL DESIRED ELEVATION DROP 15 3" TO G" PER STEP.
4. STRUCTURE TO TIE TO DOWNSTREAM END OF EXISTING PIPE AND TIE FLUSH WITH INVERT OF
DOWNSTREAM CHANNEL.
5. CONSTRUCTION TO BE PERFORMED UNDER SUPERVISION OF DESIGNER.
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