20140356 Ver 1_Spruce Pine Ltr_20140815

Burdette, Jennifer a
From: Richard <spmgr @bellsouth.net>
Sent: Friday, August 15, 2014 9:03 AM
To: tasha.l.mccormick @usace.army.mil; Burdette, Jennifer a; jennifer.robertson@wetland -
consultants.com; Ibatt @uniqueplacesllc.com
Attachments: D00032.PDF
Please see attached.
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Town of Spruce Pine, North Carolina
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August 15, 2014
US Army Corps of Engineers
Asheville Regulatory Field Office
Attn: Mrs. Tasha Alexander
151 Patton Avenue, Room 208
Asheville, NC 28801
RE: Restrictive covenants held by the Town of Spruce Pine on the Beaver Creek watershed tract
Dear Mrs. Alexander:
We understand that the Quartz Corp is working with Rocky River Hydro, LLC (RRH) to develop a plan
for providing compensatory stream mitigation for permit Action ID 2013 -01376 through preservation in
the Beaver Creek watershed. In a letter dated February 21, 2014, the Town of Spruce Pine (Town) noted
our support of this project and intent to hold the conservation easements.
This follow -up letter serves to discuss several points regarding the existing restrictive covenants on the
Beaver Creek tract, particularly as related to Condition 3 ( "300 feet Stream Buffers ") of the restrictive
covenants.
First, as noted in the covenants, the 300 -ft wooded buffer extends only to watercourses and waterbodies
shown in Exhibit C of the deed, which includes those streams that are designated on the USGS
topographic map. We understand that additional streams and wetland seeps exist within the watershed
outside of the buffer area designated in the covenants, and that the proposed mitigation project would
extend protection to these areas. The Town supports this expanded protection.
Second, the Town has the right to revoke or revise the covenants we hold within the watershed. This
could be considered based on potential revenue generated from selective timbering or other resource uses,
provided these activities were conducted in accordance with WS -I rules (i.e., no timbering within a 50'
buffer). The Town had considered selective logging in a watershed tract owned by the Town before the
sale of the Beaver Creek property to RRH. Additionally, if use of the Beaver Creek reservoir were ever
discontinued in favor of improvements to our other existing water facility or an alternative water supply,
the WS -1 classification and covenants could be revoked and the watershed would remain unprotected
unless it were in a permanent conservation easement.
We see this project as the best way to eliminate threats to the Beaver Creek watershed and protect water
quality in perpetuity.
Sincerely your
ichard Canipe
Town Manager
Cc: Jennifer Burdette, NC Division of Water Resources
Lynnette Batt, Unique Places LLC
Jennifer Robertson, Wetland and Natural Resource Consultants, LLC
Post Office Box 189, Spruce Pine, North Carolina 28777 -0189
Telephone: [phone] l=ax: (828) 765 -3014 Website: www.sprucepine- nc.gov