PUBLIC NOTICE
Issue Date: November 22, 2013
Comment Deadline: December 6, 2013
Corps Action ID Number: SAW-2013-02251
The Wilmington District, Corps of Engineers (Corps) received an application from Mr. Randy
Jameson, of Ingles Markets, Incorporated seeking Department of the Army authorization to
impact 300 linear feet of stream , associated with the re-development of the existing Ingles store
#77 on Spartanburg Highway in Henderson County, North Carolina.
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 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant: Mr. Randy Jameson
Mr. Randy Jameson
Ingles Markets
2913 US Highway 70 West
Black Mountain, North Carolina 28711
AGENT (if applicable): Mr. Clement R. Riddle
Mr. Clement R. Riddle
Clear Water Enviornmental Consultants
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of the following Statutory Authorities:
Section 404 of the Clean Water Act (33 U.S.C. 1344)
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
Directions to Site: The Ingles project site is located in Hendersonville, Henderson County, North
Directions to Site: The Ingles project site is located in Hendersonville, Henderson County, North
Carolina. To access the site from Asheville, take I-26 East to Exit 53 (Upward Road). Turn right
onto Upward Road and travel approximately 1.3 miles, then turn right onto Spartanburg
Highway. Travel approximately 2 miles and the project site is on the left near the intersection of
Spartanburg Highway and Greenville Highway. In general, the site is bordered to the north by
Spartanburg Highway, to the south and west by the Johnson’s Drainage Ditch and an unnamed
tributary, and to the east by the Chadwick Corners shopping center.
Project Area (acres): 7 Nearest Town: Hendersonville
Nearest Waterway: Mud Creek River Basin: Upper French Broad
Latitude and Longitude: 35.306239N, -82.456074W
Existing Site Conditions
Existing infrastructure on site includes: an Ingles grocery store, a CVS drug store, two small
warehouse buildings (now empty), and associated infrastructure such as parking, entranceways,
and utilities.
Applicant’s Stated Purpose
The basic project purpose of the proposed re-development at the Ingles site is to provide
commercial/retail services. More specifically, the overall project purpose is to re-develop the site
with a new Ingles store designed and built to current Ingles Market standards which includes a
larger store with more services and an Ingles gas station.
Project Description
The proposed project calls for the demolition and re-development of the approximately 7-acre
site. The existing 46,379-square foot store will be replaced with a 77,427-square foot store. The
new store will include additional services such as a full deli and bakery, pharmacy, café, and
associated gas station. Number of parking spaces will increase from 254 spaces to 277 spaces.
The project will include the installation of an approximately 553 linear foot box culvert which
will replace approximately 253 linear feet of existing culvert and add 300 linear feet of new
culvert.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment: The proposed project is the re-development of the existing
Ingles site. The project as proposed minimizes additional impacts by reconfiguring the existing
253-foot culvert and avoiding greater impacts at a new location. Additionally, the site plan
makes use of retaining walls at the site to further minimize impacts. Per City of Hendersonville
ordinances, the site would require 388 parking spaces. The applicant received a parking variance
and has been able to reduce the number of parking spaces required to 277 spaces further reducing
the disturbed area at the site.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: Upon completion and implementation of practical
avoidance and minimization efforts, a total of 300 linear feet of new stream impacts associated
with the re-development of the Ingles site are unavoidable. Unavoidable stream impacts will be
mitigated for at a compensatory mitigation ratio of 1:1. The following conceptual mitigation plan
is provided in support of this permit application. By letter dated October 1, 2013, NC Ecosystem
Enhancement Program (EEP) has indicated they are willing to accept payment for impacts
associated with re-development at the site.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public
Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps’ initial
determination is that the proposed project would not effect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places and initially determines that:
Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps’ permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an
historic properties.
No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps’ permit area; therefore, there will be no historic properties
affected. The Corps subsequently requests concurrence from the SHPO (or THPO).
Properties ineligible for inclusion in the National Register are present within the Corps’
permit area; there will be no historic properties affected by the proposed work. The Corps
subsequently requests concurrence from the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps’ permit area; however, the undertaking will have no adverse
effect on these historic properties. The Corps subsequently requests concurrence from
the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps’ permit area; moreover, the undertaking may have an adverse
effect on these historic properties. The Corps subsequently initiates consultation with the
SHPO (or THPO).
The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally
surveyed for the presence of cultural resources. No sites eligible for inclusion in the
National Register of Historic Places are known to be present in the vicinity of the
proposed work. Additional work may be necessary to identify and assess any historic or
prehistoric resources that may be present.
The District Engineer’s final eligibility and effect determination will be based upon coordination
with the SHPO and/or THPO, as appropriate and required, and with full consideration given to
the proposed undertaking’s potential direct and indirect effects on historic properties within the
Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps determines that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat. The Corps initiates
consultation under Section 7 of the ESA and will not make a permit decision until the
consultation process is complete.
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. The Corps will make a final determination on the effects of
the proposed project 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.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not make a
: The Corps will generally not make a
final permit decision until the NCDWR 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 constitutes initial receipt of an application for a 401 Water
Quality Certification. A waiver will be deemed to occur if the NCDWR 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 NCDWR Central Office, Wetlands, Buffers, Stormwater Compliance and
Permitting Unit, 512 North Salisbury Street, 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, by December 6, 2013 to:
NCDWR Central Office
Attention: Ms. Karen Higgins
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699-1650
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM): The application did not include
The application did not include
a certification that the proposed work complies with and would be conducted in a manner that is
consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33
CFR 325.2 (b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed
work until the applicant submits such a certification to the Corps and the NCDCM, and the
NCDCM notifies the Corps that it concurs with the applicant’s consistency certification. As the
application did not include the consistency certification, the Corps will request, upon receipt,,
concurrence or objection from the NCDCM.
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 consolidated State Viewpoint or written position of the Governor;
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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
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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the
proposed work, as outlined above, until 5pm, December 6, 2013. Comments should be submitted
to Mr. William Elliott, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801-5006, at (828) 271-7980, extension 224.