Professional Documents
Culture Documents
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
NORTH CAROLINA 28801
5006
ASHEVILLE
REPLY TO
ATTENTION OF
April 24 2008
Regulatory Division
Action ID No 2008
00492
Dear Mr Corliss
develop a residential
community with an 18
hole championship golf course a 20hole short
course and associated infrastructure near Tuckasegee in Jackson County North Carolina The
purpose ofthis letter is to provide you with comments received in response to the Public Notice
dated February 9 2007 and request that additional information be submitted to continue the
review of your permit request
Many ofthe comments from area property owners and area groups were similar They
expressed concerns related to the
proposed project and
potential adverse
impacts to the following
resources water quality elimination of stream buffers sedimentation herbicides fertilizers
pesticides dissolved oxygen pH turbidity potential contamination from the abandoned mines
etc water supply and water quality to those downstream trout federally listed species other
aquatic organisms wildlife historic properties and archaeological resources erosion and the
potential for landslides flooding legal access to the property in accordance with existing access
to area landowners increase in property taxes ridge top development air quality noise
pollution light pollution potential adverse effects on tourism fishing kayaking and canoeing
and aesthetics among others
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The USACE
s primary focus in the NEPA process is to evaluate the direct indirect and
cumulative effects ofthe proposed project and an adequate range of reasonable alternatives
Effects includes ecological such as the effects on natural resources and on the components
structures and functioning of affected ecosystems aesthetic historic cultural economic social
or
health whether direct indirect or cumulative Our consideration includes both beneficial and
detrimental effects
Indirect
effects are caused by the action and are later in time or farther removed in
impacts
distance butstill reasonably foreseeable Indirect effects may include growth inducing
are
effects and other effects related to induced changes in the pattern of land use population
density
or
growth rate and related effects on air and water and other natural systems including
ecosystems
period and
or involving similar actions e i past present and reasonably foreseeable future
actions The Council on Environmental Quality CEQ defines cumulative impacts as the
impact on the environment which results from the incremental impact ofthe action
swhen
added to other past present and reasonably foreseeable future actions regardless of what
agency
federal or non
federal person
or undertakes such other actions 40 CFR 7
1508 Cumulative
impacts can result from individually minor but collectively significant actions taking place over a
period of time
Some of the potential effects that the USACE finds need to be further explored are
likely to be human burials present and that there is high probability for the presence of
a
archaeologist Additionally a number of area property owners commented that they believe
archaeological sites and historic properties are located in the project area Based on comments
from the EBCI THPO the NC SHPO area organizations and area property owners we have
determined that we require additional information related to cultural resources of all types that
may be located on the property Please respond with additional information regarding the
presence of these resources and information concerning any coordination already undertaken if
done independently of USACE involvement with the EBCI THPO and or the NC SHPO
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things downstream sedimentation increased runoff stream channel instability and ineffective
erosion control Based on comments from the USFWS the NCWRC area organizations and
information related to
area
property owners we have determined that we require additional
federally listed species Please respond with additional information re iardin the presence of
potential impacts to listed species that maybe affected
ecies in the project area and any
listed
measures listed m
roposedproject Also please indicate if you will incorporate the 8
this
the USFWS letter into the project
Potential effects to trout The NCWRC commented as follows the project may harm trout
habitat directly from work in Webster Creek and may harm species downstream including trout
if it were to cause among other things downstream sedimentation increased run
off stream
channel instability Additionally the NCWRC requested that the
and ineffective erosion control
moratorium on instream work from October 15 to April 15 of any year to prevent harm to
and area property
trout spawning Based on comments from the NCWRC area organizations
downstream water supply are concerns especially in regard to the use of pesticides fertilizers
and herbicides golf course maintenance water supply and quality to those downstream
below
the project area water supply and potential sedimentation adversely affecting a downstream
buffer Please review
hydroelectric project on Cherry Gap Branch and removal of stream
micro
the comments and respond with additional information regardin potential impacts to water
this proposed project
quality and downstream water supply and quality that maybe affected by
and on
site alternatives that would potentially result in less adverse impacts than the proposed
project especially regarding design and construction techniques and 2 to the maximum
site
extent practicable minimize the unavoidable adverse impacts of the preferred alternative i e
information regarding measures you have taken to avoid and minimize impacts to aquatic
resources Once these steps have been taken a compensatory mitigation plan that would
adequately offset all unavoidable impacts to waters or wetlands is then required
Further according to the Guidelines permit may be issued for a proposed project if
no
spreferred alternative
these alternatives are more environmentally damaging than the applicant
or are not practicable
and
adequately demonstrate compliance with the Guidelines you must fully address the following
While theapplication did include information regarding the impacts at each golf hole and
practice range we have determined that you have not adequately demonstrated that
the driving
all appropriate and practicable minimization has been undertaken Specifically the USACE has
concerns similar to the USFWS and the NCWRC concerning impacts at golf holes 1 7 11 18
play over proposed impact areas on holes 1 7 and 18 As to the impacts for hole 11 what are
the gradin costs which would allow for shifting the hole Concerning the proposed impact at
hole 18 what is an unacceptable distance from the clubhouse and who determines what is an
unacceptable distance Also at this location why is it not practicable to play over this impact
practice range and the massive grading required what is
area As to the impacts at the driving
meant by massive rg ading and why is this not practicable Also why is it not practicable to
redesi ng this portion of the course so that impacts to jurisdictional waters ofthe U
S are avoided
or minimized e change the locations
and of the driving range
practice and the club house
change the footprint of the club house and shift the range over etc
do not believe that the stream
Proposed miti agtion The USFWS commented that they
the proposed
mitigation plan is adequate The NCWRC commented as follows Although
for this work is not
stream enhancement should improve stream habitat the credit requested
level of effort that is
commensurate with the functional improvements anticipated and the
As with the enhancement work excessive credit is also requested
warranted to achieve them
for preservation of avoided stream channels and riparian areas
The USACE has concerns similar to those outlined in the comment letters received Please
note that the amount of credit given for stream mitigation activities is dependent upon many
the
factors including proposed impacts in the stream channels type amount location etc
associated buffer widths if these areas are of lot lines and
quality of the stream channels part
the type ofprotection mechanism utilized Please provide information that addresses these issues
and be reminded that mitigation is used to offset impacts to aquatic resources once the applicant
has demonstrated avoidance and minimization Your response should include a map
adeguate
that shows allproposed mitigation areas all proposed impacts lot lines and building footprints
so that the proposed mitigation may be fully analyzed
effectiveness of an
While this letter emphasizes comments from the USACE the EBCI THPO the NC SHPO
the USFWS and the NCWRC you should carefully read all comment letters and respond to all
substantive comments Additionally please respond with additional information regarding
to similar comments in
compliance with NEPA and the Guidelines If you choose to respond
reference the agency letters by agency and page number of the
one response please cross
we cannot
comment letter Please be advised that until we receive the information requested
Sincerely
L i eckwith
Regulatory Specialist
Asheville Regulatory Field Office
Enclosures
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