HomeMy WebLinkAbout20090533 Ver 1_USACE Comments_20090828
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REPLY TO
ATI"ENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVll-LE, NORTH CAROLINA 28801-5006
August 27,2009
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AUG 2 8 2009
Regulatory Division
Action ID. SA W-2009-0879
OENR - WATERQUAUTY
WETlANDS AND STORMWA9 BIWlCH
Mr. Josh Schley
Whiteside Partners, LLC
9 Pack Square SW, Suite 300
Asheville, North Carolina 28801
Dear Mr. Schley:
Reference your May 7, 2009 application for Department of the Army authorization to
impact approximately 2,854 linear feet of stream channel, 3.12 acre of wetlands, and 0.44 acre of
open water associated with the construction of a hotel & spa, 9-hole golf course, and residential
development on a 868 acre tract of land known as the Quigley Tract. This property is located off
of Highway 209 near Luck in Madison County, North Carolina. The site contains segments of
John Branch, Little Bald Branch, unnamed tributaries to Spring Creek, and adjacent wetlands.
Your proposal to fill and impound waters of the United States was advertised by public
notice dated June 30, 2009. Agency comments in response to the notice were received from the
US Fish and Wildlife Service (USFWS), the North Carolina Wildlife Resources Commission
(NCWRC), and the State Historic Preservation Office (SHPO) in letters dated July 27,2009, July
31,2009 and July 17, 2009 respectively. Additional comments were received from individual
citizens and the Southern Environmental Law Center on behalf of the Western North Carolina
Alliance. The USFWS and the Southern Environmental Law Center recommended denial of
your application based upon anticipated adverse environmental impacts. The comments received
are enclosed for your information and to provide you with the opportunity to address any of the
stated concerns.
Permits for work within wetlands and other special aquatic sites, including stream riffle and
pool complexes, are availa1;>le only if the proposed work is the least environmentally damaging
practicable alternative. We suggest that the project be reevaluated to further avoid and minimize
impacts to Waters of the United States while taking in to consideration the interests of the
objecting agencies.
Please provide any responses to these comments, in writing, on or before September 28,
2009. If you have any questions, I maybe reached at (828) 271-7980, extension 225.
Sincerely,
~
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David . Baker
Proj ect anager
Asheville Regulatory Field Office
Enclosures
CF w/encls:
Mr. Neill Yelverton
Wetland and Natural Resource Consultants
Post Office Box 882
Canton, North Carolina 28716
CF w/o encls:
Ms. Cyndi Karoly
NCDENR - Division of Water Quality
Wetland/401 Unit
2321 Crabtree Boulevard
Raleigh, North Carolina 27604-2260