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Home My WebLink About20140471 Ver 1_USACE Correspondence_20140715REPLY TO ATTENTION OF. DEPARTMENT OF Tt1E ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS IS] PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 July 10, 2014 Regulatory Division Action ID: SAW-2014-00219 Richard Herman South Market, LLC 112 South Main Street Hendersonville, North Carolina 287921 Dear Mr. Herman: Reference is made to your March 18, 2014, Department of the Army permit application in which you requested a permit for impacts to approximately 0.75-acre of wetland, 10 If of stream channel, and about 0.11 -acre of open water for the development of the approximately 9-acre site. The project will consist of a 49,210-square foot commercial retail store, a 4,125-square foot retail store, approximately 300 parking spaces, and associated infrastructure. The purpose of this letter is to provide you with comments received in response to the Public Notice dated May 21, 2014 and request that additional inforination be submitted to continue the review of your permit request. By letter dated April 15, 2014, the North Carolina Wildlife Resource Commission (NCWRC) provided comments in response to the Public Notice which are attached for your review. NCWRC noted that the project will have no effect on trout. Based on this finding, the proposed activities are not subject to the trout spawning moratorium. No special conditions or modifications were recommended, By letter dated June 23, 2014, the United States Department of the Interior, Fish and Wildlife Service, provided comments in response to the Public Notice which are attached for you review. Please address their comments under Fish and Wildlife resources detailed in their letter concerning the potential indirect and secondary impacts that could occur to the wetlands on the subject property, The Corps is also in receipt of correspondence from Mr. Davis van Baker,gem, Partner, OILP300 Chadwick Square, Hendersonville, North Carolina, proposing an alternate plan labeled, Special Wetlands District Plan. OILP proposes that a swap of wetlands and the relocation of the creek would yield a more functional site plan for the store, a better configured parking lot and a more protected view for the Chadwick Square Apartments. If the creek were relocated to the west, the store could face the Greenville Highway and a natural, wetlands buffer could be developed to the south of the store. The swap would involve the City of Hendersonville allowing -2- the commercial use to encroach on the current wetlands to the west and replace the wetland acreage with expanded wetlands area to the South. Please provide an update regarding the proposed alternate plan including a summary of your efforts to resolve the matter. A copy of Mr. 1--lermans' correspondence is attached for your reference. We have not received your final mitigation plan in accordance with the Wilmington District's Interagency Stream Mitigation Guidelines (2003) and the recently published federal rule entitled Compensatory Mitigation for Losses of Aquatic Resources (33 CFR Part 332). Please provide supporting information concerning your choice of onsite rnitigation verses mitigation through the NC EP program. Final mitigation plans will have to be submitted before the issuance of this permit. If you would like: to respond to these comments please do so no later than July 30, 2014. We have no further outstanding questions or comments regarding your application. If you have any questions, please contact me at (828) 271-7980, extension 224. Sincerely, I William Elliott Regulatory Specialist Asheville Regulatory Field Office cc (w/encls). R. Clement Riddle Clear Water Environmental Consultants, Inc., 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 cc (w/o encls), ,/Karen Higgins North Carolina Division of Water Resource 1.617 Mail Service Center Raleigh, North Carolina 27699-1617 Mr. Bryan Tompkins U.S. Fish and Wildlife Service 1.601 Zillicoa Street Asheville, North Carolina 28801 -3_ Doug Kesler Mountain Region Fisheries Supervisor North Carolina Wildlife Resources Commission 645 Fish Hatchery Rd. Marion, North Carolina 28752 Davis van Baker ern Partner, 011-P 300 Chadwick Square Hendersonville, North Carolina 28792