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Home My WebLink About20061539 Ver 2_USACE Correspondence_20120809REPLY TO ATTENTION OF o (o - IS 3q u a- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801 -5006 August 7, 2012 Regulatory Division Action ID: SAW- 2012 -01013 Mr. Casey Henderson Grey Rock Community Association C/o IPM Post Office Box 580 Arden, North Carolina 28704 Dear Mr. Henderson: AUG:WA7Z:R0]iuA.L.1,T--y. DENR - Leuands s-A. - ... - -- Reference is made to your June 4, 2012 permit application and our subsequent Public Notice dated June 22, 2012 which proposes the construction of a residential development known as Grey Rock, north of Lake Lure, in Rutherford County, North Carolina. The project as proposed will impact approximately 467 linear feet of stream channel and 0.03 acre of wetland associated with the construction of roads to access the development. The purpose of this letter is to provide you with the opportunity to respond to the comments received from the Public Notice and outline additional information necessary to continue the review of your application. All the comment letters received in response to the Public Notice are enclosed for your review and the concerns /comments are summarized below. Several of the letters received were from coordinating federal and state resource agencies in which they provided similar comments and concerns. By letter dated July 23, 2012, the North Carolina Wildlife Resources Commission ( NCWRC) provided comments regarding the presence of trout in the area. NCWRC recommended avoiding impacts to stream channels that drain to Rosy Branch and Taylor Creek between January 1 and April 15. NCWRC also recommended using bridges for some of the larger stream crossing to avoid impacts and the removal of culverts /roads that were originally permitted but are no longer needed. NCWRC noted that erosion controls for sensitive watersheds should be implemented and recommended rock dissipaters as needed at culvert outlets to minimize downstream channel scour. NCWRC noted that the state listed amphibian, green salamander is located on the property and would like the opportunity to coordinate with the applicant for conservation of the species and its habitat where possible. NCWRC was also concerned about past impacts to stream channels on the property due to excessive sedimentation from previous road construction and the potential for these types of impacts to occur again. By letter dated July 24, 2012, the U.S. Fish and Wildlife Service ( USFWS) provided comments on the project. USFWS commented that the site contains suitable habitat for the federally endangered plant species, white irisette (Sisyrinchium dichotomun) and surveys should -2- be conducted to determine if the species is present and potentially impacted as a result of the project. USFWS also recommended conducting a visual inspection of migratory bird nesting habitat during the nesting season of March through September and avoiding impact to these nesting areas during that timeframe in accordance with the Migratory Bird Treaty Act (16 U.S.C. 703 -712) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668- 668d). USFWS also recommended typical low impact development techniques to minimize impacts to aquatic resources on the site such as bridges, protection of forested riparian buffers, and stringent sediment and erosion control measures. By letter dated July 12, 2012, the North Carolina Division of Water Quality (DWQ) provided comments and outlined additional information that should be submitted. By letter dated July 16, 2012, the North Carolina Department of Cultural Resources, State Historic Preservation Office (SHPO) commented that there are no known recorded archaeological sites within the project boundaries but the area has never been systematically surveyed. SHPO recommended a survey be conducted in appropriate areas. By letter dated June 29, 2012, NOAA's National Marine Fisheries Service (NMFS) commented that the project would not occur in the vicinity of essential fish habitat (EFH). Several comment letters were also received from surrounding landowners which outlined a variety of environmental and economic concerns. The Corps shares many of the concerns outlined in the comments received. Specifically with regards to USFWS's comments, we request that a survey for white irisette be conducted within suitable habitat in the proposed impacts areas to include road crossings /corridors and proposed lots. This survey is required to determine compliance with Section 7 of the Endangered Species Act. We also encourage that the applicant take measures to avoid impacts to the state listed green salamander by identifying and avoiding appropriate habitat and also encourage compliance with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act by avoiding impacts to nesting areas from March through September. Visual inspections for nests should be conducted prior to any construction activities requiring tree removal during this timeframe to ensure that impacts are avoided. In the event that nests are identified in proposed impact areas, we recommend you coordinate with the U.S. Fish and Wildlife Service, Asheville Field Office to ensure compliance with these laws. With regards to avoidance and minimization efforts, information should be submitted that evaluates the use of bridges at proposed crossings where previous logging roads do not exist. We also request that you evaluate the removal of the previously permitted crossing #9 which does not appear to be needed to access residential lots. Based on a review of the proposed lot layout, there appears to be stream channels and wetlands that would be impacted by future lot development and driveways. Any impacts for access and development of lots must be included along with a mitigation plan to account for these impacts in the event they cannot be avoided and minimized. Detailed plans for the road crossings should also be submitted along with information that details how sediment and erosion control measures will be implemented to prevent re- occurring impacts to downstream waters. Your mitigation plan outlines payment into the North Carolina Ecosystem Enhancement Program which is an acceptable form of mitigation. However, due to the past and current funding history of the project, financial assurances will be required to ensure that money will be available to provide the required mitigation. Please visit -3- our website, http:// www .saw.usace.army.thil/Wetlands /, to download the U.S. Army Corps of Engineers, Institute for Water Resources informational paper titled Implementing Financial Assurance for Mitigation Project Success (June 2011) for more information on acceptable forms of financial assurances. The purpose of this letter is to provide you with the comments received in response to the Public Notice, outline our concerns and additional information needed to make a permit decision, and provide you with an opportunity to respond in a timely manner. Once you have submitted a response these comments, we will thoroughly evaluate this information and make a permit decision. Requested information should be submitted within 30 days from the date of this letter or your permit request will be withdrawn. If you have any questions, please contact me at (828)- 271 -7980, extension 231. Sincerely, OAI� - Amanda Jones Acting Field Office Chief Asheville Regulatory Field Office Enclosures Copy furnished with enclosures: Mr. Clement Riddle C1earWater Environmental Consultants, Inc. 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Copy furnished (without enclosures): Mr. Ian McMillan North Carolina Division of Water Quality 401 Oversight & Express Review 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Mr. Brian Cole Asheville Field Office U.S. Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 SE Mr. Dave McHenry North Carolina Wildlife Resource Commission Division of Inland Fisheries 1721 Mail Service Center Raleigh, North Carolina 27699 -1721