20131200 Ver 3_Public Notice_20150708

; PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District Issue Date: July 8, 2015
Comment Deadline: August 7, 2015
Corps Action ID Number: SAW- 2013 -02262
The Wilmington District, Corps of Engineers (Corps) received an application from
Mr. Jeff Brown of Tryon Equestrian Partners, LLC seeking Department of the Army
authorization to impact 1,463 linear feet (If) of unnamed tributaries (UT) of White Oak Creek
and 0.02 acres (ac) of jurisdictional wetlands, associated with the proposed development of 1,276
acres for a resort, equestrian center, and residential community known as the Tyron International
Equestrian Center (TIEC) southeast of the intersection of Pea Ridge Road and U.S. Highway 74,
northeast of Tryon in Polk 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 httn: / /www.saw.usace.armv.mil/ Missions /Re"latorvPermitProp-ram.asi)x
Applicant:
AGENT (if applicable)
Authority
Mr. Jeff Brown
Tryon Equestrian Partners, LLC
2659 Sandy Plains Road
Tryon, North Carolina 28782
Mr. Clement Riddle
Clearwater Environmental Consultants, Inc.
32 Clayton Road
Asheville, North Carolina 28801
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of the following Statutory Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)

Location
From U.S. Highway 74 and take the Pea Ridge Road Exit (Exit 170). Turn south on to Pea Ridge
Road and the site is immediately to the south.
Project Area (acres): 1,276 Nearest Town: Tryon
Nearest Waterway: UTs White Oak Creek and Latitude and Longitude: 35.274474 N
White Oak Creek
River Basin: Upper Broad (03050105)
Existing Site Conditions
- 82.055471 W
The TIEC project site consists of Phase I of the equestrian facilities, residential lots and roads,
undeveloped land, a partially finished (12 holes) golf course, approximately 6 single- family
homes, and approximately 3 miles of roads. Elevations range from approximately 966 feet above
mean sea level (MSL) on the northern portion of the property to 760 feet above MSL on the
southeastern portion of the property. Several natural communities are present on site; each
community is described in further detail below.
Pine Plantation - There are several areas on the project site composed of planted pine plantation.
The pines are primarily Virginia pine (Pious virginiana) and loblolly pine ( Pinus taeda). These
trees range in age from approximately five to thirty years old. These areas have been planted in
dense rows or densely seeded patches and almost completely shade out other forms of
vegetation. Drought tolerant ferns such as bracken fern (Pteridium aquilinum) and ebony
spleenwort (Asplenium platyneuron) were observed but uncommon. Common greenbriar (Smilax
rotundifolia) was also occasionally observed.
Pine - Oak -Heath - This habitat occurs on south facing slopes and on the tops of ridges on site.
Flat areas in the uplands on the southern side of the site contain various successional stages of a
pine- oak -heath habitat. The canopy layer is dominated by Virginia pine, loblolly pine, red oak
(Quercus rubra), and white oak (Quercus alba). Saplings of the species listed above along with
flowering dogwood (Cornus Florida), American holly (Ilex opaca), and red maple (Acer rubrum)
dominate the midstory of this area. Shrub species observed include blueberry (Vaccinium
pallidum), deerberry (Vaccinium stamineum), and sassafras (Sassafras albidum). Vines observed
included white leafed greenbriar (Smilax glauca), sawtooth greenbriar (Smilax bona -nox), and
common greenbriar. The herb layer is sparse and is comprised of composites such as goldenrod
(Solidago spp.) and whorled coreopsis ( Coreopsis major). Xeric ferns such as bracken fern are
occasional.
Montane Oak- Hickory/Dry Oak - Hickory - This habitat is found on sites with dry to mesic slopes
and partly sheltered ridgetops at moderate to fair elevations. The overstory of this community is
dominated by white oak, red oak, Southern red oak (Quercus falcata), sweet pignut hickory
(Cayra glabra var. odorata), mockernut hickory (Carya tomentosa), and shagbark hickory
(Carya ovata). Other trees observed were sourwood (Oxydendron arboreum) and tulip poplar
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(Liriodendron tulipifera). Conifers such as red cedar (Juniperus virginiana), white pine (Pious
strobus), Virginia pine, and Canada hemlock (Tsuga canadensis) were observed but rare in this
habitat. Species observed in the midstory include flowering dogwood, and American holly.
Typical shrubs in this habitat include mountain laurel (Kalmia latifolia), great rosebay
rhododendron (Rhododendron maximum), huckleberry (Gaylusaccia baccata), American
hazelnut (Corylus americana), maple leaf viburnum (Viburnum acerifolium), nanny berry
(Viburnum prunifolium), coral berry (Symphoricarpos orbiculatus), blueberry, and deerberry.
Vines such as common greenbriar and sawtooth greenbriar are common. The herb layer is sparse
and patchy. Common members include false Solomon's seal (Smilacina racemosa), false yellow
foxglove (Aureolaria flava), goldenrod, whorled coreopsis, spotted wintergreen (Chimaphila
maculatum), woodland sedge, (Carex rosea), panic grasses (Panicum spp.,) and Virginia
snakeroot (Aristolochia serpentaria).
Rich Cove Forests (Montane Intermediate Subtype) - This habitat occurs in mesic forests at low
to mid elevations. Usually found on lower concave slopes and flats above streams. Many trees in
this habitat are shared with the dry oak - hickory list such as red oak, blackjack oak (Quercus
marilandica), scarlet oak (Quercus coccinea), chestnut oak (Quercus prinus), white oak,
mockernut hickory, sweet pignut hickory, and shagbark hickory. Additional members observed
in the Rich Cove Forest are Canada hemlock, red elm (Ulmus rubra), basswood (Tilia
americana), and buckeye (Aesculus octandra). Herbaceous plants that occur on steep slopes
above the floodplain of White Oak Creek include bloodroot (Sanguinaria canadensis), mayapple
(Podophyllum peltatum), Indian cucumber root (Medeola virginiana), trilliums (Trillium spp.),
rattlesnake plantain (Goodyera pubescens), and Christmas fern (Polystichum acrostichoides).
Other herbs observed that are typical of rich coves include black cohosh (Cimicifuga racemosa),
American ginseng (Panax quinquefolia), mountain mints (Pycnanthemum spp.), wild comfrey
(Cynoglossum virginianum), beech fern (Thelypteris hexaganoptera), Southern lady fern
(Athyrium filix femina), maidenhair fern (Adiantum pedatum), Solomon's seal (Polygonatum
biflorum), wild geranium (Geranium maculatum), and Jack -in- the - pulpit (Arisaema triphyllum).
Montane Mafic Cliffs - This community is defined as steep to vertical slopes on metamorphic,
basic igneous, or mafic rock. This habitat is in the northwest section of the site just north of
White Oak Creek and consists of large boulders and exposed rock faces. A closed tree canopy
was lacking in this area but saplings of Canada hemlock, hackberry (Celtis laevigata), and hop
tree (Ptelea trifoliata) were present. An understory dominated by vines such as common
greenbriar, Virginia creeper (Parthenocissus quinquefolia), and poison ivy (Toxicodendron
radicans) was observed. Herbs such as wild comfrey, spotted St. John's wort (Hypericum
punctatum), and resurrection fern (Polypodium sp.) were scattered.
Montane Alluvial Forest (Large River Subtype) - This habitat is found on the floodplains
surrounding White Oak Creek and its major tributaries. Dominant trees observed in this habitat
include green ash (Fraxinus pensylvanicum), sweetgum (Liquidambar styraciflua), sycamore
(Platanus occidentalis), four wing silverbell (Halesia tetraptera), river birch (Betula nigra),
basswood, ironwood, and red maple. Dominant shrubs in this habitat include hop tree, button
bush (Cephalanthus occidentalis), spicebush (Lindera benzoin), bubby bush (Calycanthus
floridus), tag alder (Alnus serrulata), elderberry (Sambucus canadensis), black willow (Salix
nigra), yellowroot (Xanthorhhiza simplicissima), rivercane (Arundinaria gigantea), Virginia

willow (Itea virginica), and silky dogwood (Cornus amomum). Vines observed include Virginia
creeper, poison ivy, and Japanese honeysuckle (Lonicera japonica). Examples of herbaceous
species in the alluvial forest include orange jewelweed (Impatiens capensis), pokeweed (Phytolacca
americana) tear thumb (Polygonum sagittatum), and Halberd leafed violet (Viola hastata).
Wetlands - The wetlands on this site are composed of non - alluvial bottomland hardwood
depressions and stream head seeps. Dominant trees such as green ash, red maple, and black
willow are common but patchy along the wetlands. Most shrubs were observed on hummocks
and include species such as Virginia willow, elderberry, silky dogwood, spicebush, tag alder, and
yellowroot. Other shrubs such as swamp haw (Viburnum nudum) were uncommon. The
understory is composed of dominant species such as microstegium ( Microstegium vimineum),
downy lobelia (Lobelia pubera), orange jewelweed, stinging nettle (Urtica dioca), ironweed
(Vernonia novaeboracensis), and green coneflower (Rudbeckia lacinata). Emergent herbs such
as arrow leaf arum (Peltandra virginica) and spatterdock (Nuphar luteum) are found in lower
areas associated with flooding. The sedge and grass species are dominant in the herb layer and
cover most of the understory. Common sedges observed include shallow sedge (Carex lurida),
fringed sedge (Carex crinita), hop sedge (Carex lupilina), and pointed broom sedge (Carex
scoparia). Rushes such as false nutsedge (Cyperus strigosus) and woodland bulrush (Scirpus
expansus) were also observed. Small patches of ferns observed include cinnamon fern (Osmunda
cinnamomea) and netted chain fern (Woodwardia areolata).
Stream Bank and Riparian - These freshwater habitats include the streambeds and banks of White
Oak Creek, and its unnamed tributaries. White Oak Creek flows through the site, while other
unnamed tributaries have their origins in seeps and springs on site. Permanently rooted aquatic
plants are practically non - existent in swift streams such as those on site. Most streams are incised
and are bordered by hardwood forests dominated by tulip poplar, red maple, sweetgum, buckeye,
and river birch. In addition to saplings of the above trees, species commonly observed in the shrub
layers along streams include great rhododendron, mountain laurel, and spicebush. The streamside
herbaceous layer includes microstegium, southern lady fern, heart -leaf (Hexastylis spp.), and
Christmas fern. Sedge species such as shallow sedge, fringed sedge, and foxtail sedge (Carex
vulpinoidea) are scattered along the banks.
Clear Cut/Power Line and Gas Rights -of -Way - This habitat is seasonally cut and maintained
through mechanical means such as mowing and bush hogging. Most of this man -made habitat is
located in areas that were previously Montane Oak - Hickory or Pine - Oak - Heath, and it resembles
an old field successional site. Some early successional tree saplings and shrubs exist but this site
is dominated by herbs and grasses. Trees such as red maple, blackjack oak, scarlet oak, southern
red oak, white oak, chestnut oak, red cedar, black locust (Robinina pseudacacia), and tree -of-
heaven (Ailanthus altissima) are on the right -of -way edge as the forest edge takes over. Shrubs
observed in this habitat include black raspberry (Rubus occidentalis), wineberry (Rubus
phoenicolasius), mountain laurel, great rhododendron, and American hazelnut. Herbs and grasses
dominate this habitat and species observed include goldenrods, whorled coreopsis, hoary
mountain mint (Pycnanthemum incanum), butterfly weed (Asclepias tuberosa), ironweed, Queen
Anne's lace (Daucus carota), alternate leaf wing stem (Yerbesina alternifolia), and crownbeard
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(Verbesina occidentale). Other less common plants included butterfly pea (Clitoria mariana),
fleabane (Erigeron philadelphicus), evening primrose (Oenothera biennis), sunflowers
(Helianthus spp.), Indian plantain (Cacalia muhlenbergii), and round leaf eupatorium
(Eupatorium rotundifolium).
Montane Alluvial Clear Cut and Existing /Future Golf Course - This habitat is on the floodplain
of White Oak Creek. It will be constantly cut and maintained as an official golf course. Tree,
shrub, and stump removal has resulted in a lack of overhead canopy. It is being converted to
uniform lawn and sand traps. Grass species such as Bermuda (Cynodon dactylon), fescue
(Festuca sp.), blue grass (Poa spp.), broom sedge (Andropogon virginicus), and Foxtail millet
(Setaria sp.) have been sown.
Landscaped Areas and Residential Lawns - Turf grass or maintained lawns were identified on
certain areas around the TIEC. This includes a number of completed residential lawns,
maintained grass medians, and landscaped areas. These areas undergo regular mowing and
maintenance. Vegetation in these areas was dominated by a variety of introduced grasses
including perennial ryegrass (Lolium perenne), redtop (Agrostis gigantea), red fescue, bluegrass,
and fescue. Other common herbaceous species included dandelion (Taraxacum officinale), lyre -
leaf sage (Salvia lyrata), common plantain (Plantago major), lance leaf plantain (Plantago
lanceolata), and white clover (Trifolium repens).
The project site is located within the Piedmont physiographic region of North Carolina and more
specifically the Southern Inner Piedmont Ecoregions. Three soil associations are present on site:
the Pacolet- Madison -Rion association, the Pacolet- Bethlehem -Rion association, and the
Riverview - Chewacla- Buncombe association. The Pacolet- Madison -Rion association and the
Pacolet- Bethlehem -Rion association are classified as gently sloping to steep, well drained soils.
These associations are found on piedmont uplands. The Riverview - Chewacla- Buncombe
association is classified as nearly level and gently sloping, somewhat poorly drained to
excessively drain soils. This soil association is found on floodplains. Soil series present on site
include: Buncombe, Cecil, Chewacla, Grover, Madison, Pacolet- Bethlehem complex, Rion -
Ashlar -Rock outcrop, Rion - Cliffside complex, Skyuka, and Wehadkee.
Wildlife species inhabiting the site include those typically found in the forest types of the region
previously described above. Although site - specific studies and inventories documenting species
utilization of the TIEC project area have not been conducted, general observations of fish and
wildlife use were recorded during the wetland and stream delineation; and the threatened and
endangered species assessments.
In 2013, Tryon Equestrian Partners purchased approximately 417 acres adjacent to John Shehan
Road which has become the main site for the equestrian facilities. The Corps issued a
Nationwide Permit 39 (Action ID SAW -2013- 02262) for 290 linear feet of permanent stream
impact and 5 linear feet of temporary stream impacts associated with development of Phase I of
the equestrian facilities in February 2014.
E

The TIEC includes approximately 935 acres of property previously known as White Oak
Plantation. White Oak Plantation was planned as an 18 -hole golf course community with
equestrian oriented amenities. In 2012, the local bankruptcy court ordered the auction of White
Oak Plantation. At that time, approximately 29 lots were sold and approximately 6 houses were
constructed in the original development.
In December of 2005, the Corps issued Nationwide Permits 12 and 13 for bank stabilization and
a water intake on White Oak Creek under Action IDs SAW- 2006 -30110 and SAW- 2006 - 30195.
In June of 2006, the Corps issued Nationwide Permit 39 (Action ID SAW- 2006 - 32154) for two
permanent road crossings impacting 139 linear feet of stream, 12 temporary road crossings to aid
in utility installation, and 12 utility line crossings. This Nationwide Permit was re- authorized and
modified in November of 2008. The modification authorized a cumulative total of 150 linear feet
of permanent stream impacts; however, only 115 linear feet of permanent impacts were
completed. In February of 2009, the Nationwide Permit 12 was re- authorized for 165 linear feet
of temporary stream impacts and 0.008 acre of temporary wetland impacts.
Applicant's Stated Purpose
The project purpose is to develop an equestrian center resort with housing and recreational
opportunities.
Project Description
The applicant proposes to develop a resort, equestrian center, and residential community known
as the TIEC. The complex will be master planned on 1,276 acres containing an equestrian
facility, a spa and resort hotel, horse farms, single - family home sites, an Arnold Palmer- designed
golf course, and associated infrastructure.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment:
In preparing the master plan, Tryon Equestrian Partners, LLC considered a variety of constraints,
including impacts to streams and wetlands. The applicant has avoided and minimized impacts to
streams and wetlands to the greatest extent practicable and feasible while still accomplishing
their overall project purpose. It has been determined that most large properties in western North
Carolina contain similar streams, springs, and seeps as those found on the project site.
During design of the equestrian facilities, the applicant considered several site layouts, which
included impacts to significantly more streams than the original proposed plan. Prior to the
submittal of this application, the applicant conducted meetings with regulatory agency personal.
Plan changes and reduction of impacts were in response to consultant and agency comments.
Two additional equestrian center plans were considered. A first plan developed in June of 2013
included the same basic equestrian components; however, proposed impacts were 9,249 linear
feet of stream and 0.33 acres of wetlands. A second site plan was completed in July of 2013.
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This plan also included the same basic equestrian components; however, impacts were reduced.
Impacts associated with the second site plan included 4,022 linear feet of stream and 0.06 acres
of wetland. Additionally, there was a previous "farmette" plan that included 1,287 linear feet of
stream impact; this has been reduced to 446 linear feet of stream impact.
The proposed site plan for the equestrian facilities in this application includes 736 linear feet of
stream impact (including previous impacts) and no wetland impacts. Avoidance and
minimization at the equestrian facility, including the "farmettes," reduced impacts by 8,513
linear feet of stream and 0.33 acres of wetland.
Although additional impacts will be needed, roads and utilities will utilize existing infrastructure
that was previously constructed as a part of the White Oak Plantation project. Bridges will also
be used for road and cart path crossings in some locations.
The golf course will be completed with no new impacts to jurisdictional waters.
Because the site is covered in long linear stream segments, it would be impossible to avoid all
streams while continuing to maintain a rational project design and the flexibility needed to
construct a large -scale master planned community with a lengthy build out period.
A summary of the avoidance and minimization that has taken place on site is as follows:
Feature
On -Site Totals
Proposed Impacts
Percent Avoided and Minimized
Stream
66,132
1,463
97.7
Wetland
21.40
0.02
99.9
Open Water
4.04
0
100
While the project will impact streams and wetlands, the overall impact to stream resources on
site for the project is minimal (impacts to 3 -4% of streams on site) and is offset by adequate
mitigation.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Upon completion and implementation of practical avoidance and minimization efforts, a total of
1,463 linear feet of stream impacts and 0.02 acre of wetland impacts associated with the
development of the TIEC are unavoidable. Approximately 290 linear feet of stream impact was
mitigated for associated with the Nationwide Permit 39 issued for the equestrian facilities
(Action ID SAW- 2013 - 02262). The applicant is not proposing to mitigate for wetland impacts
(0.02 acres) or temporary utility crossing impacts (150 LF). The applicant is proposing to
mitigate for previous impacts associated with the Nationwide 39 (Action ID SAW- 2006 - 32154)
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issued for residential development (115 linear feet). Streams to be mitigated total 1,023 linear
feet (1,463 LF — 290LF for previous mitigation — 150 LF for temporary utility crossings =
1,023LF). Unavoidable stream impacts will be mitigated for at a compensatory mitigation ratio
of 2:1.
The applicant proposes to mitigate in phases. Phase 1 of mitigation will include previous impacts
(115 linear feet) and equestrian center impacts. Phase 2 of mitigation will include the remainder
of impacts (462 linear feet). The following is a summary of the basic mitigation requirement for
the proposed project:
Mitigation Required - Phase 1
Type of Impact
Previous Impact
Equestrian Center
Impacts
Total Impact
Total Mitigation
Required
Mitigation Required - Phase 2
Type of Impact
Remainder of Impacts
Total Impact
Total Mitigation
Required
Impact Compensatory Basic Mitigation
(LF) Mitigation Ratio Requirement (LF)
(x:1)
115 2 230
446 2 892
561
Imp Compensatory
Imp act Mitigation Ratio
(x:1)
462 2
462
Total Mitigation for Both Phases
Impact (LF) Compensatory
Type of Impact Mitigation Ratio (x: l)
Phase 1 561 2
Phase 2 462 2
Total 1,023
1,122
Basic Mitigation
Requirement (LF)
924
924
Basic Mitigation
Requirement (LF)
1122
924
2,046

The applicant is proposing to mitigate for Phase 1 (561 linear feet of stream) impacts at a 1:1
ratio through North Carolina Department of Mitigation Services (DMS). By letter dated June 24,
2015, DMS has indicated they are willing to accept payment for impacts associated with
development at the TIEC site. An acceptance letter from the DMS or other approved mitigation
bank will be provided to the Corps prior to impacts from Phase 2 (462 linear feet of stream).
The applicant is proposing to mitigate for Phase 1 and Phase 2 impacts at a 7.5:1 ratio through
preservation of 7,979 linear feet of on -site stream channels. The preservation reaches will be
treated for exotic and invasive species during years 1, 3, and 5; and photographs of preservation
reaches will be sent to the Corps for review.
Proposed preservation for Phase 1 and 2 impacts will be executed at the same time prior to or
concurrent with impacts associated with Phase 1. Model restrictive covenants will be sent to the
Corps for review and approval.
The following is a summary of the proposed mitigation:
Mitigation Table
Stream
Linear Feet
Type
Mitigation Activity
Total Credit
of Mitigation
Ratio (x:1)
UTs to White Oak
7 979
Preservation
7.5
1 063
Creek (Phase 1 and 2)
'
DMS (Phase 1)
561
Restoration
1
561
DMS (Phase 2)
462
Restoration
1
462
Total
9,002
2,086
Essential Fish Habitat
Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this Public
Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial
determination is that the proposed project would not effect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps' permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an
historic properties.
0

® No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps' permit area; therefore, there will be no historic properties
affected. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the Corps'
permit area; there will be no historic properties affected by the proposed work. The Corps
subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; however, the undertaking will have no adverse
effect on these historic properties. The Corps subsequently requests concurrence from the
SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an adverse
effect on these historic properties. The Corps subsequently initiates consultation with the
SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally
surveyed for the presence of cultural resources. No sites eligible for inclusion in the
National Register of Historic Places are known to be present in the vicinity of the
proposed work. Additional work may be necessary to identify and assess any historic or
prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon coordination
with the SHPO and /or THPO, as appropriate and required, and with full consideration given to
the proposed undertaking's potential direct and indirect effects on historic properties within the
Corps- indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
® The Corps determines that the proposed project may affect, not likely to adversely affect
federally listed endangered or threatened species or their formally designated critical
habitat.
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The following federally listed threatened species may occur at the project site.
Common Name Scientific Name
Northern Long -Eared Bat (NLEB) Myotis septentrionalis
Dwarf Flowered Heart-Leaf Hexastylis naniflora
Habitat assessments for the project site were conducted in 2007 and November of 2014.
Although habitat assessments were completed in 2007 and 2014, associated reports were
not completed.
The applicant proposes to avoid clearing trees during the moratorium for the NLEB (May
15- August 15). If additional tree cutting needs to occur during this time, the applicant will
consult with the U.S. Fish and Wildlife Service ( USFWS) prior to tree cutting activities.
Hexastylis spp. was observed adjacent to several UTs of White Oak Creek on the
southern portion of the property; however, a definitive identification of Hexastylis
naniflora could not be made. These plants are located in the residential portion of the
property and will not be impacted by construction.
The Corps initiates informal consultation with USFWS under Section 7 of the ESA and
will not make a permit decision until the consultation process is complete.
❑ The Corps is not aware of the presence of species listed as threatened or endangered or
their critical habitat formally designated pursuant to the Endangered Species Act of 1973
(ESA) within the project area. The Corps will make a final determination on the effects of
the proposed project upon additional review of the project and completion of any
necessary biological assessment and/or consultation with the U.S. Fish and Wildlife
Service and/or National Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources ( NCDWR): The Corps will generally not make a
final permit decision until the NCDWR issues, denies, or waives the state Certification as
required by Section 401 of the Clean Water Act (PL 92 -500). The receipt of the application and
this public notice, combined with the appropriate application fee, at the NCDWR Central Office
in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty days of
receipt of a complete application. Additional information regarding the 401 Certification may be
reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604 -2260. All persons desiring to make comments regarding
the application for a 401 Certification should do so, in writing, by August 7, 2015 to:
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NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699 -1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies with and
would be conducted in a manner that is consistent with the approved North Carolina
Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2) the Corps cannot
issue a Department of Army (DA) permit for the proposed work until the applicant
submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the
Corps that it concurs with the applicant's consistency certification. As the application
did not include the consistency certification, the Corps will request, upon receipt„
concurrence or objection from the NCDCM.
® Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity which would affect the
coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C.
§ 1453).
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.
12

Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidated 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.
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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the
proposed work, as outlined above, until 5pm, August 7, 2015. Comments should be submitted to
Mr. Steve Kichefski, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801 -5006, at (828) 271 -7980, ext 234.
13

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PROJECT DATA
TOTAL PROJECT AREA +/- 1,276 ac
JURISDICTIONAL WATERS OF THE US
Streams 66,132 if
Wetlands 21.40 ac
.. ",b'. Open Water 4.04 ac
JURISDICTIONAL IMPACTS
Streams
- Proposed Permanent Impacts 908 if
Proposed Temporary Impacts 150 if
Previously Permitted Impacts 405 If
GRAND TOTAL 1,463 if
Wetlands
Proposed Permanent Impacts 0.02 ac
Open Water 0 ac
AVOIDANCE /MINIMIZATION
Streams 6416691f r
Wetlands 21.38 ac
Open Water n/a
�.. MITIGATION
Streams -
_ Mitigation Credits Required 21046 if
Proposed Preservation 71979 if f
Proposed Preservation of Upland Buffer
(30 -ft wide) 10.3 ac�'
Previously Mitigated 290 if
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Impact Map
Figure 4
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