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HomeMy WebLinkAbout20090533 Ver 1_USACE Comments_20090828 0<1-0 533 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 ~~@~ow~@ 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, ~ J . jt..-<-23J 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