20061539 Ver 2_Public Notice_20120622

Dennison, Laurie
From Wallace Nancy SAW [Nancy Wallace @usace army mil]
Sent Friday June 22 2012 11 11 AM
Subject US Army Corps of Engineers Public Notice (UNCLASSIFIED)
Classification UNCLASSIFIED
Caveats NONE
As you requested you are hereby notified that Wilmington District United States Army Corps of Engineers has
issued a Public Notice The text of this document can be found on the Public Notices portion of the Regulatory
Division Home Page Each Public Notice is available in ADOBE ACROBAT (pdf) format for viewing
printing or download at http / /www saw usace army mil /wetlands /notices /current notices html As with
anything you download from the internet be sure to check for viruses prior to opening The current notice
involves
PUBLIC NOTICE
ISSUE DATE June 22 2012
COMMENT DEADLINE July 23 2012
CORPS ACTION ID# SAW 2012 010 01013
PROJECT DESCRIPTION The Wilmington District Corps of Engineers (Corps) has received an application
from the Grey Rock Community Association seeking Department of the Army authorization to impact 467
linear feet of stream channel and 0 03 acre of wetland associated with the construction of roads to access the
residential development known as Grey Rock on Buffalo Creek Road north of Lake Lure Rutherford County
North Carolina
POC Amanda Jones telephone [phone] ext 231
Expiration Date 5 00 p in July 23 2012
Classification UNCLASSIFIED
Caveats NONE

US Army Corps
Of Engineers
Wilmington District
DU - 153q 0 k
PUBLIC NOTICE
Issue Date June 22 2012
Comment Deadline July 23 2012
Corps Action ID # SAW 2012 01013
The Wilmington District Corps of Engineers (Corps) has received an application from the Grey
Rock Community Association seeking Department of the Army authorization to impact 467
linear feet of stream channel and 0 03 acre of wetland associated with the construction of roads
to access the residential development known as Grey Rock on Buffalo Creek Road north of
Lake Lure Rutherford County North Carolina
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 mil /wetlands
Applicant Grey Rock Community Association
Mr Casey Henderson
2602 Hendersonville Road
Arden North Carolina 28704
Agent ClearWater Environmental Consultants Inc
224 South Grove Street Suite F
Hendersonville North Carolina 28792
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
US C 1344)
Location
The Grey Rock project site is located north of Lake Lure in Rutherford County North Carolina
In general the site is bordered to the north by Rosy Branch and Taylor Creek to the south by an
unnamed tributary to Buffalo Creek to the east by Buffalo Creek Road and to the west by the
Rutherford /Buncombe County Line Coordinates for the site are 35 507895 °N 82 205478 °W

Existing Site Conditions
The property is approximately 1 504 acres in size and is almost entirely forested Existing
infrastructure on site includes one mile of paved road two unfinished spec homes the HGTV
Dream Home an entrance gate and guard house off Buffalo Creek Road a primary gravel access
road that runs east/west across the site and a network of unimproved forest roads The site is
mountainous with elevations ranging from 1 400 to 3 000 feet above mean sea level (MSL)
The project site is located within the Mountains physiographic region of North Carolina and
more specifically the Southern Crystalline Ridges and Mountains Ecoregion Soils in this
ecoregion are characterized as well drained acidic loamy soils Soil series present on site
include Ashe Cleveland Rock outcrop Edneyville Chestnut complex Evard Cowee complex
and Greenlee Tate complex according to the Rutherford County USDA Soils Map
Streams on site are considered relatively permanent waters and include Bailey Creek Taylor
Creek Rosy Branch and their unnamed tributaries There are approximately 12 5 miles of
stream channel within the project boundary Streams within the Grey Rock project boundary are
tributaries to Buffalo Creek and Lake Lure Buffalo Creek (Lake Lure) is a tributary to the
Broad River which is a navigable in fact water in South Carolina Tributaries on site are
classified by the NC Division of Water Quality (DWQ) as class C Tr Streams are bordered by
mature riparian forests and generally considered good quality There are wetlands located on
site The wetlands are small and adjacent to or abutting associated stream channels
The table below summarizes the amounts of jurisdictional waters on site
On site Totals
Feature
Amount
Unit
Stream
66 400
linear feet
Wetlands
047
acres
Open Water
0
acres
Applicant's Stated Purpose
The basic project purpose of the proposed development at Grey Rock is to provide residential
housing More specifically the overall project purpose of the proposed development at Grey
Rock is to develop a viable upscale residential community in Rutherford County North
Carolina
Project Description
The proposed project calls for the development of approximately 375 single family lots and
associated infrastructure Grey Rock proposes to complete impacts in two phases Phase 1 will
include impacts taking place in 2012 (this phase also includes mitigation for previously
authorized impacts) and Phase 2 will include impacts to take place in 2013 A Nationwide
OA

Permit 39 (Action ID 200530067) was issued to Land Resources LLC on November 30 2005
Two stream crossings totaling 43 linear feet were constructed under this authorization
Stream and wetland impacts for both phases total 467 linear feet and 0 03 acre of wetland The
project will include the construction of 13 permanent stream impacts and 1 permanent wetland
impact associated with road crossings Culverts are existing in some road crossing locations on
site Existing crossings have been used when possible
Phase 1 will include Impacts 6 8 11 and 12 (along with mitigation for previously permitted
impacts) Impacts associated with Phase 1 will occur in 2012 Permanent Phase 1 impacts are
identified in the table below
Impact
Existing Culvert
Length
Proposed Stream
Impact
Total New Stream
Impact
6
40
91
51
8
80
96
16
11
0
62
62
12
0
72
72
7
Total
60
201
Phase 2 will include Impacts 2 3 4 5 7 10 and 13 Impacts associated with Phase 2 will occur
in 2013 Permanent Phase 2 impacts are identified in the table below
Impact
Existing Culvert
Length
Proposed Stream
Impact
Total New Stream
Impact
2*
40
48
8
3
20
55
35
4
60
72
12
5
50
88
38
7
40
60
20
10
0
73
73
13
0
80
80
Total
266
*Crossing #2 also includes 0 03 AC of wetland impact
The applicant proposes to mitigate for unavoidable stream impacts at a 2 1 ratio and in two
phases due to the timing of the proposed road construction By letter dated May 29 2012 EEP
has indicated they are willing to accept payment for impacts up to 488 linear feet associated with
development at Grey Rock (Phase 1 and impacts from the previously issued Nationwide permit)
The tables below summarize the basic mitigation requirements along with the proposed stream
mitigation for Phase I

Crossing
Total New
Impact
Compensatory
Mitigation Ratio x 1
Basic Mitigation
Requirement
1*
38
2
76
6
51
2
102
8
16
2
32
9*
5
2
10
11
62
2
124
12
72
2
144
Total New Impact
244
Total Mitigation
Required
488
*Crossing 1 and 9 were permitted and built under Action ID 200630067 (but new impacts
were not mitigated for
Phase 2 will include mitigation for 266 linear feet of stream impacts associated with Impacts 2
3 4 5 7 10 and 13 Impacts associated with Phase 2 will occur in 2013 Prior to impacts
occurring in Phase 2 the applicant will provide an updated EEP acceptance letter to the Corps
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 Cyndt Karoly by July 23
2012
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 Councils or the National Marine
Fisheries Service
4

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
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
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
5

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 July 23 2012 Comments should be
submitted to Amanda Jones Asheville Regulatory Field Office 151 Patton Avenue Room 208
Asheville North Carolina 28801 5006

Grey Rock ( +/- 1,504 ac)
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Rutherford County ,earWater Site Vicinity
North Carolina Figure I
X24 South Cno% e Street Suite F g
Hendersonville North Carolina 28792

G)
CD
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/u
0
0
i
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0
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Grey Rock k +/- 1,504 ac)
New
Existing
Proposed
Total New Impact
1
30
68 built
38
2
40
48
8
3
20
55
35
4
60
72
12
5
50
88
38
6
40
91
51
7
40
60
20
8
80
96
16
9
30
35 built)
5
10
0
73
73
11
0
62
62
12
0
72
72
13
0
80
80
Total
510
Crossing land 9 were permitted and built under Action ID
200530067 (but n w Impacts were not mitigated f r)
Crossing #2 also includes a 03 ACofwetlandimpact
)' Legend
y J I 1 1 ( Culvert
I I I r Stream
I
Linear Wetland
1 I
_ l Wetland
Project Boundary
� I '
i
I
r ,
Impact #11
— � I
r
Impact #12
' l — Impact #13
1
N '
0 250 500 1000 1500
Feet j
Drawn by RLN 06 24 12
1
CLearWat_er Site Plan
Rutherford County -� Stream and Wetland
North Carolina 224 South Grove Street, Suite F Impact Map
Hendersonville North Cdrolma 28792 Figure 4A

Grey Rock k +/- 1,504 ac)
New
Existing
Proposed
Total New Impact
1
30
68 bu It
38
2
40
48
8
3
20
55
35
4
60
72
12
5
50
88
38
6
1 40
91
51
7
40
60
20
8
80
96
16
9
30
35 built
5
10
0
73
73
11
0 1
62
62
12
0 1
72
72
13
1 0 1
80
80
Total 1
510
Crossing 1 and 9 were permitted and built under Action ID
200530067 (but new impacts were not mitigated for)
Crossing #2 also Includes 0 03 AC of wetland impact
1
1 �
I 1 }
i 1
1
Ilii �
i
1 \\ \ impact #9 ^ \ 1r
;Irnp-rt 48
t
�
t
i
\
1
'O
I
Impact #10
;Irnp-rt 48
'O
I
Impact #10
i
Legend lo
N
Culvert
_
Stream
Linear Wetland
0 250 500 1 000
1 500
/� _
�� Wetland
Feet
1
Project Boundary
rn6Yj RLN-0 4
Site
Site Plan
Rutherford County
ruLearWater
--_
and Wetland
North Carolina
224 South Grove Street Suite F
Impact Map
Hendersonville North Carolina 28792
Figure 4B

Grey Rock +/- 1,504 ac)
j)
I
t
— — impact #4
New
Existing
Prop sed
Total New Impact
1
30
68 built
38
2
40
48
8
3
20
55
35
4
60
72
12
5
50
88
38
6
40
91
51
7
40
60
20
8
80
96
16
9
30
35 built
5
10
0
73
73
11
0
62
62
12
0
72 1
72
13
0
80 1
80
T tai
1
510
Crossing land 9 were permitted and built under Action ID
200530067 (but new impact were not mitigated for)
Crossing #2 also Includes 0 03 AC of wetland Impact
Impa t #3
Imp a t #7 iIl
tt I
;
I � )
_ — — Impact #6
Impact #2
I
1
Impact 95 l 4
_ 1 �
l i
Legend
N �� Impact#1
_ ~ Wr a Culvert
Stream
Linear Wetland \
0 250 500 1 000 1 500 ) �\ _ _ 4> Wetland
FIE Feet Project Boundary
I 1f
CLearW_a_t_er Slte Plan
Rutherford County _ Stream and Wetland
North Carolina 224 South Grove Street Suite F Impact Map
Hendersonville North Carolina 28792 Figure 4C