20051457 Ver 1_Cyndi Karoly Emails_20050805 (14)

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1''' 1 PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: June 28, 2005
Comment Deadline: July 28, 2005
Corps Action ID #:200330194
All interested parties are herby advised that the Wilmington District, Corps of Engineers (Corps)
has received an 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. arm y.m i l /wetlands
Applicant: Cleveland County Sanitary District
C/O Butch Smith, General Manager
Post Office Box 788
439 Casar Lawndale Road
Lawndale, North Carolina 28090
AGENT: Pamela M. Boaze
Fish and Wildlife Associates, Inc.
Post Office Box 241
25 Water Tower Lane
Whittier, North Carolina 28789
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act
(33 USC 1344).
The Corps is soliciting scoping 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. Comments received will be used to determine whether the magnitude
of anticipated impacts require the preparation of an Environmental Assessment (EA) or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Specific comments are requested regarding potential impacts on endangered species,
historic properties, water quality, general environmental effects and the other public interest
factors including 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.
Location
The conceptual project, known as the First Broad River Reservoir, is an approximate 2,245 acre
impoundment of the First Broad River, associated tributaries, and adjacent wetlands located
north of Lawndale, Cleveland County, North Carolina. The impoundment will extend along the
First Broad River from the proposed dam location just west of Lawndale Casar Road to a point
approximately 10 miles upstream in the vicinity of Casar Road. The approximate coordinates of
the proposed dam location are 35.4335406 N, and 81.5685226 W (Lawndale USGS Quadrangle
Sheet).
Existing Site Conditions
The project elevation starts at 880 -feet in northwestern Cleveland County and descends to 790 -
feet near Lawndale at the proposed dam. Local relief averages 200 -feet through rolling to hilly
lands. Much of the land is being used for agriculture, leaving narrow strips of natural vegetation
adjacent to the river and tributaries. The project area ranges from broad alluvial flats to steep
slopes. Most of the natural vegetation remaining within the impoundment zone consists of
Piedmont/Low Mountain Alluvial Forest (using Schafale and Weakley's Classification of the
Natural Communities of North America, Third Approximation (1990)). These areas are
dominated by river birch, tulip poplar, sycamore, red maple, black walnut, box elder, ironwood,
American holly, and invasives including Chinese privet, multiflora rose, and Japanese
honeysuckle. The riparian zone of the First Broad River is continuously wooded in a narrow
band providing a wildlife corridor. Fishery surveys in the river and tributaries note that the river
supports a warm water fishery including sunfish, darters, and suckers.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to provide a regional water supply source
for Cleveland County Sanitary District (CCSD) customers. CCSD customers, comprised of
residential, small businesses, and agricultural use, are located in four counties and two states:
Cleveland, Rutherford, Gaston, and Lincoln Counties in North Carolina and Cherokee County in
South Carolina. CCSD has projected, based upon current rates of growth, that water needs for its
customers will double by the year 2050. Current water sources and treatment facilities cannot
meet this demand. The project is also to prevent the reoccurrence of water shortages in the
region as experienced during the drought conditions of 1999 -2002.
Project Description
Preliminary plans estimate the construction of an 83 -foot high dam across the First Broad River
at a location 1.4 miles north of Lawndale near the terminus of SR 1671. The proposed
earth - filled dam will be approximately 1,245 -feet wide at the base and will have a 1,000 -foot
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wide emergency spillway on the south side. The applicant has stated that the specific dam
dimensions are subject to revision but that the reservoir footprint will not change. The dam will
create a reservoir with a surface area of approximately 2,245 acres impounding those areas
below elevation 860 -feet msl. Flooding impacts will include the loss of 24 miles of river and
stream habitat and 1,400 acres of forested and agricultural land. The application indicates that
riparian wetland impacts of less than 1 acre will occur if the project is constructed, however,
these impacts have not been field verified at this time.
The water supply reservoir will impact five existing bridges or culverts and necessitate
approximately 2.2 miles of roadway improvements on North Carolina Department of
Transportation roads. The roadway improvements are associated with work necessary to
construct the five new bridges and the elevation of the roadways on either side. The
bridge /roadway improvements are to occur at Mauney Road (SR1513), Oak Grove Clover Hill
Church Road (SR 1509), Delight Road (SR 1512), Kistler Road (SR 1514), and Hicks Hill Road
(SR 1501). There will be no new roadway construction associated with the project.
A vicinity map, proposed reservoir location map, and a plan view of the proposed dam are
provided with this public notice.
Proposed Mitigation
The applicant proposes to develop mitigative measures to address effects upon species of
concern, the loss of stream in the dam footprint, the conversion of stream and adjacent wetlands
to lake aquatic habitat, and the loss of terrestrial habitat. These measures include but are not
limited to: movement /relocation of species of concern to other suitable habitat; the establishment
of a forested buffer of at least 100 -feet around the entire reservoir; the purchase of larger tracts of
adjacent land to be maintained as natural areas such as gamelands in conjunction with the NC
Wildlife Resources Commission (WRC); the development of a lake fishery in the reservoir in
cooperation with WRC; the pursuit of additional conservation easements on tributaries and
headwater areas around the reservoir; stream restoration opportunities will be pursued; and the
construction of recreational facilities such as public boat launch areas, public bank fishing
access, and picnic areas developed in consultation with WRC and the Parks & Recreation
Department.
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 July 28, 2005.
Cultural Resources
A Phase 1 archaeological survey was performed on accessible (with landowners permission)
portions of the project area in July 2003 by Joy and Carruth. Two sites were determined to be
potentially eligible for the National Register of Historic Places. Those properties within the
project area that were inaccessible due to landowners refusing permission will need to be
surveyed after acquisition. All survey results will be coordinated with the State Historic
Preservation Office (SHPO) in accordance with the requirements of Section 106 of the National
Historic Preservation Act.
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 (ESA), that the
proposed project may affect federally listed endangered or threatened species or their formally
designated critical habitat. An identified population of the federally threatened small - flowered
heartleaf (Hexastylis naniflora) is located within the proposed impoundment area. Consultation
under Section 7 of the ESA will be initiated and no permit will be issued until the consultation
process is complete.
Evaluation
The decision whether to prepare an EIS 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. 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 is soliciting comments 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
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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, July 28, 2005. Comments should be
submitted to Mr. David Baker, U.S. Army Corps of Engineers, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801 -5006.
A copy of the complete application package may also be reviewed at the Corps of Engineers
office at the above address during normal business hours.
5

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NC -10
Belwood
Proposed Reservoir
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Fallston
Polkville
Lawndale
General Vicinity Map, Cleveland County, NC
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Strickland, Bev
From: Karoly, Cyndi
Sent: Monday, August 12, 2013 2:16 PM
To: Strickland, Bev
Subject: FW: FW: Property owners want hearing on upper Cleveland reservoir
Attachments: First Broad River Reservoir.pdf
- - - -- Original Message---- -
From: Cyndi Karoly [ mailto :cyndi.karoly(@ncmail.net]
Sent: Friday, August 05, 2005 3:34 PM
To: Elizabeth.Kountis; Tom Reeder; Alan Clark; Alan Johnson; Melba McGee; David.K.Baker; Rex
Gleason; Ian McMillan; Laurie J Dennison
Subject: Re: FW: Property owners want hearing on upper Cleveland reservoir
Elizabeth, et al
The 401 Unit received the Corps' Public Notice for this project on June 30, 2005, a copy of
which is attached. Note that the primary point of the PN is to serve as notice of a formal
404/401 application. The secondary point is to solicit opinions as to whether an EIS or EA
should be required. This project has been entered in our database as DWQ project #2005 -1457
and you may encounter it under various nicknames including Cleveland County Reservoir, First
Broad River Reservoir, Cleveland County Sanitary District c/o Butch Smith, Cleveland Dam, or
the Uppper Cleveland Dam /Reservoir. Since that time we've gotten 15 responses to the notice
directed or copied to DWQ and the Corps. These include four separate letters in favor, ten
opposed (nine of which were a form letter), and one from Alan Clark, Chief of DWQ's Planning
Section, directed to the Corps and recommending that an EA be prepared.
Apart from that, the only other file material at this time is a letter from the EPA
recommending an EIS. Once I get some feedback from Alan Johnson in the MRO as to his
technical review of the project, we'll send a collective hold letter from Central with the
following hold items:
1)they didn't pay an application fee,
2)need for a SEPA document (Melba - do you have any info or opinions to share ?). Note that if
it's determined that a SEPA or NEPA document is required, we can't even begin to process the
401 until the project has cleared the State Clearinghouse,
3) technical issues from MRO...
4)others ... If there are other issues of which I need to be aware, with this project already
in the permit mill, please advise and I will be sure to include them in our correspondence
with the Corps and the applicant.
Also, for you folks here in Raleigh, I'll be happy to go over the 401 process and share the
file materials with you to help ensure that we all handle this properly. i.e.- Elizabeth,
With respect to the reclassification - that may put the brakes on this application for a
longer time than the SEPA question.
Elizabeth.Kountis(@ncmail.net wrote:
>This is the first I've heard about this project. Do you have any more info?
>A reclassification may be needed for this proposed water supply.
1

> ----------------------------------------------------------------------
> Subject:
> Property owners want hearing on upper Cleveland reservoir
> From:
> susan massengale <susan.massengale(@ncmail.net>
> Date:
> Thu, 28 Jul 2005 09:56:49 -0400
> To:
> DWQ Clips <DENR.DWQ Clips.DWQ(@ncmail.net>
> To:
> DWQ Clips <DENR.DWQ Clips.DWQ(@ncmail.net>
> From the Shelby Star
> Property owners want hearing on upper Cleveland reservoir Joy Scott
> <mailto:Joy Scott(@link.freedom.com>
> Star Staff Writer
> Joy Scott
> joy scott(@link.freedom.com
> SHELBY — At least one property owner has requested a public hearing
> concerning the reservoir planned for upper Cleveland County, according
> to David Baker, a project manager for the U.S. Army Corps of Engineers.
> The Corps of Engineers is the agency that will approve or deny the
> Cleveland County Sanitary District's request to build the reservoir by
> damming up part of the First Broad River.
> A date for a public hearing hasn't been set. The Corps would have to
> review the person's reasons for asking for the hearing before deciding
> whether to hold one, said Baker.
> As of Monday the Corps received close to 20 letters, said Baker.
> Opinions of favor and opposition are mixed, he said.
> There's one day left for people to comment about the reservoir.
> The district wants to build the reservoir to prevent a water shortage
> in case there's another drought. It would consist of an 83 -foot tall
> dam across the river, 1.4 miles north of Lawndale. A copy of the
> application, including the map of the reservoir, can be viewed on the
> Corps' Web site (see below) and at the Corps' Asheville office.
> Thursday at 5 p.m. is the deadline to make a written request for a
> public hearing on the project or to submit written comments to the
> Corps. The address is U.S. Army Corp of Engineers, 151 Patton Ave.,
> Room 208, Attn: David Baker, Asheville, NC 28801 -5006.
> Anyone wanting to comment on the district's application under Section
> 401 of the Clean Water Act should do so in writing to the North
> Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
N

> NC 27699 -1650, Attn: Cyndi Karoly, by July 28.
> On the Web:
> 17601 * -* 7/27/2005 - LN
3