20060385 Ver 2_Public Notice_20080605

Notification of a Public Notice from Wilmington District Regulatory...
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Subject: Notification of a Public Notice from Wilmington District Regulatory Division, US Army Corps Of Engineers
From: "Wallace, Nancy SAW" <[e-mail]>
Date: Thu, 5 Jun 2008 08:56:44 -0400
BCC:
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public
Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each
Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http://www.saw.usace.army.miI/wetlands/notices/current notices.html . As with anything you download from the internet, be
sure to check for viruses prior to opening. The current notice involves:
PUBLIC NOTICE
ISSUE DATE: June 5, 2008
COMMENT DEADLINE: July 7, 2008
CORPS ACTION ID#: SAW-2008-1512
PROJECT DESCRIPTION: The Wilmington District, US Army Corps of Engineers (Corps) has received an application from
Mr. Robert Johnson of Forge Cove, LLC, seeking Department of the Army (DA) authorization to impact 785 linear feet of
stream channel associated with the development of an 83 lot residential subdivision near Brevard, in Transylvania County, North
Carolina.
POC: Tom Walker, telephone [phone] extension 222
Expiration Date: 5:00 p.m., July 7, 2008
1 of 1 6/5/2008 9:16 AM
D6- o38S Vz
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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: June 5, 2008
Comment Deadline: July 7, 2008
Corps Action ID #: SAW-2008-1512
The Wilmington District, US Army Corps of Engineers (Corps) has received an application from
Mr. Robert Johnson of Forge Cove, LLC, seeking Department of the Army (DA) authorization to
impact 785 linear feet of stream channel associated with the development of an 83 lot residential
subdivision near Brevard, in Transylvania 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 www.saw.usace.armv.mil/wetlands
Applicant: Mr. Robert Johnson
Forge Cove, LLC
1548 The Greens Way, Suite 4
Jacksonville Beach, Florida 32250
AGENT (if applicable):
Authority
Clement Riddle
ClearWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28792
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.
Location
The Forge Cove subdivision is proposed for an approximately 427 acre tract located off Sutton
Creek Road, on the west side of NC Highway 280, northeast of Brevard, Transylvania County,
North Carolina. The site is approximately 1.5 miles south of the Henderson/Transylvania county
line and is bordered to the north by Sandy Gap, to the south by Sutton Creek Road, to the east by
Dog Creek, and to the west by Sutton Creek and Hunting Club Road. Lat. 35.322015N, Long.
82.675624W.
Existing Site Conditions
The site is forested, with the exception of the southern portion of the property, which contains a
home site, several outbuildings, and a pond; surrounded by maintained lawn. An access road
was built on site to provide entrance to the proposed dam (previous application) location. The
Mixed Mesic Forest community type dominants the landscape. This forest type occupies rich,
acidic, moist, well-drained sites and contains the most diverse plant communities in the
Southeast. The dominant tree species are American beech (Fagus grandifolia) and oaks,
specifically northern red oak (Quercus rubra) and white oak (Quercus alba). Other tree species
that are abundantly common in these forests include: ash (Fraxinus spp), hickory (Carya spp),
Fraser's magnolia (Magnolia fraseri), red maple (Acer rubrum), tulip poplar (Liriodendron
tulipifera), hemlock (Tsuga spp), and buckeye (Aesculus spp). All of these tree species were
observed within the Forge Cove project boundary. This forest type also has a very diverse shrub
and herbaceous layer. Species observed at this site include heart's-a-bustin' (Euonymus
americanus), mountain laurel (Kalmia latifolia), pepperbush (Clethra acuminata), ironwood
(Carpinus caroliniana), rhododendron (Rhododendron spp), spicebush (Lindera benzoin), wild
hydrangea (Hydrangea arborescens), black cohosh (Cimicifuga racemosa), bloodroot
(Sanguinaria canadensis), doll's eye (Actaea pachypoda), false Solomon's seal (Maianthemum
racemosa), galax (Galax spp), jewelweed (Impatiens capensis), mayapple (Podophyllum
peltatum), Christmas fern (Polystichum acrostichoides), liverleaf (Hepatica americana), and
alumroot (Heuchera americana).
The Forge Cove project site is located within the Mountain physiographic region of North
Carolina and more specifically the Broad Basin; and Southern Crystalline Ridges and Mountains
Ecoregions. Two soil associations are present on site; they are the Chester-Edneyville-
Hayesville association and the Chandler-Fannin-Watuaga association. The Chester-Edneyville-
Hayesville association is classified as well drained, rolling to steep soils that have a subsoil of
fine sandy loam to clay. This association is found on broad, smooth ridgetops and side slopes.
The Chandler-Fannin-Watuaga association is classified as somewhat excessively drained and
well drained, rolling to very steep, micaceous soils that have a subsoil of fine sandy loam to clay
loam. This soil association is found on narrow ridgetops and side slopes. Soil series present on
site include: Ashe, Brevard, Chandler, Chester, Edneyville, Fannin, Hayesville, Tusquitee, and
Watauga.
Tributaries on site include Long Branch, Osborne Branch, and unnamed tributaries to Osborne
Branch. There are approximately 4 miles of stream channel within the property boundary. All
of the streams within the Forge Cove project boundary are tributaries to Boylston Creek.
Boylston Creek is a tributary to the French Broad River, which is a navigable-in-fact water at the
Wilson Bridge east of Brevard. Osborne Branch makes up the largest hydrologic system on site
and is classified by the NC Division of Water Quality (DWQ) as a class "C" water. Long
Branch has a considerably smaller drainage area on site and is also classified as a class "C"
water.
There is one wetland located on site. This wetland has been identified as a wetland seep and is
adjacent to the head of a jurisdictional channel in the northeast corner of the property. This seep
is on a steep slope and its substrate is rocky.
2
There is one off line pond located within the property boundary; it is south of the existing house
and east of the driveway.
The table below summarizes the amounts of jurisdictional waters on site.
On-site Totals
Feature Amount Unit
Stream 21,630 linear feet
Wetlands 0.006 acres
Open Water 0.08 acres
Project History
A permit application for this site was submitted on March 7, 2006 by Wetland and Natural
Resource Consultants, Inc. (WNR). The US Army Corps of Engineers (Corps) assigned Action
ID 200630708; and the North Carolina Division of Water Quality (DWQ) assigned project
number 06-0385. This original project plan consisted of a residential community and a lake with
a surface area of approximately 27 acres. Impacts on site were associated with the dam and
impoundment and totaled approximately 7,055 linear feet. By letter dated August 30, 2006, the
DWQ denied the 401 Certification request and by letter dated September 6, 2006, the Corps
denied without prejudice the request for DA authorization.
Applicant's Stated Purpose
The basic project purpose of the proposed development at Forge Cove is to provide residential
housing and recreational opportunities. More specifically, the overall project purpose of the
proposed development at Forge Cove is to develop a viable, upscale, residential, community with
a central park and trail system amenity in Transylvania County, North Carolina.
Project Description
The applicant proposes to construct an 83 lot residential subdivision on an approximately 427
acre tract. Lot sizes will range from approximately 1.7 to 16.3 acres with an average lot size of
approximately 4.5 acres. Community amenities will include walking trails, a central park with
pavilion and 10 parking spaces, and an overlook tower.
The applicant proposes to permanently impact 785 linear feet of stream channel to achieve the
previously stated project purpose through the development of a residential community. There
are eleven permanent stream impacts associated with development at Forge Cove. Impacts have
been identified on the attached site plan.
The project will include the construction of eleven stream crossings associated with road
crossings and related infrastructure. Permanent fill impacts associated with road and
infrastructure development are identified in the table below.
Impact Number Linear Feet of
Impact
1 100
2 90
3 95
4 75
5 25
6 95
7 85
8 95
9 25
10 25
11 75
Total 785
The applicant's agent has provided the following information regarding steps the applicant has
taken to avoid and minimize impacts and proposed compensatory mitigation for unavoidable
impacts:
Avoidance: Forge Cove, LLC was willing to considered sites other than the proposed project
site for development of Forge Cove. A set of criteria was developed to aid in the search for a site
and ultimate selection of a site. It is important to note that an alternatives site analysis was done
prior to the purchase of the property when Forge Cove, LLC was proposing the construction of a
lake. The best-suited parcel was chosen with that development plan in mind. After denial of
permits associated with the previous development plan, Forge Cove, LLC still wants to develop
the property but a second site alternatives analysis was not completed because the property had
already been purchased. The project plans have significantly changed, eliminating the
construction of the lake and lodge; and significantly reducing density and impacts.
The proposed project would not be able to be completed without impacts to jurisdictional
streams. The costs of bridges, alone, would be prohibitive to development and in some cases not
feasible due to topography. Long stream segments bisect the property, making it necessary to
construct stream crossings to access all portions of the property.
4
Minimization: In preparing the plan and application, the project team, comprised of Forge
Cove, LLC, CEC, LandForm Studio, PA, and WNC Professional Engineers & Surveyors has
considered a variety of constraints including impacts to wetlands and waters of the US. Forge
Cove, LLC has avoided and minimized impacts to streams and wetlands.
During design of the proposed plan, the applicant considered many development alternatives,
some of which included impacts to substantially more streams than the proposed plan depicts.
The table below summarizes the impacts proposed in a previous application for a 233-lot
subdivision with a 27-acre lake submitted by WNR on March 7, 2007.
Water Feature Impact
Stream 7,055 linear feet
Wetland 0 acres
Open Water 0 acres
Because of permit denial and the continued desire to develop the property, alternative site plans
were developed. On June 26, 2007, an alternative site plan was developed which included 154
lots, 11 stream crossings, and 325 linear feet of impacts for a pond. Stream impacts associated
with this plan totaled approximately 855 linear feet. There was an on-site pre-application
meeting to discuss this plan on August 16, 2007. On September 20, 2007, a second alternative
site plan was developed which included 154 lots, 10 stream crossings, and 200 linear feet of
stream impacts for a pond. During the winter of 2007, a third alternative site plan was developed
which included 83 lots, 11 stream crossings, and no pond. Stream impacts associated with this
plan total approximately 785 linear feet.
In redesigning the site plan, the project team was able to significantly reduce stream impacts and
density on site. Stream impacts for this project, as proposed, will total 785 linear feet. As
compared to the previous application submitted March 7, 2007, 150 lots have been eliminated
and 6,270 linear feet of stream impact has been avoided. The table below summarizes
jurisdictional impacts for the project, as proposed, as well as, the difference in impacts between
the proposed project and the initial project previously submitted by WNR.
Water Feature Impact Difference
Stream 785 linear feet 6,270 linear feet
Wetland 0 acres 0 acres
Open Water 0 acres 0 acres
Compensatory Mitigation: Forge Cove, LLC proposes to partially mitigate for unavoidable
impacts at a ratio of 10:1 through preservation of remaining streams and wetlands on the site.
Approximately 9,410 linear feet of stream will be preserved, along with a 30-foot wide buffer on
each side of the stream. Upland buffers will total approximately 14.25 acres. All preserved
streams and buffer areas have been identified on the enclosed buffer map (Figure Set 4, Sheet 2)
and will be protected via restrictive covenants. Restrictive covenant language will be consistent
with model language provided by the US Army Corps of Engineers, Wilmington District. Any
changes to the model restrictive covenant language will be approved by the Corps. The sole
wetland on the property will also be preserved.
Forge Cove, LLC proposes to mitigate for the balance of unavoidable impacts (630 linear feet) at
a ratio of 1:1 through payment into the EEP in-lieu fee program. By letter dated May 2, 2008,
EEP has indicated they are willing to accept payment for impacts up to 650 linear feet associated
with development at Forge Cove.
The tables below summarize the basic mitigation requirements along with the proposed stream
mitigation.
Basic Mitigation Requirement

Impact Site
Type of Impact
Linear Feet of Impact Compensatory
Mitigation Ratio
(X: 1) Basic
Mitigation
Requirement
1 Culvert 100 2 200
2 Culvert 90 2 180
3 Culvert 95 2 190
4 Culvert 75 2 150
5 Culvert 25 2 50
6 Culvert 95 2 190
7 Culvert 85 2 170
8 Culvert 95 2 190
9 Culvert 25 2 50
10 Culvert 25 2 50
11 Culvert 75 2 150
Total Impacts 785
Total Mitigation Required 1,570
Proposed Mitigation
Mitigation
Stream Linear Feet of Mitigation Type Activity Ratio Total Credit
x:l
UTs
Osborne
Branch and 9,410 Preservation 10 941
Long
Branch
EEP 630 Restoration 1 630
Total 10,040 1,571
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
6
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), 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260; Attention: Ms Cyndi Karoly by July 7, 2008.
Cultural Resources
By letter dated June 7, 2006, the North Carolina Department of Cultural Resources State Historic
Preservation Office (SHPO) commented on the March 7, 2006 permit application. In this letter,
the SHPO states that "there are no known recorded archaeological sites within the project
boundary". The Corps has consulted the latest published version of the National Register of
Historic Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may
be located within the project area and/or could be affected by the proposed work.
Endangered Species
By letter dated April 26, 2006, the US Fish and Wildlife Service (FWS) commented on the
March 7, 2006 permit application. In this letter, the FWS states that they "agree that no listed
species or their habitats occur on site and that the proposed project will not affect endangered or
threatened species or their habitats". The project boundary for the site has not changed; the
project density has decreased, and the impacts are substantially less.
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, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
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
7
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.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate 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.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, July 7, 2008. Comments should be
submitted to Mr. Tom Walker, US Army Corps of Engineers, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006, telephone [phone].
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CLEARWATER
Forge Cove Environmental Consultants, Inc. USGS Topographic Map
Transylvania County 718 Oakland Street Pisgah Forest Quad
North Carolina Hendersonville, NC 28791 Figure 2
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