20020508 Ver 5_USACE More Info Requested_20240313

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
March 13, 2024
Regulatory Division
Mr. Gerard "Chip" Schuppert, Jr.
Balsam Mountain Preserve
81 Preserve Drive
Sylva, North Carolina 28779
SUBJECT: Response to Comment Period and Request for Additional
Information: Balsam Mountain Preserve Irrigation Pond and Pickleball Courts
Project; File No: SAW-2007-02076
Dear Mr. Schuppert, Jr.:
This letter is in reference to our review of the application for the Balsam Mountain
Preserve Irrigation Pond and Pickleball Courts Project located in Jackson County, North
Carolina, and the subsequent documentation. We offer the following
comments/questions/request for additional information for your review and response.
Please provide your responses no later than close of business on April 13, 2024.
General Topics
The submittal states you are requesting a reissuance of the permit issued in
2011. This permit expired nearly 8 years ago, and site conditions have changed
(including ownership and environmental resources). Therefore, this permit
request is a new permit and will be evaluated as such.
2. Please provide the updated delineation of the ponds, proposed access road
locations, and the areas where the fill will be obtained from and/or stockpiled.
3. It would be helpful for the agency review to have all the specifics with regard to
mitigation that was purchased for each location, the as-builts, and any other
pertinent historical documentation of this project area in this submittal.
4. Please provide any information regarding surveys and/or recommendations
under the Endangered Species Act.
5. Please provide any information regarding surveys and/or recommendations with
regard to historic and/or cultural resources that may be protected under the
National Historic Preservation Act.

-2-
Hole #13 Pond
6. What was the original capacity design for the Hole #13 Pond? It appears that the
capacity would increase by approximately two times the original design? This
increase in capacity does not include the pond proposed for decommissioning for
the pickleball courts, does it? Also, since the capacity has been increased,
would that reduce the flow from the outfall?
7. If the diversion drainage feature for the Hole #13 Pond is slated for impact,
please provide the delineation of this feature, impact amount, and why no
proposed compensatory mitigation was proposed.
Pickleball Pond
8. If the pond proposed for decommissioning for the pickleball courts was no longer
needed for fire suppression, why did Balsam Mountain Preserve continue
diverting flow to this feature?
9. How will the new concrete cistern/settlement box discharge into the stream? Will
there be impacts to the stream below the ordinary high water mark? If so, please
provide the plan and documentation regarding impacts.
10. Please provide a formal planset for the installation of the pickleball court
including grading, pond decommissioning, etc.
In addition to our comments above, we received the attached comments that also
need to be addressed in your response. If you have any questions regarding this
correspondence, please do not hesitate to contact me by phone at: 828-271-7980, ext.
4232, or by email at: brooke.a.davis(a)-usace.army.mil.
Sincerely,
Brooke Davis
Regulatory Project Manager
Asheville Regulatory Field Office Wilmington District

® North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
March 12, 2024
Ms. Brooke Davis
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Balsam Mountain Preserve Irrigation Pond and Pickleball Courts Project
SAW-2007-02076
UT South Fork Sugarloaf Creek, Jackson County
Dear Ms. Davis:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to fill 0.12 acre of open water off Sugarloaf Creek and to redesign an existing in -line
pond on an unnamed tributary (UT) to South Fork Sugarloaf Creek in Jackson County. NCWRC staff
last visited the site on March 8, 2024. Our comments on this application are offered for your
consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
There are Brook Trout in South Fork Sugarloaf Creek. We are concerned about the maintenance of
this population of sensitive species. In order to protect this sensitive species, a trout moratorium from
October 15 to April 15 is typically required for in -stream activities or activities that are adjacent to
streams that have a substantial risk of sediment loss to those streams. The applicant has requested a
waiver of the trout moratorium. Given the amount of earthwork involved in rebuilding the pond and
dam and their proximity to the stream, we are reluctant to grant a waiver for this proj ect.
The applicant proposes to fill an existing off-line pond near Sugarloaf Creek to build pickleball
courts and to enlarge an existing irrigation pond at Hole 913. The irrigation pond at Hole 913 is fed
by two sources - an UT to South Fork Sugarloaf Creek and South Fork Sugarloaf Creek itself. This
pond was unpermitted when initially built and failed soon after construction. The UT South Fork
Creek is diverted into the pond but portions of the flow are sometimes allowed to bypass the pond
through a bypass channel. An intake pipe is set up across the golf course on South Fork Sugarloaf
Creek; this pipe pulls water from the stream and diverts it to the pond.
The pond would be enlarged to 1 acre at normal pool elevation and deepened to 7 ft. The bottom
would be dug down 2 ft, and the dam would be rebuilt accommodate a normal pool elevation of
3,680 ft above sea level. The pond would be outfitted with a riser pipe with coolwater release in the
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Balsam Mtn Preserve Pond & Pickleball Page 2 March 12, 2024
UT S Fork Sugarloaf Cr, Jackson Co
form of a small (7/8-inch) hole in the elbow to pull a constant flow of 80% of the estimated 7Q10
(calculated as 0.04 cfs) of the UT. The dam would be reconstructed, an emergency spillway
constructed, and unstable slopes of the pond addressed.
We offer the following recommendations to minimize impacts to fish and wildlife resources:
• We appreciate the efforts to incorporate a coldwater release and minimum flows from the
irrigation pond. However, the proposed minimum flows of 80% of 7Q10 is inadequate. To
protect sensitive aquatic species such as Brook Trout, NCWRC typically recommends a
minimum flow of 70% of incoming flows.
• The diversion channel is currently vegetated, although there are eroding rills in the channel,
especially near the downstream end. We are concerned about continued erosion and
downcutting of the channel if the entire stream flow is diverted into this channel. We
recommend evaluating the stability of the channel and ensuring that stream flow diversion
does not result in channel additional instability and erosion. Additional riprap or piping of the
flow could prevent this.
• The pond construction sequence includes diverting stream flows through the pond riser (Step
97). How will this be accomplished?
• Will the amount of water pulled from the irrigation pond change with the increase in volume?
If so, how will the withdrawals from both the UT and the mainstem South Fork Sugarloaf
Creek change?
• The current withdrawals from South Fork Sugarloaf Creek should be characterized. How
much flow is withdrawn? What proportion of the stream is withdrawn?
• Any erosion control matting used should be free of plastic or nylon mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
• Work involved in rehabilitating the irrigation pond should be performed outside of the
moratorium of October 15 to April 15 to minimize impacts to wild Brook Trout reproduction.
• We recommend that the applicant build the pickleball courts in a way that allows at least 30
ft of buffer between them and the stream. We recommend widening the existing thin buffer to
30 ft in width with native shrubs and trees.
Thank you for the opportunity to review and comment on this project. Please contact me at (828)
400-4223 if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Eric Romaniszyn, C1earWater Environmental
Sue Homewood & Joey Winston, NC Division of Water Resources
David Cox, Vann Stancil, and Powell Wheeler, NCWRC

Davis, Brooke A CIV USARMY CESAW (USA)
From: Leslie, Andrea J <[e-mail]>
Sent: Monday, March 4, 2024 4:14 PM
To: Eric Romaniszyn
Cc: Davis, Brooke A CIV USARMY CESAW (USA); Winston, Joey; Homewood, Sue; Stancil, Vann F
Subject: [Non-DoD Source] Balsam Mountain Preserve project - questions
Hi Eric,
I have been reviewing the Balsam Mtn Preserve Irrigation Pond and Pickleball Courts
project, and I've got some questions:
1. As I wasn't at the meeting in 2023, it would be very useful to see the site this week if at
all possible. Please let me know if you could swing that.
2. Irrigation pond
a. This pond is to be expanded from its current dimensions. Please describe how/if
the pond dimensions (area, depth) differ from the originally permitted pond.
b. How will flows from the southern tributary be diverted during construction?
c. Minimum flows.
i. We appreciate that minimum flows are taken into consideration. However,
80% of 7Q 10 flows is very small. South Fork Sugarloaf Creek does support
Brook Trout. Our starting place for a Brook Trout stream is 70-80% of
incoming flows. We understand that this stream is a very small headwater
stream,
ii. Did the engineer request flow information from USGS? Typically, USGS can
provide information that is better fitted to the geographic location than the
generalized regression equations used. Please provide the USGS-generated
numbers for flow statistics.
iii. Please note that minimum flows will need to be maintained during pond fill.
3. Pickleball pond - please provide details on how the pond will be drained.
Thank you,
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-803-6054 (office)
828-400-4223 (cell)
www.ncwildlife.or,2
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Davis, Brooke A CIV USARMY CESAW (USA)
From: Bowers, Todd <[e-mail]>
Sent: Tuesday, February 27, 2024 2:40 PM
To: Davis, Brooke A CIV USARMY CESAW (USA)
Subject: [Non-DoD Source] U.S. Army Corps of Engineers Public Notice for SAW-2007-02076
Brooke,
The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject USACE
Individual Public Notice under DA Action ID SAW-2007-02076 dated February 12, 2024. It is our
understanding that the applicant, Balsam Mountain Preserve. is seeking Department of the Army
authorization to discharge fill material into open waters and an unnamed tributary to the South Fork of
Sugarloaf Creek associated with the installation of pickleball courts and dam rehabilitation/repair, respectively.
The proposed project is located within the Balsam Mountain Preserve near the Town of Sylva in Jackson
County, North Carolina.
Specifically per the project narrative, purpose and description, the Applicant's preferred alternative consists of
a location currently occupied with apreviously authorizedpond. The 0.12-acre pond, originally constructed in
2007 for use for fire suppression. The limits of disturbance (LOD) for the pickleball courts would be
approximately 0.3 acres and include three pickleball courts, retaining walls, and infrastructure for a pedestrian
pathway. Therefore, the Applicant is proposing to fill the entire 0.12-acre open water feature. Fill for the pond
would come from home construction sites on the Preserve property.
The secondproposed activity consists of dam structural repair associated with apreviously authorized
irrigation pond, adjacent to the Hole #13, within the golf course. The installation of the online pond and
associated dam within the unnamed tributary to the South Fork of Sugarloaf Creek was previously authorized in
2003. The original footprint impacted approximately 153 linear feet of
stream. It was used for irrigation for approximately one year before June 7, 2007, when the pond's dam failed
and caused degradation to downstream areas. The Corps issued apermit, including compensatory mitigation
for the stream loss, for the rehabilitation of this dam in 2009, which was renewed in 2011, but has since
expired. The rehabilitation of the dam was never completed after the 2009 and 2011 permits due to funding
constraints.
Compensatory mitigation is not proposed for this project since both activities would occur within previously
authorized areas for which the impacts already been mitigated.
At this time, the EPA has no comments or concerns with the project as presented.
Thank you for the opportunity to provide oversight and review on DA Action ID SAW-2007-02076 to
discharge fill material into open waters and an unnamed tributary within the Balsam Mountain Preserve near the
Town of Sylva in Jackson County, North Carolina.
Best Regards,
Todd Bowers
Todd Allen Bowers

US EPA Region 4 Wetlands and Stream Regulatory Section
Water Division Quality Assurance Coordinator
61 Forsyth St. SW
Atlanta, GA 30303
919.523.2637 cell/telework
404.562.9225 office
Bowers.toddkeTgov
Do unto those downstream as you would have those upstream do unto you."
Wendell Berry
From: CESAW-PublicNoticeList <[e-mail]>
Sent: Thursday, February 15, 2024 11:01 AM
Subject: U.S. Army Corps of Engineers Public Notice
Caution: This email originated from outside EPA, please exercise additional caution when deciding whether to open
attachments or click on provided links.
** Due to current technical difficulties with the Corps Website the Public Notice is attached. Once the
technical issues are resolved the Public Notice and all plans will be on the Corps website at:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
The Wilmington District, Corps of Engineers (Corps) has received an application from Balsam Mountain
Preserve seeking Department of the Army authorization to discharge fill material into open waters and an
unnamed tributary to the South Fork of Sugarloaf Creek associated with the installation of pickleball courts
and dam rehabilitation/repair, respectively. The proposed project is located within the Balsam Mountain
Preserve in Sylva, Jackson County, North Carolina.
The Corps Action ID for this project is SAW-2007-02076.
In order to meet Section 404 of the Clean Water Act requirements and comply with the National
Environmental Policy Act of 1969, as well as to give careful consideration to our required public interest
review and 404(b)(1) compliance determination, the Corps is soliciting public comment on the merits of this
proposal.
Comments will be received by the Corps until 5pm, March 12, 2024, and should be submitted to Brooke Davis,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville , North Carolina 28801. Ms. Davis
can also be contacted by phone at [phone] ext. 4232, or by email to [e-mail].
Please contact Ms. Davis if you would like a paper copy of the public notice and/or plans.

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