20060798 Ver 2_Public Notice_20061229

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PUBLIC NOTICE
US Army Corps
Of Engineers p _ U 1 g g
Wilmington District
Issue Date: December 22, 2006
Comment Deadline: January 22, 2007
Corps Action ID #: 2006-41710-381
The Wilmington District, Corps of Engineers (Corps) has received an application from Vista
Developers, LLC, represented by Mr. Stig Wennerstrom, seeking Department of the Army
authorization to impact waters of the United States in order to construct a 7.45 -acre lake within
the Bill's Mountain residential development in Rutherford County, North Carolina. This
proposal would impact 2,565 linear feet of perennial and intermittent unnamed tributaries to the
Broad River for lake construction.
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: Vista Developers, LLC
Attention: Mr. Stig Wennerstrom
525 N. Main Street
Hendersonville, North Carolina 28792
Agent: Wetland and Natural Resource Consultants
Attention: Mr. Neill Yelverton
Post Office Box 882
Canton, North Carolina 28716
Authority
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
(33 U.S.C. 1344).
Location
The project site is located on the 769 -acre Bill's Mountain residential development at latitude
35.4374 north and longitude 82.1428 west. The development is located on the east side of Bills
Creek Road in Rutherford County, North Carolina.

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Existing Site Conditions
The land use in the surrounding area is primarily forestry and agriculture with some residential
development. The land use on the project site was historically forestry and is currently forested
with mixed mesic hardwoods and rich cove rhododendron thickets. The site contains perennial
and intermittent streams that are unnamed tributaries to Bills Creek, Cove Creek, and the Broad
River. These are all "Class C" waters in the Broad River Basin.
The streams proposed for impact are unnamed perennial and intermittent tributaries to the Broad
River and have been classified in accordance with the NC DWQ Stream Identification Form
Version 3.1. The proposed lake has approximately 176 acres of drainage measured at the
proposed dam site. The NC Division of Water Quality has classified this section of the Broad
River as a "Class C" water.
Applicant's Stated Purpose
To provide a recreational and aesthetic lake for a residential development.
Project Description
The project consists of constructing a 7.45 -acre lake within a 769 -acre residential development.
The applicant is seeking authorization to impact 2,565 linear feet of Class "C" perennial and
intermittent unnamed tributaries to the Broad River. Development of the site would require
clearing the proposed lake bed, grading the proposed dam site, filling to impound the stream, and
flooding. Heavy equipment, including graders, pan scrapers, excavators, bull dozers, etc., would
be used for the construction of the project.
Overall, the proposed impacts are as follows:
• 243 cubic yards of fill will be discharged into waters for the dam
• 537 linear feet of direct impacts for dam structure
• 2,028 linear feet of indirect impacts for flooding
During construction of the dam, the subject channel would be diverted while the fill is
discharged into the stream to prevent contact between the fill and the water. The top width of the
dam is proposed to be 20 feet and the side slope is proposed to be 3:1. The proposed permanent
impacts to stream channels resulting from the placement of fill material associated with the dam
totals 537 linear feet, or 0.087 acre of stream surface area. The proposed impacts resulting from
flooding streams total 2,028 linear feet, or 0.22 acre of stream surface area.
Conceptual plans include stocking the lake with game fish (rainbow, brown, and brook trout) and
providing habitat for migratory waterfowl (wood duck). The lake would be constructed with
littoral areas and thereby provide diverse habitat for terrestrial and semi -aquatic wildlife.
Fisheries habitat structures would be created for game fish. The outlet of the lake would utilize
low -flow cold water design strategies to create suitable downstream habitat for fish as well.
Littoral benches would be field designed and constructed along the shore of the reach due to the
steepness of the valley.

The applicant proposes to use the 2:1 Compensatory Mitigation Ratio set forth in the Corps
Stream Mitigation Guidelines. As such, the applicant proposes to mitigate for permanent
impacts at a 2:1 ratio with a multiplier of 1, which equates to 1,074 linear feet of restoration for
537 linear feet of impact. This mitigation would be pursued through the NC Ecosystem
Enhancement Program's in -lieu fee program. The mitigation for flooding would be accessed at a
2:1 ratio with a multiplier of 2.5, for a final ratio of 5:1. The proposal to address these impacts
would be to preserve 10,140 linear feet of on-site stream channel to mitigate for 2,028 linear feet
of flooding impacts. This on-site preservation would include a 30' vegetated buffer adjacent to
the channels which would be preserved through deed restrictions.
There are no proposed impacts to wetlands resulting from construction of the lake.
Two previous Nationwide Permits (NWP) (file number 200630549) have been issued on this
project site for impacts associated with the construction of a road network (February and June
2006).
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 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),
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
January 22, 2007.
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 final 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 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
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
4

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, January 22, 2007. Comments should be
submitted to Ms. Lori Beckwith, Asheville Regulatory Field Office, 151 Patton Avenue, Room
208, Asheville, North Carolina, 28801-5006.

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Date: 3/9/2006
Scale: 1 inch equals 2000 feet
Location: 035.4328576 ° N 082.1431631 ° W
Caption: Vista Developers - Bill's Mountain
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Caption: Vista Developers - Bill's Mountain

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