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Home My WebLink About20090087 Ver 1_Public Notice_20090226 o (~ - D C> ~ '7 ~ PUBLIC NOTICE US Army Corps Of Engineers Wilntipgton District Issue Date: February 26,2009 Comment Deadline: March 30, 2009 Corps Action ID #: 2009-00178 The Wilmington District, Corps of Engineers (Corps) has received an application from Mr. Roger Robinson seeking an after-the-fact Department of the Army authorization to impact 1,050 linear feet of stream channel associated with the development of a commercial site, on Roy Edwards Lane and adjacent to 1-26, in Mars Hill, Madison 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.army.mil/wetlands Applicant: Mr. Roger Robinson 75 Roy Edwards Lane Mars Hill, NC 28754 AGENT (if applicable): ClearWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 Authority The Corps will evaluate this application and 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 Mars Hill Commercial Site is located east of Mars Hill in Madison County, North Carolina. To access the site from Asheville, take Future 1-26 West (North) to Exit 11 (Mars Hill/Marshall Exit). Turn left onto NC Highway 213 (Carl Eller Road) and continue approximately 0.5 mile. Turn right onto SR 1553 (Roy Edwards Lane) and travel approximately 0.5 mile to the site on the right. The entrance to the site is just before the DOT maintenance station. In general, the site is bordered to the north by Baird Road, to the south by Carl Eller Road, to the east by Future 1- 26, and to the west by Roy Edwards Lane. Latitude and longitude for the site are 35.8252950N and -82.5364030W, respectively. Existing Site Conditions Please note that the proposed impact to stream channels on the site has already occurred and that approximately 1,050 linear feet of stream channel has been culverted. Prior to the impact and grading activities on the site, the Mars Hill Commercial Site was divided into a developed area, a forested area, and a pasture area. The developed area was located in the southern portion of the property. This area currently contains a manufactured home showplace and sales center. The forested area was located in the eastern portion of the property adjacent to Future 1-26. The pasture area was located in the northern portion of the property and was associated with a small house and outbuildings; a circular drive provided access to the house. There is an existing culvert associated with the circular drive. The stream on site is an unnamed tributary to Big Branch. The unnamed tributary is located in the Upper French Broad Hydrologic Unit Code (HOC 06010105). There are 1,100 linear feet of stream channel within the property boundary. In general, this tributary flows north to south and eventually into the French Broad River via Ivy Creek, Little Ivy Creek, and Big Branch. The French Broad River is a navigable-in-fact waterway. The stream channel on site is classified by the NC Division of Water Quality (DWQ) as a High Quality Water (HQw) and Water Supply Watershed II (WS-II). US Army Corps of Engineer Stream forms were completed at two un- impacted upstream locations. Stream form scores for that reach were 42 and 43 out of 100. Applicant's Stated Purpose The basic project purpose of the proposed development at the Mars Hill Commercial Site, as stated by the applicant, is to provide commercial retail oppoJ:tunities. More specifically, the overall project purpose of the proposed development at the Mars Hill Commercial Site, as stated by the applicant, is to develop a commercial site with one large commercial "box" store that is easily visible and accessible from a major thoroughfare in Madison County, North Carolina. Project Description Please note that the proposed impact to stream channels on the site has already occurred and that the applicant is requesting after-the-fact permit authorization. The proposed project calls for the development of a 152,800-square foot retail store, 764 parking spaces, and all associated infrastructure. The applicant proposes to permanently impact 1,050 linear feet of stream channel to achieve the previously stated project purpose through the development of a commercial site. There is one permanent stream impact associated with development at the Mars Hill Commercial Site. Permanent fill impacts associated with building and infrastructure development are identified in the table below. Impact Number Linear Feet ofImpact 1 1,050 Total 1.050 2 The applicant proposes to mitigate for impacts to approximately 1,050 linear feet of stream channel at a compensatory mitigation ratio of 1: 1. Tills ratio was chosen based on the stream quality immediately upstream of the impact area. The following mitigation plan is provided in support of this permit application and is summarized below. The applicant proposes to mitigate for impacts through enhancement of two streams located on the personal property of Mr. Roger Robinson (the applicant). Mr. Robinson's property is located north of Crooked Creek Road, approximately 4.5 miles from the Mars Hill Commercial Site. Two unnamed tributaries to Crooked Creek are proposed for mitigation. The longest stream segment proposed for enhancement is 1,432 linear feet; the shorter stream segment is 143 linear feet and is a tributary to the longer stream. Currently the stream segments proposed for mitigation are adjacent to a pasture; woody vegetatio~ is sparse and exotic/invasive species are present. There are large amounts of debris in the long stream segment, as well. During a site visit, the applicant's consultant observed log debris in the stream. There are also areas where the stream is subsurface or the channel is undefmed. Additionally, there are seven groundwater wells along these stream segments. These groundwater wells capture subsurface water at the heads of these tributaries and several adjoining springs and convey water to watering tanks. The wells and tanks were installed to collect and hold water for a cattle operation. It is the opinion of the applicant's consultant that the presence of these wells effects the hydrology of downstream reaches. Approximately 1,575 linear feet (in two segments) of stream channel will be enhanced according to the "Guidelines for Riparian Buffer Restoration" (October 2004). Included in the enhancement will be debris removal, exotic/invasive removal, fine grading and defining of undefined portions of the stream, decommissioning of wells, and plantings. Plantings have been divided into two types: "A" and "B". Areas that include Type A enhancement lack significant vegetation and will be planted with a target density of 320 trees per acre. Areas that include Type B enhancement contain woody vegetation and will include supplemental plantings in some areas. Monitoring will be conducted annually, during the growing season, for five years and subsequent reports will be sent to regulatory agencies for review and comment. Upon completion of initial planting, three vegetation plots will be established in the enhancement area. All planted stems will be counted in the plot to determine success. Success, within areas including enhancement Type A, will be defmed as survival and growth of at least 320 stems per acre through three years of monitoring, survival and growth of at least 288 stems per acre through year four, and survival and growth of at least 260 stems per acre through year five. If a plot is deemed unsuccessful, additional plantings will be installed to meet success criteria. Photographs will be taken to document each plot. 3 STREAMS - Basic Mitil!ation Reauirement Compensatory Basic Impact Site Type of Impact Linear Feet of Impact Mitigation Ratio Mitigation (x:!) Reauirement 1 Fill 1,050 1 1,050 Total Impacts 1,050 Total Mitie:ation Reauired 1.050 STREAMS - ProDosed Mitil!ation Mitigation Stream Linear Feet of Mitigation Type Activity Ratio Total Credit (x:!) UT Crooked 1,432 enhancement 1.5 955 Creek VT Crooked 143 enhancement 1.5 95 Creek Total 1,575 1,050 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 fmal 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 combined with appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute initial receipt of an application for a 401 Water Quality 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 March 30, 2009. Tennessee Valley Authority In addition, this project is located in a watershed subject to Tennessee Valley Authority (TV A) permit requirements pursuant to Section 26a of the TV A Act. This Public Notice and all application materials are being forwarded to Susan Fuhr, 3726 E Morris Blvd, Morristown, 1N 37813-1270. Questions or comments regarding Section 26a pennit requirements should be directed to the above address. 4 Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources 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 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 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. A fmal determination on the effects of the proposed project will be made 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. " 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 b()th 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. 5 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 (NEP A). 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, March 30, 2009. Comments should be submitted to Mr. David Baker, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina, 28801-5006. 6 .. MAPQVEST. ,~ !:. .2 a:arwC!~ ..St .! 'C' - '. './j,.. . - . "':) J 1- -- . .:-.. r~..~g --l.~1i' . ;-".. -..' 'C): . :It ~ '11. . .;,,~: ,I". ", S'c'j.;1iT' .S' !Jil: .IPl i.' I!:.S? "0.: ~~~.~ -tl~oryl~ .. . . I . ,~nd~OII ' . VI. ",,'_.$1:- Co , ' ,', .'.' .., m'l . ZI' t". . I ' i ( , '-<t~. '..:: " ~ ' " .,";.: ~ .. :::::::f!.~ $( .. -:~. ^ . .. ~_21 -::/ " .. .."......, "-"--"'-- .._::QI..... ~" -"M~rsHftl'"'.:.:::y'1J: . -- '.'~~ '\s-e ....\ QI' \~\ '<)... 1\)'-.- ... ~. - ~'lf '<::.:.::.... ."<:>,," ..,..:."..~,. "'.:,"".)' "\~"'\ ":':~~:"~ I . I \:"'i.' 10 1: ~.:' Q;:.~ it'!' \, ;).' "Q- .. ~," ' t. ':. J!: ,,:,' .~.. . , t;; c: .. l~ " VI ~ )'IQ PCitkur..u vr...... ' I .'g , . . -:'", . ""'I' .,..11.6 .' ... _.. _c.a'l-ll> .." ~, I~ ,.'fi ~. ",;Z .n , ... .'~ l,11 CLEARWATER Roger Robinson Madison County, North Carolina Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 I, 'I ."'1 "I 'i, ,~ I . ;14tlD m .. ',,~12DD..ft I ~.,":";>:~'-~-""'''''-'''':~'':>1 "c~"sm1"'--'" " . ~.._~ ~ !, i w\':i~~ . G) ~: :::I'. ~ 01 fii -,. ,(i' -' ~, , ~j'd' ...,. I I .~~ . '<J:l ~ . "i' ';2 ~~ ...: %" . ~ o "\ .... o eJ c:' ~ Q'J .~ ,,~ . '0 :'6. :.t1 hi o Map Dalil (,)2008 N ;/\vteQ or Tfi!eAUils Site Vicinity Map MapQuest Figure 1 , ~/,.. V' .::: -\j /'-'~ \ nrr,l9. I, .~, r l '" i \ {", , \ I' "" I.. ,.I \ ,,' '., i / '\ ' f ,-,' / ,../ /Ir " '. ) ..J ..... "" " /' ... / ; ,...:~:~-:;;./ . I.. ( , (. .' \" \... . ')) 1 * S'W CLEARWATER Roger Robinson Madison County, North Carolina Environmental ConsultWlts, Inc, 718 OaJdWld Street Hendersonville, NC 28791 828-698-9800 USGS Topographic Map Mars Hill Quad Figure 2 en ~ i" n= mz lilS! ~ :!!l~"~ S! I FILL51TEIN ROGER Ro~~otHILL .... 'lI'al)l",i\OH