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Home My WebLink About20190103 Ver 1_Waterfront Additional files_20190122To: William Elliott US Army Corps of Engineers Asheville Field Office Re: Waterfront Club development, Nationwide Permit 29 PCN submittal Mr. Elliott: Caldwell Timber Partners, LLC, has contracted Acer Environmental, LLC, to pursue issuance of Nationwide Permit 29 to authorize impacts on two stream channels totaling 147 linear feet. The Waterfront Club development is an approximately 1,011 acre site located in Caldwell County, North Carolina, adjacent to the north shore of Lake Rhodhiss. The site was subjected to a delineation effort in 2017 to identify potentially jurisdictional features within the property. The delineation effort identified approximately 23,500 feet of stream channel and approximately 1 acre of wetland area across the entire property Water resources within the site include Stafford Creek and several of its unnamed tributaries. Stafford Creek has been assigned a Best Usage Classification of WS-IV;CA. The unnamed tributaries carry the same classification. The wetlands within the site are typically small in area, associated with adjacent stream channels. The proposed development is a phased project, with a total of 3 Phases. Phases 1 and 2 are currently completed, with the installation of infrastructure, including roads and water systems. All jurisdictional impacts were avoided during these phases. The initial site plan would have impacted most of the jurisdictional wetland area within the parcel and every stream channel would have been crossed at least once. As part of the Avoidance and Minimization effort, the site plans were redone to avoid all stream and wetland impacts in Phases 1 and 2, and to reduce the proposed impacts in Phase 3 to two channel crossings using culverts, allowing for best access to the majority of the parcel. Additional avoidance measures include the use of a bottomless culvert to allow for a third channel crossing which is necessary to access the property. A review of online data bases was conducted, including the NC Natural Heritage Program Element Occurrence, the US Fish and Wildlife Service National Wetlands Inventory, the NC State Historic Preservation Office, the FEMA Flood Map Service, and the NRCS Web Soil Survey. Copies of the relevant data from each of the reviews is attached. The majority of the site is under forest vegetation, with the majority of the site vegetated with pine, and limited mixed hardwood areas. The proposed impact areas are vegetated with young mixed hardwood forest, with a mix of red maple, yellow poplar, eastern hemlock and white pine. The NCNHP data base search indicated that dwarf -flowered heartleaf was known to occur within 1 mile of the project site. Potentially suitable habitat for this species is listed as north facing beech slopes. The action areas around the proposed impact sites do not offer potentially suitable habitat for this species. Proposed Impacts Stream crossing 1 is located on an Unnamed tributary to Stafford Creek. The stream channel is approximately 10 feet wide and is incised 3-4 feet. A relict narrow floodplain is present adjacent to the channel. Impacts proposed for this location include 75 feet of culvert. Stream crossing 2 is located on Stafford Creek. The stream channel is approximately 30 feet wide and is incised 8-10 feet. A relict floodplain is present adjacent to the channel. Impact proposed for this location include 72 feet of culvert. The proposed crossing has been aligned to avoid two jurisdictional wetland areas located nearby. Stream crossing 3 is located on an Unnamed tributary to Stafford Creek. The stream channel is approximately 5 feet wide and is incised 3-6 feet. A narrow floodplain is present on one side of the channel. A bottomless culvert arch will be used to cross this channel, with the footers of the arch being placed above the elevation of the ordinary high water mark of this channel, resulting in no impact. Due to road standards required by NCDOT limiting vertical grade, the road surfaces at the crossings have to be raised, with side slopes maximized at a 2:1 slope. Headwalls have been utilized to the best extent practicable to minimize the culvert lengths. Due to the Avoidance and Minimization efforts conducted for this project, the total proposed impacts are 147 linear feet of stream channel. The developer is not proposing mitigation to offset these minimal impacts. We understand a site review will be necessary to move this application forward. We can meet onsite at your convenience. I appreciate your attention to this matter. If you have any questions or comments, or need any additional information, please let me know. Sincerely, ACER ENVIRON ENTAL, LLC jan Gay, LS, Cc via electronic submittal: '1 saw,44i " Property Legal Description Waterfront Club Subdivision NCPIN: 2745333257 Account #: 158437 Parcel -id: 1155 116 Bk 1886 PG 146 YR 15 ST 14021.00 Caldwell County, North Carolina Property Owner: Caldwell Timber Partners. LLC (print) The undersigned, registered Property Owner(s) of the above noted property, do hereby authorize Jan Gay, of Acer Environmental, LLC To act on my behalf and take all actions necessary with the US Army Corps of Engineers and North Carolina Department of Environmental Quality for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's address: 140016th Street, Suite 320 Denver, CO 80202 Telephone number: 720-723-2850 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledeel") Authorized sighature Date: ICA Waterfront Club NWI December 19, 2� 18 This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should Wetlands El Freshwater Emergent Wetland Lake be used in accordance with the layer metadata found on the Wetlands Mapper web site. ® Estuarine and Marine Deepwater M Freshwater Forested/Shrub Wetland Other Estuarine and Marine Wetland [j Freshwater Pond M] Riverine National Wetlands Inventory (NWI) This page was produced by the NWI mapper A■ �� Roy Cooper, Governor I ® NC'DEPARTMENT 4F �i81 NATURAL AND CULTURAL RESOURCES r Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship NCN H DE -7756 December 17. 2018 Jan Gay Acer Environmental PO Box 71 Candler, NC 28715 RE: Waterfront Club Dear Jan Gay The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -Listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butler(g�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET, RALEIGH. PTC 27603 1651 MAIL SERVICE CENTER, RALEIGH. NC 27699 QFC 919.707.9120 • FAX 019.707.9121 No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/content/help. Data query generated on December 17, 2018; source: NCNHP, 04 Oct 2018. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Waterfront Club December 17, 2018 NCNHDE-7756 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name CoNaWbserv'ation�Occurrence La: Federal State Global State Group Status Status Rank Rank Dateank Bird 36393 Haliaeetus Bald Eagle 2017-02-14 E 2 -High Bald/Golden Threatened G5 S3B,S3 leucocephalus Eagle N Protection Act Crustacean 34836 Cambarus johni Carolina Foothills 2002-05-03 E 3 -Medium --- Significantly G3 S3 Crayfish Rare Vascular Plant 36661 Hexastylis naniflora Dwarf -flowered 2016-04-05 A 1 -Very Threatened Threatened G3 S3 Heartleaf High Vascular Plant 28350 Hexastylis naniflora Dwarf -flowered 2009-04-07 E 3 -Medium Threatened Threatened G3 S3 Heartleaf Vascular Plant 28353 Hexastylis naniflora Dwarf -flowered 2009-04-07 E 3 -Medium Threatened Threatened G3 S3 Heartleaf Vascular Plant 22493 Hexastylis naniflora Dwarf -flowered 2010-05-26 C?r 2 -High Threatened Threatened G3 S3 Heartleaf Vascular Plant 22491 Hexastylis naniflora Dwarf -flowered 2010-05-26 D?r 2 -High Threatened Threatened G3 S3 Heartleaf Vascular Plant 22492 Hexastylis naniflora Dwarf -flowered 2006-06 D 2 -High Threatened Threatened G3 S3 Heartleaf No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/content/help. Data query generated on December 17, 2018; source: NCNHP, 04 Oct 2018. Page 2 of 4 Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-7756: Waterfront Club Course ory P. -a. December 17, 2018 ❑ Project Boundary ❑ Buffered Project Boundary Page 4 of 4 1:34,039 0 0.275 0.55 1.1 mi 00.45 0.9 1.8 km Sources: a, HERE, Garmin, In—p, increment P Corp., GEBCO, USGS, FAO, NPS, NRCM, G Base, IGN, Kadaster NL. Ordnance Survey, Esri Japan, MEm, Ead Ch -Heng Km ), —t-® OpenSft-Mwap nbutars, aM M. GIS User Community �� I , � , l•Ra i --- -- -- _ ,moo e!� - -.. �gP _ /;, ✓ ��__,'•t pof t`6 Cry. kr DIE 3 Q N ^, y 'i Falb,Pa-r S S' c \,ppp December 17, 2018 ❑ Project Boundary ❑ Buffered Project Boundary Page 4 of 4 1:34,039 0 0.275 0.55 1.1 mi 00.45 0.9 1.8 km Sources: a, HERE, Garmin, In—p, increment P Corp., GEBCO, USGS, FAO, NPS, NRCM, G Base, IGN, Kadaster NL. Ordnance Survey, Esri Japan, MEm, Ead Ch -Heng Km ), —t-® OpenSft-Mwap nbutars, aM M. GIS User Community FaC2 Fkl, oacz ft HwF Waterfront Club USGS mpo / �4r. /H `�` `-j- Legend _. PHASE LINE I `IQ� PHASE LINE 1 PHASELINEI WIDE rss • r r s "rvs � ..ze � ii ± i s a� !t ��• � fikil T.. R; lw y;�¢' .•. • +,1F e"n of _ a ye�� 1 � �� " r 7" � iQil n •�t 1R�z 1t�� Ba(o'nle � . µmy 4..+ ' ra o +�� -i� �j 60. 5k._� ..fira � t pp y •• 4R vr� 4r yy�� o l ? R� l h+. dl y $ ': \ iwr _ri-�*-T +%'E�a��C. Y'=.-7 �/�i�K�E�A�'I•,�-`--�G 4F 1-.4�. �f'N �9�;; W s Xv 11 fr ft: +F�i, ,�. Tom✓rS i Iq 1p y