HomeMy WebLinkAbout20180582 Ver 1_PUBLIC NOTICE - SAW201600032PN_201805091
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: May 9, 2018
Comment Deadline: June 8, 2018
Corps Action ID Number: SAW -2016-00032
The Wilmington District, Corps of Engineers (Corps or USAGE) received an application from
Ms. Roseanne Giordani of Cashers Canoe Club Development, LLC, (Cashiers Canoe Club)
seeking Department of the Army authorization for 30 linear feet (If) of temporary stream impacts
(utility crossing); 100 linear if of permanent stream impacts (stream crossings for roads); 6.96
acres (ac) of permanent wetland impacts (fill and dredging); and 18.78 acres permanent open
water impacts (fill and dredging), associated with the Cashiers Lake Dredge and Development
Project in Cashiers, Jackson County, North Carolina.
Specific plans and location information are described below and shown on the attached maps,
figures, and plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at http://www.saw.usace.army.mil/Missions/Re ulatoaPermitProu�ram.aspx
Applicant: Ms. Roseanne Giordani
Cashiers Canoe Club Development, LLC
P.O. Box 300849
Austin, Texas 78703
AGENT (if applicable):
Authority
Mr. Clement Riddle
Clearwater Environmental Consultants, Inc.
32 Clayton Street
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:
M Section 404 of the Clean Water Act (33 U.S.C. 1344)
F-1 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
F-1 Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
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Directions to Site: From the intersection of NC Highway 107 and U.S. Highway 64 in Cashiers,
go south on NC Highway 107. After 0.2 mile, turn right onto Frank Allen Road. Cashier Lake is
immediately south of Frank Allen Road.
Project Area (acres): 89
Nearest Town: Cashiers
Nearest Waterway: Unnamed Tributaries (UTs) Chattooga River and
Cashiers Lake
River Basin: Tugaloo (03060102)
Latitude and Longitude: 35.1072 N, 83.1008 W
Existing Site Conditions
Cashiers Canoe Club owns approximately 89 acres, including Cashiers Lake located in the north
central portion of the property. Cashiers Lake has been in existence since approximately 1920,
when a group of developers built the lake with the intention of selling lots surrounding it for
homes. The development of homes was unsuccessful at the time, but the lake remained.
The Cashiers Lake Development project boundary contains Cashiers Lake, several existing
developed residential and commercial properties and undeveloped properties. The project
includes development associated with a resort hotel and residential community; the lake/wetland
areas proposed for dredging; and the dredge spoil disposal area. The project site is surrounded by
commercial development, developed rural residential, public open space, and forested
undeveloped lands.
The project area is situated in the Blue Ridge physiographic province and in the Southern
Crystalline Ridges and Mountains Ecoregion of North Carolina. Blue Ridge province is a
mountainous zone that extends northeast -southwest from southern Pennsylvania to central
Alabama. The physiography of the Jackson County consists of high, intermediate, and low
mountains; floodplains; and low stream terraces. The site is relatively flat with an average
elevation of approximately 3,520 feet above mean sea level (msl).
Waters at the project site are part of the Savanah River system and are within the Tugaloo River
watershed (HUC 03060102). UTs of the Chattooga River and Cashiers Lake (an impoundment of
a UT Chattooga River) are located at the project site. Streams at the site generally drain to the
south.
Tributaries of the Chattooga River merge approximately 1.3 miles downstream of the site to
form the Chattooga River. The Chattooga River and its tributaries contain some of the most
pristine and high-quality waters in the North Carolina, South Carolina, and Georgia. As
designated by the North Carolina Department of Environmental Quality (NCDEQ) —Division of
Water Resources (DWR), streams at the site are classified as outstanding resource waters,
primary recreation class B. and trout waters.
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There are wetlands located within the Cashiers Lake Development project boundary. The
majority of wetlands are associated with one large, contiguous scrub -shrub wetland located at the
head of Cashiers Lake. Other wetlands identified on site are small and abutting associated stream
channels. The proposed project boundary contains the following amounts of jurisdictional waters
of the U.S. (WoUS):
Summary of Jurisdictional Waters
Aquatic Resource
Amount
Stream
5,332 if
Wetland
12.31 ac
Open Water
18.99 ac
One soil association is present on the project site, the Whiteside-Tuckasegee-Nikwasi
association, which is classified as nearly level to strongly sloping, well drained to very poorly
drained soils that are very deep to moderately deep. This association is found in coves and on
floodplains along small streams. Soil series present on-site include the Edneyville-Chestnut
complex, Nikwasi, Sylva-Whiteside complex, and White side-Tuckasegee complex.
During site visits in 2016 and 2017, Clearwater Environmental Consultants, Inc., (CEC)
identified several habitat types at the Cashiers Lake Development project site. The following is a
summary of each of the habitat types identified on-site.
Greater than 50% of the site is comprised of mixed pine/hardwood forest habitat. Hardwood
trees dominate this habitat type except in one small area in the eastern portion of the site
(southeast of the lake) where white pine is dominant. This habitat type has a dense understory
and sparse herbaceous layer. Dominant canopy species include red maple (Acer rubruin), sweet
birch (Betula lenta), mockernut hickory (Carya tomentosa), tulip poplar (Liriodendron
tulipifera), Fraser magnolia (Hagnoliaftaseri), sourwood (Oxydendrum arboreuin), white pine
(Pinus strobus), Chestnut oak (Quercus prinus), blackjack oak (Quercus marilandica), and
hemlock (Tsuga canadensis). Dominant saplings/shrub species include pignut hickory (Carya
glabra), chestnut (Castanea dentata), witch hazel (Hamamelis virginiana), American holly (Ilex
opaca), buffalo nut (Pyrularia pubes), rhododendron (Rhododendron maximum), sassafras
(Sassafras albiduin), and blueberry (Vaccinium sp.). Dominant herbaceous species include fly
poison (Amianthium muscitoxicum), spotted wintergreen (Chimaphila maculata), strawberry
(Fragaria sp.), rattlesnake plantain (Goodyerapubescens), little brown jug (Hexastylis arifolia),
Indian cucumber root (Medeola virginiana), partridge berry (Alfitchella repens), Virginia creeper
(Parthenocissus quinquefolia), Solomon Seal (Polygonatum bifloruin), Christmas fern
(Polystichum acrostichoides), New York fern (Thelypteris noveboracensis), poison ivy
(Toxicodendron radicans), nodding trillium (Trillium cernuum), and Halberdleaf violet (Viola
hastata).
Ruderal corridors habitat consists of road edges. It is considered a distrurbed and/or transitional
community type. These areas are dominated by early successional saplings, shrubs, and
herbaceous plants. Dominant canopy species include red maple, tulip poplar, Fraser magnolia,
white pine, and black locust (Robinia pseudoacacia). Dominant saplings/shrubs include devil's
walking stick (Aralia spinosa), sweet birch, dogwood (Cornus florida), witch hazel, mountain
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laurel (Kalmia latifolia), rhododendron, multiflora rose (Rosa multiflora), blackberry (Rubus
sp.), sassafras, and blueberry. Dominant herbaceous species include broomsedge (Andropogon
virginicus), solitary pussy toes (Antennariaplantaginifolia), southern lady fern (Athyriumfilix-
femina),
false nettle (Boehmeria cylindrica), virgin's bower (Clematis virginiana), hay scented
fern (Dennstaedtia punctilobula), deer tongue (Dichanthelium clandestinum), trailing arbutus
(Epigaea repees), strawberry, galax (Galax urceolata), ground ivy (Glechoma hederacea),
hawkweed (Hieracium sp.), jewelweed (Impatiens capensis), dwarf dandelion (Krigia sp.),
whorled loosestrife (Lysimachia quadrifolia), false Solomon Seal, Indian cucumber root,
Japanese stiltgrass (Alficrostegium vimineum), partridge berry, Virginia creeper, Soloman Seal
(Polygonathum biflorum), Christmas fern, greenbriar (Smilax sp.), goldenrod (Solidago sp.),
dandelion (Taraxacum sp.), poison ivy, nodding trillium, sweet white violet (Viola blanda), and
Halberdleaf violet.
Maintained lawn habitat includes predominantly herbaceous vegetation and land that is mowed
at regular intervals. Tree and shrub species present are individuals and are dominated by red
maple, dogwood, tulip poplar, red oak (Quercus rubra), mountain laurel, and sassafras.
Dominant herbaceous species include yarrow (Achillea millefolium), ragweed (Ambrosia
artemisiifolia), virgin's bower, field bindweed (Convolvulus arvensis), orchard grass (Dactylic
sp.), fescue (Festuca sp.), strawberry, ground ivy, English ivy (Hedera helix), bluets (Houstonia
sp.), yellow flag (Iris pseudacorus), oxeye daisy (Leucanthemum vulgar^e), sorrel (Oxalis sp.),
Virginia creeper, pokeweed (Phytolacca americana), lanceleaf plantain (Plantago lanceolata),
broadleaf plantain (Plantago major), cinquefoil (Potentilla sp.), buttercup (Ranunculus sp.),
yellow dock (Rumes crispus), sage (Salvia sp.), dandelion, red clover (Trifolium pretense), white
clover (Trifolium repens), vetch (Vida sp.), sweet white violet, and violet (Viola sp.).
Wetland and lake fringe habitat at the project site is one large shrub/scrub wetland approximately
11.1 acres in size located at the north end of Cashiers Lake. Dominant saplings/shrubs include
tag alder (Amus serrulata), red maple, elderberry (Sambucus canadensis), and chokeberry
(Aroma arbutifolia). Dominant herbaceous species include swamp rose (Rosa palustris),
jewelweed (Impatiens capensis), sedges (Carex sp.), cattails (Typha latifolia), and smooth rush
(Juncus effusus). Smaller pocket wetlands were also observed next to UTs of the Chattooga
River.
Freshwater stream habitat include the streambeds and banks of UTs to the Chattooga River. These
streams are narrow and vary from 3 to 6 feet wide. Permanently rooted aquatic plants are practically
non-existent in on-site streams. The stream bed substrate is predominantly sand. The mixed
pine/hardwood forest type is predominant adjacent to stream channels. Stream banks are dominated
by dense rhododendron. Also, Cashiers Lake has approximately 18.99 acres of open freshwater
habitat.
Terrestrial communities at the project site are comprised of forested lands with some open
habitats that may support a diverse number of wildlife species. Representative mammal, bird,
reptile, and amphibian species commonly occurring in the habitats noted above is listed in the
flowing paragraph. Information on these species that typically use the habitats at the project site
was obtained from relevant literature, mainly the Biodiversity of the Southeastern United States,
Upland Terrestrial Communities (Martin et al. 1993).
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Mammal species that commonly occur in these habitats include eastern cottontail (Sylvilagus
floridanus); gray squirrel (Sciurus carolinensis); eastern chipmunk (Tamis striatus), southern
flying squirrel (Glaucomys volans), various vole, rat, and mice species; raccoon (Procyon lotor);
Virginia opossum (Didelphis virginiana); white-tailed deer (Odocoileus virginiana), and black
bear (Ursus americanus). Bird species that commonly use these habitats include indigo bunting
(Passerina cyanea), prairie warbler (Dendroica discolor), northern cardinal (Cardinalis
cardinalis), field sparrow (Spizella pusilla), rufous -sided towhee (Pipilo erythrophthalmus), red -
eyed vireo (Vireo olivaceous), scarlet tanager (Piranga olivacea), blue jay (Cyanocitta cristata),
and Carolina chickadee (Poecile carolinensis). Predatory birds may include several hawk and
owl species and turkey vulture (Cathartes aura). Reptile and amphibian species that may use the
terrestrial community include copperhead (Agkistrodon contortrix), eastern corn snake
(Pantherophis guttatus), eastern box turtle (Terrapene Carolina Carolina), eastern fence lizard
(Sceloporus undulatus), five -lined skink (Plestiodonfasciatus), spring peeper (Pseudacris
crucifer), timber rattlesnake (Crotalus horridus), and American bull frog (Rana catesbeiana).
The dominant species of salamander in these habitats are dusky salamanders (Desmognathus
spp.).
CEC conducted a file review of records maintained by the US Fish and Wildlife Service (FWS)
and the North Carolina Natural Heritage Program (NHP). The desktop literature review involved
a review of the FWS list of protected species in Jackson County and the NHP Element
Occurrence Data on which NHP identifies current and historic occurrences of listed species for a
specific locale. The FWS lists 8 species as occurring in Jackson County that are subject to
Endangered Species Act (ESA) Section 7 consultation (see table below). The NHP database
identifies 102 element occurrences (EO) within a 2 -mile radius of the project site; 3 EOs
comprised of 2 species which hold Federal status and are subject to Section 7 consultation. An
additional NHP database scan was conducted on January 31, 2018. No EOs holding a Federal
status were identified within a I -mile radius of the project.
Common Name
Scientific Name
Federal Status
Carolina Northern Flying Squirrel
Glaucomys sabrinus coloratus
E
Indiana Bat
Myotis sodalis
E
Northern Long -Eared Bat (NLEB)
Myotis septentrionalis
T
Appalachian elktoe
Alasmidonta raveneliana
E
Spruce -Fir Moss Spider
Microhexura montivaga
E
Small Whorled Pogonia
Isotria medeoloides
T
Swamp Pink**
Helonias bullata
T
Rock Gnome Lichen* *
Gynoderma lineare
E
**Species with a Federal status subject to Section 7 Consultation and within 2 miles of the project sites.
E - Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T - Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
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CEC reviewed the National Park Service National Register of Historic Places (NRNP) GIS
Public Dataset and the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS
Web Service. This review indicted four historic properties within 3 miles of Cashiers Lake, High
Hampton Historic District (JK0006) located approximately 1 mile from the proposed project site,
Church of the Good Shepard (JK0008) located approximately 1 mile from the proposed project
site, the Mordecai Zachary House (JK0024) located approximately 1.5 miles from the project site,
and the Thorpe Dam Complex (JK03 82) located approximately 2.5 miles from the project site.
Applicant's Stated Purpose
The project purpose is to remove accumulated sediment and debris from Cashiers Lake and
construct roads for a resort hotel and residential community. More specifically, the overall
project purpose is to conduct maintenance dredging of Cashiers Lake to restore historic open
water conditions.
Project Description
The applicant proposes to maintenance dredge Cashiers Lake to restore the historic open water
conditions and the project also includes the development of a resort hotel and residential
community. The applicant is requesting a 25 -year permit that will allow for future maintenance
dredging.
The applicant proposes to dredge a total of 6.54 acres of wetlands associated with the proposed
project. Using aerial photographs, CEC was able to determine the extent of wetlands in 1951,
1998, and 2015. The wetland impacts associated with proposed dredging have been divided into
two categories, sediment accumulated from 1998 to 2015 and sediment accumulated prior to 1998.
Approximately 1.7 acres of sediment and wetland has accreted in Cashiers Lake from 1998 to
2015. The Corps has determined that excavation of this 1.7 acres would constitute a jurisdictional
impact, however the impacts would not require mitigation. The applicant proposes to dredge 1.33
acres of this area to an average depth of 3 feet. The total volume of material removed from this
area is estimated to be 10,000 cubic yards.
Significant sediment has accumulated and areas naturalized into wetlands at Cashiers Lake prior to
1998. The Corps has determined that excavation of this area would constitute a jurisdictional
impact and these impacts would require mitigation. The applicant proposes to dredge
approximately 5.21 acres of these wetlands to an average depth of 3 feet. The total volume of
material removed from this area is estimated to be 26,000 cubic yards.
The applicant proposes to dredge a total of 17.37 acres of the lake bottom which will deepen the
lake bed on average approximately 3 feet. The total volume of material removed from this area is
estimated to be 77,000 cubic yards. The lake water level would be drawn down using a pump or
siphon. An area adjacent to the existing lake outlet would retain approximately 3 feet of water and
be maintained as a temporary sediment basin. The basin would include baffles as necessary to
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maintain a 3:1 length to width ratio. The stream channel would be diverted through the lake bed as
necessary to accommodate dredging and maintain an exit through the sediment basin. Access to the
dredging area would be provided by a constructed gravel drive from Cashiers Lake Road. Once in
the lake, timber mats or rip -rap causeways would be utilized to access dredging areas, as needed.
The proposed dredge spoils disposal area is located on-site between Zeb Alley Road and Cashiers
Lake Road. Dredge spoil material would be transported by dump truck to the site. There will be no
stream or wetland impacts associated with the dredged spoil location.
The applicant proposes to construct three bulkheads. Approximately 0. 18 acre of wetland and 1.41
acres of open water would be impacted by using suitable dredged material within the lake bed to
create upland areas. Two docks would be constructed in a manner that would not cause impact to
the open water (driven or jetted piles). The final dock design and location would be finalized at a
later date.
The applicant proposes the development of a mixed-use community with approximately 55
residential lots and a hotel. The final design for the hotel is not complete, however, the facility is
expected to have 90-100 rooms. Additional amenities associated with the hotel include bike paths,
a boardwalk, pedestrian paths, fitness center, swimming pool, spa, chapel, and a sales and rental
center.
The applicant is proposing one temporary impact associated with a sewer line. The utility corridor
is 30 feet wide. The utility line will be installed in the dry. There is an existing sewer line on-site
already that is connected to the existing waste water treatment plant, which is located adjacent to
the Cashiers Canoe Club property.
The proposed project would provide secondary benefits to any future residential or commercial
development at Cashiers Lake. Future additional development plans have not been finalized,
however impacts associated with residential and commercial development are limited to 100 linear
feet of stream and 0.01 acre of wetland strictly for the purposes of access via road crossings. The
culvert stream crossings will be installed in the dry. The applicant understands that any
construction in streams or wetlands would constitute a jurisdictional impact that is subject to
permitting by the Corps and the DWR. Based on NCDEQ, high quality water (HQW) rules, a
storm water management plan would be required for additional development on the Cashiers
Canoe Club property regardless of whether or not stream and wetland impacts occur.
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Summary of Proposed Impacts to Jurisdictional Waters
Impact
Aquatic Resource
Type of Impact
Amount
Stream Impacts
Sewer Line
UT Chattoo a River
g
Temporary
30 if
18.99 ac
18.78
(trench)
Wetland
Road Stream
UT Chattoog a River
Permanent
100 if
Crossings
(culverts)
TOTAL
130 if
Wetland Impacts
Fill
Cashiers Lake
Permanent
0.42 ac
(bulkhead)
Dredge
g
Cashiers Lake
Permanent
6.54 ac
(conversion to open waters)
TOTAL
6.96 ac
Open Water Impacts
Fill
Cashiers Lake
Permanent
1.41 ac
(bulkhead)
Dredge
Cashiers Lake
Permanent
17.37 ac
TOTAL
18.78 ac
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment. Pre -project site planning was conducted to delineate and
field verify jurisdictional WoUS within the proposed project area. These features were used to
select a viable alternative to avoid and minimize impacts to aquatic resources.
Impacts from dredging activities would be minimized by slowly lowering the water level in the
lake by draining water using a pump and hose or siphon. During dredging, the stream will be
diverted to the edge of the lake and isolated from the lakebed by the construction of a toping
berm. A summary of the avoidance and minimization is as follows:
Aquatic
Resources
On -Site Totals
Proposed Impacts
Percent Avoided
and Minimized
Stream
5,332 if
130 if
98%
Open Water
18.99 ac
18.78
0.99%
Wetland
12.31 ac
6.96 AC
43%
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The project will impact streams, open water, and wetlands resources. The total area of proposed
impacts to aquatic resources is 26.22 ac (estimated area of streams is 0.48 ac, area of proposed
stream impacts 0.01 ac).
Compensatory Mitigation
The proposed project does involve temporary and permanent impacts to jurisdictional WoUS.
The temporary impacts to streams and permanent impacts to open waters will not result in
functional losses to the aquatic environment within these jurisdictional resources and will not
result in a permanent loss of jurisdictional WoUS.
Upon completion and implementation of practical avoidance and minimization efforts, a total of
6.96 acres of wetland impacts associated with dredging of Cashiers Lake and site development
are unavoidable. Based on previous conversations with the Corps, additional wetlands appearing
from 1998 to 2018 (approximately 1.7 acres) would not require mitigation. Therefore, the total
wetland mitigation required for the proposed project is 5.26 acres of wetlands.
CEC completed North Carolina Wetland Assessment Method (NCWAM) for the wetland that
will be dredged and this information was submitted to the Corps for review. NCWAM calculated
an Overall Wetland Rating of "Low." Unavoidable wetland impacts would be mitigated for at a
compensatory mitigation ratio of 1:1.5 based upon NCWAM results and conversations during
per -application meetings with the Corps (Spring 2016).
The applicant is proposing to mitigate for wetland impacts ata 1:1.5 ratio through NC Division
of Mitigation Services (DMS). By letter dated January 12, 2018, DMS has indicated they are
willing to accept payment for wetland impacts that may require compensatory mitigation up to
5.15 acres associated with the dredging at Cashiers Lake.
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 affect 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:
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F -I 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.
® 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).
F -I 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).
F -I 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).
F -I 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).
F -I 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.
SHPO and applicable tribal historic preservation offices (THPO) will be notified via Public Notice
about the project and will be given the opportunity to comment on the project and its potential
effects on cultural resources.
The District Engineer's final effect determination will be based upon submitted comments to this
public notices from SHPO and/or THPO; and further 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' 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:
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F -I The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
F -I The Corps determines that the proposed projectmay affect, but not likely to adversely
affect federally listed endangered or threatened species or their formally designated
critical habitat. The Corps initiates consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
The Corps isnot 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.
The FWS will be notified via Public Notice about the project and will be given the opportunity to
comment on the project and its potential effects on threatened and endangered species.
The District Engineer's final effect determination will be based upon submitted comments to this
public notices from FWS; and further coordination with the FWS, as appropriate and required;
and with full consideration given to the proposed undertaking's potential direct and indirect
effects on federally threatened or endangered listed species and/or their formally designated
critical habitat within the Corps' permit area.
Wild and Scenic Rivers
Pursuant to the Wild and Scenic Act of 1968, the Corps will review the proposed project
activities for potential impacts to designated Wild and Scenic Rivers. The project area is not
located in a component of the National Wild and Scenic River system or in a river officially
designated by Congress as a "study river" for possible inclusion in the system.
The Chattooga River located 1.3 miles downstream and to southwest of the project area is a
designated Wild and Scenic River. The U.S. Forest Service (USFS) is the federal agency which
has the direct management responsibilities of the Wild and Scenic River portion of this river.
The USFS will be notified via Public Notice about the project and will be given the opportunity to
comment on the project and its potential effects on designated Wild and Scenic Rivers.
The District Engineer's final effect determination will be based upon submitted comments to this
public notices from USFS; and further coordination with the USFS, as appropriate and required;
and with full consideration given to the proposed undertaking's potential direct and indirect
effects on Wild and Scenic River portion of the Chattooga River within the Corps' permit area.
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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 June 8, 2018 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
In
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
F -I 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 Corpswill 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
Version 7.8.2 014 Page 12
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.
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, June 8, 2018. Comments should be submitted to:
Mr. David Brown
USAGE Wilmington District — Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina, 28801-5006
Version 7.8.2 014 Page 13
Cashiers Lake Development (+/- 89 AC)
tJ° �gOi� HunleAd Ot°c�aO`
`, Ro
\ yP9b
� 64
Cashiers
Cashiers ,r
Z �
R Way
r� r,�µ
/1 d
Project Boundary ? 107 d
m
I r
Pre
Alli Rd Y Ry °h Rd
ed ��
Rlilen o°
14r- 0 Or
N
Legend P 4__`�
"�
Project Boundary Gye
0 0.25 0.5 1
Out Parcel Miles
oaw,ly.-32718,Cec—soe r„ _d eR L
Jackson Comity, CLearWater Site Vicilutv
North Carolina Fig
tue 1
32 Cla lo. Street
Asheville, North Carolina 28801
Cashiers Lake Development (+/- 89 AC)
•
�►IT , .c
1,
co�� �I ,
l
T
• j - Project Boundary
r
' 1113 d
�,� •• 1 • Cash er
L
_ • .• x_--'� Proposed Dredge ' •� �•
a f• a • • • • r Material Waste •.�—
,,� '' • Area
Legend
7 Project Boundary o� •
,k ✓ -� 0 500 1.000 2,000
Out Parcel
ec P IJIrn
Jackson Cowity, CLearWater USGS Topographic Map
North Carolina Cashiers Quad
32 Cla,. Street
Asheville, N— Car 1— 28801 Flgnre 2
Cashiers Lake Development (+/- 89 AC)
Cashiers Lake Development ( +/- 89 AC)
Impact #11
Proposed Bulkhead &
Wetland Fill (1951-1998)- 0.03AC
Impact #10
Proposed Dredging
Wetland (1951-1998) - 5.21 AC
Impact #9
Wetland (1951-1998) Fill - 0.04 AC
Impact #8
Proposed Road Crossing
Stream - 50 LF
Impact #7
Proposed Road Crossing
Wetland Fill - 0.01 AC
Impact#6
Proposed Road Crossing
Stream- 50 LF
Impact #4 (Temporary)
Proposed Utility Crossing
Stream - 30 LF
Existing Wastewater---
Treatment ,i
Legend
�P�a�da�� �maae
oP�a�dso��a,Ma�a9amam
� � �o�aoamam
�P�avao��dary
Drawn by: KAY 2.26.18; Project# 508
Impact #13
Proposed Parking
Wetland Fill (1951-1998) - 0.24 AC
woad
F n
POe�
Arcs
Hotel
I/Adm
inlstration
ft C�C
Hotel
O
O
Cashie
s
Lake
Impact #5
Proposed Bulkhead &
Open Water Fill - 0.88 AC
LRZIH,TAF
– W AC
LICTIONALWAi OFl EUS
–5,332LF
nds-1231
AC
waers
–1899 AC
LC ONALIMPA=
Ponnanent wean IMP—
–100LF
Temporaya—1 mpdas(Utl lty)
–'0W
nds(FII)
–042 AC
nd(a.dge)
–654AC
Wetland Imp—
–096 AC
Wa.,(FII)-141
AC
Waer(a.dge)
–1131AC
open Waerl mp—
–181 AC
JAN�MINIMIZ TON
–5,232
,,ds
–534AC
waers
–021 AC
.ATOM
A
nds(Payment toC q
26 AC
Impact #12
Proposed Dredging
Wetland (1998 -Present) - 1.33
AC
Impa s#1
Prop ed Dredging
Open Water - 17.37
AC
Impact #2
OpenProposed Bulkhead &
Water Fill - 0.53 AC
Impact #3
Proposed Bulkhead &
Wetland (1998 -Present) Fill- 0.11A
N
0 250 500 1,000
Feet
to uist�Associate
Jackson County, r„c. CLearWater Stream & Wetland
a,,,n �u ,u,�
- Impact Map
North Carolina le,NordiCaroeet
asheciue. xoru, cerath,e zssol Figure 3.0
HooamN. cal s P�PN HPs EEE E�E�oPEo os�No �AOI:soN 000N,; ®;: MAPP�NO No �sJ� %�— C�:•'• I ' / \ •. \ iC- ° ` _/
uonaMonin nxo vxeunixanr vi oEnnxo oaTn vaowoeo er craw SHO- ON THIS i�j/'- DWRT STREAM FLOW WITHIN DEWATERED LAKE BED AS NECESSARY /I
^w 1 SEsw a11.TTHISnu Isx-YRINo. TOM AA. \'/� , TO ACCOMMODATE DREDGING OPERATIONS, MAINTAIN PROPER Legend
.-PREESIFTA ., E""T'"1113
Iwx�RE can E .... NOT
YeEv us[D wa HE— OR CO- of UND OR woNr OF wnvs /,_ �' / .`SEDIMENT BASIN CONFIGURATION AND OPERATIOONS.TYPICAL
-----= �
FORCON6TRUCTION PURPOSES, PILOT DAZE: 1/26/10 _ _ �'� I -/ _
CONTRACTOR TO INS TALL FLOATING SKIMMER INTAKEAND - \\ t\
INSTALL PUMPED OR SIPHON DISCHARGE TO STABIL17E0 MAINTAIN TEMPORARY SEDIMENT `, I' I / ,1 \ .`� ``� Stream
REMOVALBASIN. INSTALLBAFFLE I/ ` �_`I• j
DISCHARGE POINT DOWNSTREAM TO DRAIN LAKE. REGULATE - / ` c .
SKIMMER FLOW BY THROTTLING OR OWOFF OPERATION OF Mw TO' X11 \
_MAINTAIN lAN RATIO. '`\ \ �i r /� / t, �� v )
SKIMMER AS REQUIRED TO MAINTAIN A MINIMUM TEMPORARY I' IMPACT #I: PROPOSED DREDGIN `` \`�v��� ��It� \\ I
=A /_ III - ® Wetlands Avoided
SEDIMENT BASIN SURFACE AREA OF AT LEAST$.ODD SF OR - __ i'-6PER-OPRTER 1737AC, \ '�� ,
SF/GPM OF SKIMMER FLOW, WHICHEVER IS GREATER - - ' ( - \
PROVIDE ADDITIONAL SEDIMENT SASIN SURFACE AREA IF '� I,` •�\_ ~`
NECESSARY TO MAINTAIN DOWNSTREAM TURBIDITY AT AN '``IMPACT#&: PROP ED I �\P -- - [ l Proposed Temporary Sediment Basin
ACCEPTABLE LEVEL. MAINTAIN A MINIMUM WATER DEPTH IN & OP N WATER FILL IMPACT #12: RbPO5E0 D) GIG 1 I �\ I \\ '
THE SEDIMENT BASIN OF 3 FT AND MAINTAIN A 3T01 LENGTH 0.88 AC ( wETOQ9Pj1998-PRESENT)-1. AC
TO WIDTH RATIO, INSTALLING BAFFLE CURTAINS IF / �.� II�t, + proposed Temporarary Aversion Ditch
NECESSARY. IN THE EVENT OF RAIN, CEASE SKIMMER - -- 111��� s°o ` /
OPERATION AND ALLOW LAKE TO FILL AS NEEDED TO 11 J IMPACT #9 WETLAND (195 1998) FILL -0.00 AC /`/ --
CAPTURESEDIMENT AND MAINTAIN ACCEPTABLE 'W� P I��_I
DOWNSTREAM TURBIDITY LEVELS. pdep _ �\ ,r ,rte 0 proposed Temporary ByP asspipe
t r '
,APPROXIMATE 9p _ `,IMPACT#10: PR -199 ,21AC)NG�/
PROJECT ✓ A - P/E•iO(F16(i952-1998 521 ACI+�/III (/_, r®.--, proposed Wetland Dredging 1951 Wetland
LAND TRA RE �o. -
. BOUNDARIES, _
TYPICAL F - --- IMPACT #11: PROPOSED �I--� Proposed Wetland Dredging C98 Wetland
HOCRREAD7IND WETLAND _
FILL (1951-1998)-003AC/
®Proposed Wetland and Open Water Fill Areas
so
`1 Proposed Bulkhead
10,
CASH®2S LAKE ---� Project Boundary
((��ppggMALPOOL ��
CR1L�Y.=3470'±)
o
- �aaao� EkISTINGweTLnrvos g ___ - — �- ' �-
.__ TO REMAIN - ,_- I_i IIli' X11 �/
/IMPATT9, FPRO0P4 D
ACWETLAN'1
/ IS✓� l^ /, `I\
EXISTING 24•SPILLWAY SIPHON II/ _ -I - ---------
RE —' =
4 TO REMAIN IN OPERATION' I ' J -\ —DREDGING
WIT�HEFLEX BYE PIPE. USE ASMPED ���\
THROUGH OUT DREDGING %� '
PROCESS. DO
o)R �/� `_� . �'�� NEEDED DURING DRV PERIODS TO MAINTAIN I\.
PROTECT FROM OAMAGEANDi_/� I' .—MI MUM FLOW DOWNSTREAM OF DAM.-
PREVENT BLOCKAGE. DO NOT I - _ _ --
IMPACT
'�'�`•: /-`�
USE FOR DRAINING
/
,,//RE LA LAKE LEVEL. �+ IMPACT #2: PROPOSED BULKHEAD &' / _ -
DPENVPATER FILL -0.53 AC' �� �_ PROPOSED NON TREATED TIMBER MATTING' .g�•'cc ��.-�_ _
r /�' I I / i OR RIP RAP FOR TEMPORARY CAUSEWAVAS '�/ii� 1-,_y.`c__ i --------
IMPACT
-
�/ .- / IMPACT#3: PROPOSED BULKHEAD& ) I' __�'L' NEEDEDTO ACCESS ALL DREDGING AREAS `
1 I / ALL TEMPORARY CAUSEWAY MATERIALSTO
R, /I
998-PRESENT)FILL-0.11 AC / , ,i - /
PROPO ED STABILIZED �i ,____"BE COMPLETELYREMOVEDFOLLOWING-' /�_:�_ 1� - / _�_,
_ CONSTRUCTION ACCESS ROAD ISI / �'-DREDGING OPERATIONS. _ 'I -
ITHSTAGINGAREAANDALL 11 '� '--moi __-_;% _ _\� ` ✓_:
APPLICABLEEROSIONCONTROL /i 'EXISTING WETLANDS TO/
MEASURE S. DREDGED ✓ /: (REMAIN.' _ ' -� —✓
•\ t/' 1 ' MATERIALS TO BE
_TRANSPORTED TO PROPERLY
PERMITTED OFFSITE WASTE
AEMINOED.ATIOO )_ _ --'--- - . � i ---
200 100 200 400
-✓ ` �% iii / .;%_ _ �G-J=am,"-:=_=_:i'�c�-=___ 1INCH =200 FEET
%ckson County, ALof qM t &Assno8 tes, I nc. DRC�O G, LA0 HORE MODI FI OTI OD &
Nor o9 02 ) °/ata „°m SEDD D T REMOVAL �1P
191 u r e 3.1